Legislation Details
- Full Title: Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry
- Law Type: Federal Decree-Law
- Law Number: No. (78) of 2023
- Issued Date: 10 Jul 2023
- Effective Date: 31 Oct 2023
- Official Gazette: No. 756
- Sector: Industry and Technical Standardisation
- Status: Active
- Number of Articles: 43
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for the Federal Decree-Law Concerning the Regulation and Development of Industry. It outlines the controls and procedures for industrial establishments, including registration in the Industrial Registry, obtaining an Industrial Production License, and the rights and obligations of industrial entities. The resolution aims to support the growth and development of the industrial sector in the UAE. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023) The regulations provided in this resolution are crucial for businesses operating in the UAE's industrial sector, as they define the legal framework, licensing requirements, and data reporting obligations. Compliance with these provisions is necessary for industrial establishments to benefit from the privileges and exemptions specified by the Cabinet. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish the executive regulations for the Federal Decree-Law Concerning the Regulation and Development of Industry. It applies to all industrial establishments in the UAE that meet the criteria outlined in Article 2, which include having a specific location for industrial activity, the primary purpose of converting raw materials or semi-manufactured products, and the use of mechanical power for manufacturing operations. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 2) The purpose of this resolution is to regulate and support the development of the industrial sector in the UAE. It does so by setting the controls and procedures for industrial establishments, including registration, licensing, data reporting, and the rights and obligations of industrial entities. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023)
What are the key definitions under this law?
The key definitions provided in this resolution are:
- Industrial Production License: A document issued by the Ministry for the purposes of granting the industrial establishment the privileges and exemptions specified by the Cabinet. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 1)
- Commercial Registry: The registry established at the competent authority pursuant to Federal Decree-Law No. (37) of 2021, which includes all the data stipulated in the above-mentioned Decree-Law and Cabinet Resolution No. (107) of 2022. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 1)
- Economic Registry: The registry established at the Ministry of Economy pursuant to Federal Decree-Law No. (37) of 2021, which includes all the data stipulated in the above-mentioned Decree-Law and Cabinet Resolution No. (107) of 2022. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 1)
- Decree-Law: The Federal Decree-Law No. (25) of 2022 Regarding the Regulation and Development of Industry. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this resolution include: 1. Industrial establishments must have a specific location for carrying out industrial activity in the UAE. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 2) 2. The primary purpose of the industrial establishment must be the conversion of raw materials or semi-manufactured products. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 2) 3. The activity practiced by the establishment must be an industrial activity in accordance with the International Standard Industrial Classification of Economic Activities. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 2) 4. All or most of the manufacturing operations must be carried out by mechanical power. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 2) 5. Industrial establishments must provide the Ministry with the data and information specified in Article 3, Clause 2 of this resolution. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 3)
What licensing, registration, or approval requirements exist?
The key licensing and registration requirements under this resolution are: 1. Industrial establishments must obtain an Industrial Production License from the Ministry. The Ministry will issue this license if the establishment has the required approval or license from the licensing authority, meets the controls in Article 8, and is categorized as an establishment that fulfills the objectives of the country's industrial strategies. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 8) 2. The data and information related to industrial establishments, including the Industrial Production License number and issuance date, must be recorded in the Industrial Registry. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 3) 3. The Industrial Production License must be renewed 30 days prior to its expiry date, after fulfilling the requirements of the licensing authority and concerned authorities. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 10)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this resolution are: 1. The Ministry of Industry and Advanced Technology is responsible for issuing Industrial Production Licenses, maintaining the Industrial Registry, and enforcing the provisions of this resolution. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 8-11) 2. The licensing authorities and other concerned authorities are responsible for sharing data and information related to industrial establishments with the Ministry, as well as electronically linking and sharing this data with the Industrial Registry. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 3-4)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution.
What fees, charges, or financial provisions are specified?
The legislation specifies the following financial provisions: 1. Industrial establishments must pay a prescribed fee to obtain the Industrial Production License. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 9) 2. Industrial establishments must pay a prescribed fee to renew the Industrial Production License. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 10)
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions to the provisions of this Cabinet Resolution.
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this Cabinet Resolution.
What are the key deadlines and time limits?
The key deadlines and time limits specified in this resolution are: 1. The licensing authority and concerned authorities must share data and information with the Ministry within 3 business days in the event of any technical challenges. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 4) 2. The Ministry must decide on an application to obtain an extract from the Industrial Registry within 2 business days. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 6) 3. The Ministry must study an application for access to the Industrial Registry contents and issue its decision within 3 business days. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 7) 4. The Ministry must study an application for an Industrial Production License and issue its decision within 3 business days of the completion of the requirements. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 9) 5. The Industrial Production License must be renewed 30 days prior to its expiry date. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023, Art. 10)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued in relation to the following UAE legislation: - Federal Law No. (1) of 1972 Concerning the Ministers Jurisdictions and Authorities - Federal Decree-Law No. (37) of 2021 Concerning the Commercial Registry - Federal Decree-Law No. (25) of 2022 Concerning the Regulation and Development of Industry - Cabinet Resolution No. (107) of 2022 on issuing the Executive Regulations of Federal Decree-Law No. (37) of 2021 Concerning the Commercial Registry (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023)
When did this law come into effect?
This Cabinet Resolution comes into effect on 31 October 2023, as specified in the "Effective Date" section. (Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry, 2023)
Source Documents
This article analyses Cabinet Resolution on Issuing the Executive Regulations of the Federal Decree-Law Concerning the Regulation and Development of Industry 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.