Legislation Details
- Full Title: Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones
- Law Type: Cabinet Resolution
- Law Number: 63 of 2023
- Issued Date: 12 Jun 2023
- Effective Date: 16 Sep 2023
- Official Gazette: No. 753
- Sector: Security and Safety
- Status: Active
- Number of Articles: 75
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the security of ports, borders, and free zones in the United Arab Emirates. Its purpose is to establish a comprehensive framework for securing these critical infrastructure assets and ensuring the safety of people, goods, and transportation moving through them. The Resolution empowers the Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP) to develop and enforce security programs, plans, and compliance requirements for all relevant authorities operating at ports, borders, and free zones. This aims to enhance the UAE's overall security posture and resilience against potential threats. The practical impact is that businesses and individuals engaged in cross-border trade, travel, and operations will be subject to heightened security measures and oversight to safeguard national interests. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 1-2)
What is the scope and purpose of this law?
The Resolution applies to all ports, borders, and free zones in the UAE. Its purpose is to establish a comprehensive framework for securing these critical infrastructure assets and ensuring the safety of people, goods, and transportation moving through them. The ICP is empowered to develop and enforce security programs, plans, and compliance requirements for all relevant authorities operating in these areas. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: United Arab Emirates
- Authority (ICP): Federal Authority for Identity, Citizenship, Customs and Ports Security
- Chairman: Chairman of the ICP Authority
- Director General: Director General of the ICP Authority
- Concerned Authorities: Any ministry, department, federal or local government entity, institutions, operational authorities, or private sector companies operating at ports, borders, free zones, and crossing points to and from the UAE
- Competent Authority: Ministry of Energy and Infrastructure
- Ports: UAE official land, air, and sea ports, in addition to creeks, fishing and private ports
- Borders: The borders separating the land areas and territories of the UAE and the land areas and territories of neighbouring countries
- Free Zones: Free zones established in any of the Emirates of the UAE
- Security Programs: A set of policies, procedures, standards, requirements, or guides issued by ICP, in addition to compliance inspections
- Security Plan: A document prepared, implemented and continuously updated by the Relevant Authorities at ports, borders and free zones
- Code: The International Ship and Port Facility Security Code (ISPS Code)
- Compliant Ports: Ports subject to the ISPS Code and for which an international compliance statement has been issued
- Non-Compliant Ports: Ports that do not have an international compliance statement and are licensed by the ICP Authority
- Statement of Compliance: The written document that includes the port's commitment to the ISPS Code, issued by the UAE Competent Authority
- License: A permit issued by the ICP Authority concerning issuing or renewing a licence for ports
- Supervision: All security inspection and testing work, review, examination, assessment, monitoring, follow-up, analysis, surveying, and data collection within the ICP's jurisdiction
- Compliance Inspection/Inspection: A comprehensive process to assess compliance with security plans, standards and requirements
- Risk and Threat Record: A record created by the ICP Authority showing risks and threats that ports or free zones may face
- Working Day(s): Official working days in the UAE
(Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 1)
What are the main obligations and requirements?
The Resolution imposes the following key obligations: 1. The Concerned Authorities must apply the security and safety standards, requirements and procedures contained in the Resolution, the approved Security Programs, and relevant legislation. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 4(1)) 2. The Concerned Authorities must provide the ICP Authority with development notes for Security Assessments and improvements to approved Security Programs. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 4(1)) 3. The Concerned Authorities must establish their own regulations, systems and plans to achieve their own security, in a manner consistent with the Resolution and ICP Authority's requirements. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 4(3)) 4. The Concerned Authorities must provide all data and information requested by the ICP Authority, including statistics on the movement of people, vehicles, goods, shipments, and means of transportation. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 5)
What licensing, registration, or approval requirements exist?
The Resolution establishes the following licensing and approval requirements: 1. The ICP Authority is responsible for issuing and renewing licenses for the establishment of ports and free zones in the UAE. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 16-17) 2. The ICP Authority is responsible for issuing and renewing the International Statement of Compliance for port facilities that are subject to the ISPS Code. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 18-19) 3. Licenses issued by the ICP Authority have a defined term, and the Authority is responsible for monitoring and inspecting compliance with license conditions. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 20-23)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP): The ICP is empowered to develop and enforce security programs, plans, and compliance requirements for all relevant authorities operating at ports, borders, and free zones. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 3) 2. The Chairman of the ICP Authority: The Chairman has specific powers under the Resolution, including the ability to issue orders to correct violations and amend administrative fines. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 32-33) 3. Committees or work teams: The Chairman may form committees or work teams to investigate facts, inspect security gaps, or identify opportunities for improvement at ports, borders or free zones. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 6(3))
What are the penalties for non-compliance?
The Resolution specifies the following penalties for non-compliance: 1. The ICP Authority may issue orders to the Concerned Authorities to correct violations in normal circumstances. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 27) 2. The ICP Authority may issue orders to the Concerned Authorities to correct immediate violations. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 28) 3. The ICP Authority may impose administrative penalties, including fines, on the Concerned Authorities for non-compliance. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 30-34) 4. The Resolution does not specify any other penalties such as imprisonment or business closure. The legislation does not provide further details on the amounts of administrative fines that may be imposed. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 30-34)
When did this law come into effect?
The Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones was issued on 12 June 2023 and came into effect on 16 September 2023, as per the Effective Date specified in the legislation. (Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones, 2023, Art. 36)
Source Documents
This article analyses Cabinet Resolution Concerning the Security of Ports, Borders and Free Zones 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.