Legislation Details
- Full Title: Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation
- Law Type: Federal Decree-Law
- Law Number: No. (97) of 2024
- Issued Date: 02 Sep 2024
- Effective Date: 16 Sep 2024
- Official Gazette: No. 783
- Sector: Security and Safety
- Status: Active
- Number of Articles: 40
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulation for the Federal Decree-Law on the Commodities Subject to the Non-Proliferation. The law regulates the circulation of strategic commodities, chemical substances, and armored vehicles in the UAE, with the aim of preventing the proliferation of weapons of mass destruction and protecting national security. The law imposes a permit system, with specific conditions and procedures for obtaining permits, as well as penalties for non-compliance. The legislation is important for businesses and individuals involved in the import, export, re-export, or brokerage of the regulated commodities in the UAE. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024)
What is the scope and purpose of this law?
The scope of this law is to regulate the circulation of strategic commodities, chemical substances, and armored vehicles in the UAE. The purpose is to prevent the proliferation of weapons of mass destruction and protect national security. The law applies to any circulation of the regulated commodities, including import, export, re-export, transshipment, in-transit shipping, transportation between ports, and brokerage. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 1, 2, 3)
What are the key definitions under this law?
The law provides the following key definitions:
- Decree-Law: The Federal Law by Decree No. (43) of 2021 On the Commodities subject to Non-Proliferation.
- Competent Entity: Executive Office for Control and Non-Proliferation (EOCN).
- Permit: An authorization issued by the competent entity indicating no objection to the circulation of any commodities listed in the schedule and covered by the provisions of the Decree-Law and this Resolution.
- End-User Certificate: A document issued by relevant authorities to verify the final owner or ultimate recipient of the commodities.
- Prohibition: The ban on the circulation of commodities and materials subject to the provisions of the Decree-Law.
- Restriction: Imposing conditions and controls governing the circulation of commodities or materials subject to the provisions of the Decree-Law.
- Strategic Commodities: Commodities with dual use in civil and military fields, or any other commodities that contribute to the proliferation of weapons of mass destruction.
- Chemical Substances: Substances with dual use in civil and military fields, or any other commodities or materials that contribute to the proliferation of weapons of mass destruction.
- Armoured Vehicles: Civilian vehicles designed to provide protection against attacks, bullets, and explosives.
- Beneficiary: The natural or legal person who submits a request to obtain a permit.
(Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law include: 1. The competent entity (EOCN) must issue a permit for the circulation of any commodities covered by the law. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 4, 6) 2. The beneficiary must register on the EOCN website, submit all required documents, and pay the prescribed fees to obtain a permit. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 4, 6) 3. The permit holder must use the permit only within the authorized scope, cannot assign or transfer it to others, and cannot engage in any circulation with an expired permit. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 10) 4. The permit holder must keep records of all circulation operations for at least 5 years and provide them to the competent entity upon request. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 12)
What licensing, registration, or approval requirements exist?
The law establishes the following licensing and approval requirements: 1. The beneficiary must be registered on the EOCN website and have a valid license to practice the relevant activity issued by the authorities in the UAE. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 4) 2. The beneficiary must obtain an authorization or permit from the relevant authorities in the recipient country if required by the recipient country's legislation. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 4) 3. The EOCN must issue a permit for the circulation of any commodities covered by the law, and the permit must be consistent with the beneficiary's licensed activity. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 4, 6)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this law are: 1. The Executive Office for Control and Non-Proliferation (EOCN): The competent entity responsible for issuing permits, inspecting commodities, and enforcing the law's provisions. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 1, 15) 2. The Weapons and Hazardous Substance Office: Coordinates with the EOCN to issue permits for the circulation of restricted and hazardous materials. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 13) 3. Judicial officers: Responsible for conducting inspections and verifying compliance with the law's requirements. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 15)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance. The text does not mention any imprisonment terms, fine amounts, or other penalties.
What fees, charges, or financial provisions are specified?
The legislation specifies the following financial provisions: 1. The beneficiary must pay the prescribed fees to obtain a permit. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 4, 9) 2. The beneficiary must pay the prescribed fees to renew a permit. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 9)
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions to its scope or requirements.
How are disputes resolved under this law?
The legislation provides for the following dispute resolution mechanism: 1. The beneficiary can appeal against decisions made by the competent entity (EOCN). (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 18) However, the law does not provide any further details on the appeal process or the authority responsible for resolving the disputes.
What are the key deadlines and time limits?
The key deadlines and time limits specified in the law are: 1. The EOCN must issue the permit within 20 working days from the date the complete application is submitted. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 6) 2. The permit term is a maximum of 60 days from the date of issuance. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 8) 3. The beneficiary must submit a renewal application within 5 days prior to the expiration of the permit. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 9) 4. The permit holder must keep records for a period of 5 years from the date of expiry of the permit. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024, Art. 12)
How does this law interact with other UAE legislation?
This law is related to the following UAE legislation: 1. Federal Decree-Law No. (43) of 2021 On Commodities subject to Non-Proliferation, which this Cabinet Resolution is issued to regulate. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024) 2. Cabinet Resolution No. (15) of 2021 on the Establishment of the Executive Office for Control and Non-Proliferation, which is the competent entity responsible for enforcing this law. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024)
When did this law come into effect?
This Cabinet Resolution was issued on 02 Sep 2024 and came into effect on 16 Sep 2024, the date it was published in the Official Gazette No. 783. (Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation, 2024)
Source Documents
This article analyses Cabinet Resolution Concerning the Executive Regulation for Federal Decree-Law on the Commodities Subject to the Non-Proliferation 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.