Legislation Details
- Full Title: Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security
- Law Type: Cabinet Resolution
- Law Number: No. (89) of 2022
- Issued Date: 30 Sep 2022
- Effective Date: 03 Oct 2022
- Official Gazette: No. 737
- Sector: Finance and Banking
- Status: Active
- Number of Articles: 18
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes administrative fines for violations related to the services provided by the Federal Authority for Identity, Citizenship, Customs, and Port Security in the United Arab Emirates. The purpose of the law is to regulate non-compliance with the Authority's service requirements and provide a framework for collecting and managing fines. The Resolution is significant for businesses and individuals in the UAE as it outlines the specific penalties they may face for failing to comply with the Authority's procedures, which could impact their ability to access critical government services. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 1-8)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish administrative fines for violations related to the services provided by the Federal Authority for Identity, Citizenship, Customs, and Port Security in the United Arab Emirates. The purpose is to regulate non-compliance with the Authority's service requirements and provide a framework for collecting and managing fines. The Resolution applies to all government agencies, establishments, and individuals who obtain services from the Authority. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 1-2)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- State: United Arab Emirates
- Authority: Federal Authority for Identity, Citizenship, Customs, and Port Security
- Chairman: Chairman of the Authority
- Foreigner: Anyone who does not have the nationality of the State
- Services: Transactions carried out by the Authority to meet the needs of service recipients
- System: The electronic system through which the Authority's services are provided
- System Users: All government agencies, establishments, and individuals who obtain the services provided through the system
- Service Recipient: Relevant auditors or their representatives from all government agencies, establishments, and individuals
- Establishment: Any institution or company licensed under the applicable legislation to engage in any economic, service, professional, craft, agricultural or other activity
- Civil Facts: Elements of an individual's civil status that relate to birth, marriage, divorce, death, and any other event determined by the Chairman
- Identity Card: A card issued in accordance with the law with a unified number, including data necessary to determine the identity of its holder and containing visible and invisible data stored electronically
(Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution does not directly impose any obligations or requirements on individuals or businesses. However, it establishes a framework for administrative fines to be imposed for violations related to the services of the Federal Authority for Identity, Citizenship, Customs, and Port Security. The specific violations and corresponding fines are listed in the Annex to the Resolution. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 2)
What are the penalties for non-compliance?
The Cabinet Resolution outlines the following penalties for violations related to the services of the Federal Authority for Identity, Citizenship, Customs, and Port Security:
- Financial fines for the violations listed in the Annex to the Resolution. The specific fine amounts are not provided in the source text. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 2)
What exemptions or exceptions apply?
The Cabinet Resolution provides the following exemptions from the fines stipulated in the Resolution:
- An individual who has left the State and has been outside the State for more than 3 months, and their identity card has expired after the date of their departure from the State. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 4)
- An individual whose residence or identity card has expired after deportation by order, administrative resolution, or court ruling, or whose passport has been seized pending cases, provided that this is proven by a letter or receipt issued by the competent authorities. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 4)
- An individual who has not been issued an identity card for the period before obtaining the citizenship of the State and before obtaining the family book. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 4)
- The Chairman or their Authorized Representative may exempt all or some of the fines based on considerations of the humanitarian circumstance of the situation or any other reasons they deem appropriate. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 4)
Which authorities or bodies are responsible for enforcement?
The Cabinet Resolution designates the following authorities and bodies responsible for enforcement:
- The Federal Authority for Identity, Citizenship, Customs, and Port Security is responsible for collecting the fines mentioned in the Resolution in accordance with the collection mechanism, after coordination with the Minister of Finance. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 3)
- The Chairman of the Federal Authority for Identity, Citizenship, Customs, and Port Security is responsible for issuing the necessary resolutions to implement the Cabinet Resolution, including determining the time period and the mechanism by which the fines are to be applied. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 6)
When did this law come into effect?
The Cabinet Resolution came into force on the date of 03/10/2022, as stated in Article 8. (Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security, 2022, Art. 8)
Source Documents
This article analyses Cabinet Resolution Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.