Legislation Details
- Full Title: Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State
- Law Type: Cabinet Resolution
- Law Number: 95 of 2021
- Issued Date: 27 Oct 2021
- Effective Date: 27 Oct 2021
- Official Gazette: No. 714
- Sector: Energy, Transport and Infrastructure
- Status: Active
- Number of Articles: 28
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the "National System for Tracking Trucks and Shipments" in the United Arab Emirates. The system aims to electronically track and monitor the movement of cargo and trucks transporting such cargo within the UAE, from the first point of entry to the final destination. The resolution outlines the system's objectives, the responsibilities of the Federal Authority for Identity, Citizenship, Customs and Port Security in implementing and overseeing the system, and the obligations of truck owners to register and install tracking devices. The resolution also provides for administrative penalties for non-compliance. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 1-14)
What is the scope and purpose of this law?
The provisions of this Cabinet Resolution apply to all transported shipments and transport trucks operating within the territorial boundaries of the UAE, as well as those transiting through the UAE, as determined by the Federal Authority for Identity, Citizenship, Customs and Port Security. The purpose of the National System for Tracking Trucks and Shipments is to support the security of the supply chain, enhance customs security, preserve public road safety, and detect customs and non-customs violations committed by trucks during their transit through the UAE. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 2, 4)
What are the key definitions under this law?
The Cabinet Resolution provides the following key definitions:
- State: The United Arab Emirates
- Authority: The Federal Authority for Identity, Citizenship, Customs and Port Security
- Chairman: Chairman of the Authority
- Government Entities: The federal or local ministries, authorities, public institutions, and companies wholly or partially owned by the federal or local government
- Local Customs Departments: The customs authorities of the local governments within the UAE
- Operating Company: The entity assigned by the Authority to finance, install, operate, and maintain the electronic system
- Truck: Any means of transport designed for the carriage of goods or other materials
- Shipments/Cargoes: Every natural substance, agricultural, animal, industrial, or intellectual product
- Truck Owner: Any natural or legal person who owns the truck
- The National System for Tracking Trucks and Shipments/System: A system for electronically tracking and monitoring cargo and trucks transporting such cargo by identifying their route from the first point of entry into the UAE to their final destination (within the UAE), in a real-time and continuous manner
(Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes the following key obligations: 1. It is prohibited to carry out land freight transport within the UAE, through its customs ports, or in transit across the UAE's ports without registration on the system and the installation of an electronic tracking device on the truck or shipment. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 3) 2. All truck owners must comply with the following requirements: (a) registration on the system, (b) installation of electronic tracking devices on the truck, and (c) periodic updating of their information. If the truck owner ceases trucking operations, they must notify the Authority. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 9) 3. The data submitted for registration or renewal on the system must be accurate and not misleading. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 9)
Which authorities or bodies are responsible for enforcement?
The Federal Authority for Identity, Citizenship, Customs and Port Security is responsible for establishing, implementing, monitoring, and supervising the National System for Tracking Trucks and Shipments. The Authority's key responsibilities include: 1. Developing unified legislation and policies for the implementation of the system. 2. Restructuring procedures among the Government Entities concerned with the system. 3. Proposing administrative penalties and violations related to the system. 4. Establishing an integrated federal central operations room linked to the Government Entities. 5. Determining the specifications of the electronic tracking devices. 6. Signing memoranda of understanding with the competent Government Entities. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 5)
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance. It states that the Cabinet may, based on a recommendation by the Chairman of the Federal Authority for Identity, Citizenship, Customs and Port Security and upon a proposal by the Minister of Finance, issue a resolution specifying the administrative violations and penalties applicable to any person who violates the provisions of this Resolution or the instructions or decisions issued in implementation thereof. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 11)
When did this law come into effect?
This Cabinet Resolution was issued on 27 October 2021 and entered into force three (3) months following the date of its publication in the Official Gazette, which was on 31 October 2021. (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Art. 14)
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following related UAE federal legislation: - Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended - Federal Law No. (9) of 2011 Regarding Land Transport, as amended - Federal Law No. (14) of 2016 Regarding the Administrative Violations and Penalties in the Federal Government - Federal Decree by Law No. (17) of 2019 Regarding Weapons, Ammunition, Explosives, Military Equipment and Hazardous Substances - Federal Decree by Law No. (20) of 2019 Regarding the Establishment of the Monitoring and Control Centre - Federal Decree by Law No. (26) of 2019 Regarding Public Finance - Federal Law No. (10) of 2020 Regarding Pesticides - Federal Decree by Law No. (14) of 2021 Regarding the Establishment of the Federal Authority for Identity, Citizenship, Customs and Port Security - Federal Decree No. (85) of 2007 Regarding the GCC Unified Customs Law - Federal Decree No. (10) of 2007 Regarding the GCC Pesticides Law "Regulations" (Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State, 2021, Preamble)
Source Documents
This article analyses Cabinet Resolution Regarding the National System for Tracking Trucks and Shipments in the State 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.