Legislation Details
- Full Title: Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines
- Law Type: Cabinet Resolution
- Law Number: No. (67) of 2021
- Issued Date: 01 Jul 2021
- Effective Date: 02 Jul 2021
- Official Gazette: No. 706
- Sector: Healthcare
- Status: Active
- Number of Articles: 22
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution prohibits certain activities related to COVID-19 vaccines in the United Arab Emirates without the requisite license or approval from the Competent Authorities. It aims to regulate the import, export, sale, distribution, and manufacturing of COVID-19 vaccines to ensure their proper control and prevent any unauthorized activities. The Resolution empowers the Competent Authorities to monitor compliance, impose administrative penalties, and take necessary enforcement actions against violators. This law is crucial for businesses and individuals involved in the COVID-19 vaccine supply chain, as it establishes a clear legal framework to govern their activities and prevent any unlawful practices. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 1-9)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to prohibit certain activities related to COVID-19 vaccines in the United Arab Emirates without the requisite license or approval from the Competent Authorities. It applies to both natural and legal persons and regulates the import, export, re-export, sale, offer for sale, trade, marketing, storage, distribution, transshipment, transportation, manufacture, and purchase of raw materials for the production of COVID-19 vaccines. The purpose is to ensure the proper control and oversight of COVID-19 vaccines within the UAE to prevent any unauthorized activities. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 2)
What are the key definitions under this law?
The key definitions under this Cabinet Resolution are:
- The State: United Arab Emirates (UAE)
- Attorney General: Attorney General of the Federation
- Competent Prosecution: Emergency, Crisis and Disasters Prosecution
- Competent Authorities: Federal and local government entities concerned with health, economy, and emergency, crisis and disasters management
- COVID-19 Vaccines: Vaccines for the SARS-CoV-2 virus, that aims to provide immunity against COVID-19 and to stimulate the immune system to fight the virus without causing infection and licensed for emergency use
(Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Cabinet Resolution are: 1. It is prohibited for any natural or legal person to engage in the import, export, re-export, sale, offer for sale, trade, marketing, storage, distribution, transshipment, or transportation of COVID-19 vaccines into the UAE for transit purposes without the requisite license or approval from the Competent Authorities. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 2(1)(a)) 2. It is prohibited to participate in any manner or perform any action that facilitates the conclusion of contracts or transactions related to the prohibited activities mentioned above. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 2(1)(b)) 3. It is prohibited to manufacture or purchase raw materials for the purpose of producing COVID-19 vaccines, as well as production processes including preparation, formulation, derivation, packaging, or repackaging, without the requisite license or approval. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 2(1)(c))
Which authorities or bodies are responsible for enforcement?
The Competent Authorities within the UAE, within their respective areas of competence, are responsible for monitoring compliance with the provisions of this Cabinet Resolution. Their personnel, holding the status of judicial enforcement officers, are authorized to detect violations and prepare reports documenting any incidents that contravene the provisions of this Resolution. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 3(1)) Additionally, the Attorney General, or whomever they delegate, has the competence to conduct investigations and impose the administrative penalties prescribed for the violations set forth in this Resolution. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 4(3))
What are the penalties for non-compliance?
The penalties for non-compliance with the provisions of this Cabinet Resolution are: 1. An administrative fine of not less than AED 100,000 and not exceeding AED 1,000,000 shall be imposed on whoever commits a violation of the prohibited activities. In case of recidivism, the administrative fine shall be doubled, provided that its value shall not exceed AED 2,000,000. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 4(1)) 2. The violator may be required to rectify the causes of the violation and remedy the resulting damage. If the violator fails to comply, the Competent Authority shall take the necessary remedial actions and hold the violator liable for the cost of such measures, in addition to 25% of the total costs as administrative and supervisory fees. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 4(2)(1)) 3. The violating establishment may be closed for a period not exceeding 6 months, subject to extension. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 4(2)(2))
How are disputes resolved under this law?
A violator may submit a grievance against the administrative penalty imposed upon them within 15 days from the date of notification of the violation. The grievance shall be submitted with justification to the Attorney General. The Competent Prosecution shall review such grievance and issue a justified decision involving any of the following actions: 1. Dismissal of the grievance; 2. Reduction of the challenged administrative penalty; or 3. Revocation of the challenged administrative penalty. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 7)
When did this law come into effect?
This Cabinet Resolution shall be published in the Official Gazette and shall enter into force on the day following the date of its publication, which was 15 July 2021. (Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines, 2021, Art. 9)
Source Documents
This article analyses Cabinet Resolution Regarding the Prohibition of Practicing Certain Activities Related to COVID-19 Vaccines 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.