Legislation Details
- Full Title: Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin
- Law Type: Federal Law
- Law Number: 43 of 2022
- Issued Date: 28 Apr 2022
- Effective Date: 12 Jun 2022
- Official Gazette: No. 727
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 45
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution provides the executive regulation for Federal Law No. (11) of 2019 on the Rules and Certificates of Origin. It establishes the rules and procedures for determining the country of origin of commodities imported into or exported from the UAE, including the issuance of preferential and non-preferential certificates of origin. The Resolution aims to streamline the certification process and ensure compliance with international trade agreements. It is relevant for businesses engaged in import, export, and trade activities in the UAE. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1-18)
What is the scope and purpose of this law?
The scope of this Resolution is to provide the executive regulation for Federal Law No. (11) of 2019 on the Rules and Certificates of Origin. It applies to the determination of the country of origin for commodities imported into or exported from the UAE, as well as the issuance of preferential and non-preferential certificates of origin. The purpose is to establish the standards, controls, and procedures for proving the origin of goods in order to facilitate trade and comply with international agreements. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1-6)
What are the key definitions under this law?
- Competent Authorities: The Ministry of Industry and Advanced Technology and the local authorities concerned with industrial affairs in the UAE. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1)
- ICP: The Federal Authority for Identity, Citizenship, Customs and Ports Security. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1)
- Electronic System of Certificates of Origin: The automated information system used to submit, process, and issue certificates of origin. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1)
- Law: Federal Law No. (11) of 2019 on the Rules and Certificates of Origin. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Resolution include:
- Exporters or their representatives must register in the electronic system for issuing certificates of origin and provide required data and documents. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7, 8)
- Exporters or their representatives must apply for the issuance of preferential or non-preferential certificates of origin through the electronic system. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7, 8)
- The Ministry must verify the data and documents submitted for certificate of origin applications and either approve, refuse, or request additional information. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7, 8)
- Certificates of origin must include an electronic link or QR code to verify authenticity. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7, 8)
What licensing, registration, or approval requirements exist?
The Resolution requires exporters or their representatives to register in the electronic system for issuing certificates of origin. The registration process involves providing data on the company, activity, capital, employees, production inputs and quantities, origin of production inputs, products, production and sales, and any other data specified by the Ministry. Exporters must also attach their company license and site map during the registration process. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7)
What rights and protections does this law provide?
The Resolution does not explicitly outline any specific rights or protections granted to individuals or businesses. It focuses on establishing the rules, standards, and procedures for determining the country of origin and issuing certificates of origin. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1-18)
Which authorities or bodies are responsible for enforcement?
The key authorities responsible for enforcement under this Resolution are:
- The Ministry of Industry and Advanced Technology, which is responsible for issuing preferential and non-preferential certificates of origin for national commodities. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7, 8)
- The Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP), which is referenced in the definitions. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1)
- The local authorities concerned with industrial affairs in the UAE, which are considered "Competent Authorities" along with the Ministry. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1)
What are the penalties for non-compliance?
The Resolution does not specify any penalties for non-compliance. It focuses on establishing the rules, standards, and procedures for determining the country of origin and issuing certificates of origin, without outlining enforcement mechanisms or sanctions. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1-18)
What fees, charges, or financial provisions are specified?
The Resolution states that the exporter or their representative must pay the due fee when applying for the issuance of a preferential or non-preferential certificate of origin. However, it does not specify the amount of these fees. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 7, 8)
What exemptions or exceptions apply?
The Resolution provides the following exemptions from submitting proof of origin for commodities imported into the UAE:
- Commodities imported under preferential trade agreements, as determined by the provisions of those agreements. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 6)
- Certain categories of goods, such as small parcels, personal effects, advertising material, samples, and others, on the basis that they are not imported for commercial purposes. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 6)
How are disputes resolved under this law?
The Resolution does not specify any dispute resolution mechanisms or procedures. It focuses on the administrative process of issuing certificates of origin and determining the country of origin, without addressing how any potential disputes would be handled. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1-18)
What are the key deadlines and time limits?
The Resolution does not outline any specific deadlines or time limits. It describes the procedures for applying for and issuing certificates of origin, but does not provide any timelines or deadlines for these processes. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Art. 1-18)
How does this law interact with other UAE legislation?
This Resolution is issued in relation to and provides the executive regulation for Federal Law No. (11) of 2019 on the Rules and Certificates of Origin. It also references the following related legislation:
- Federal Law No. (1) of 1972 Concerning the Jurisdictions of Ministries and the Powers of Ministers
- Federal Decree-Law No. (14) of 2021 Establishing the Federal Authority for Identity, Nationality, Customs and Ports Security
- Federal Decree No. (33) of 2010 Concerning the State's Accession to the Amended Kyoto Accord on the Simplification and Harmonisation of Customs Procedures
- Federal Decree No. (15) of 2022 Ratifying the Unified Customs Law for the GCC Countries, and its Executive Regulations
(Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 12 June 2022, as stated in the "Effective Date" section of the legislation details. It was published in the Official Gazette No. 727 on 13 May 2022. (Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin, Legislation Details)
Source Documents
This article analyses Cabinet Resolution of 2022 Concerning the Executive Regulation of Federal Law of 2019 Concerning the Rules and Certificates of Origin 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.