Legislation Details
- Full Title: Federal Decree-Law on the Goods Subject to Non-Proliferation
- Law Type: Federal Decree-Law
- Law Number: (43) of 2021
- Issued Date: 20 Sep 2021
- Effective Date: 02 Jan 2022
- Official Gazette: No. (ملحق) 712
- Sector: Security and Safety
- Status: Active
- Number of Articles: 83
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Decree-Law regulates the circulation of goods that are subject to non-proliferation controls in the United Arab Emirates. It aims to prohibit the illegal and unauthorized trade of goods that could be used in the production or development of weapons of mass destruction. The law imposes a permit system for the import, export, re-export, and other forms of circulation of these controlled goods, and establishes penalties for non-compliance. This legislation is crucial for businesses and individuals engaged in the trade of sensitive materials, as it helps the UAE fulfill its international obligations and maintain national security. (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021)
What is the scope and purpose of this law?
The scope of this Federal Decree-Law is to regulate the circulation of goods that are subject to non-proliferation controls within the entire territory of the UAE, including its free zones (Art. 2). The law aims to prohibit or restrict the circulation of goods that could be involved in the production or development of weapons of mass destruction, their associated technology, and means of delivery (Art. 1). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- State: The United Arab Emirates
- Competent Entity: The entity designated and regulated under a cabinet resolution based on the proposal of the Minister of Foreign Affairs and International Cooperation
- Entities Concerned: The federal or local entity having authority over the circulation of the goods subject to this Decree-Law
- Non-Proliferation: The prohibition of illegal and unauthorized circulation of goods involved in the production or development of weapons of mass destruction, associated technology, and means of delivery
- Goods/Item of Goods: The materials, systems, equipment, components, software or technology listed in the Goods Schedule
- Circulation of Goods: Import, export, re-export, trans-shipment, in-transit shipping, transportation between ports, or brokerage activities
- Permit: The prior authorization for circulating the goods subject to this Decree-Law
- Beneficiary: The natural or legal person who applies for the permit
- Weapons of Mass Destruction: Weapons capable of inflicting substantial harm upon a large group of people and threatening life and natural environment through their catastrophic effects
(Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. Obtaining a permit from the Competent Entity prior to circulating any goods subject to non-proliferation controls (Art. 3, 4, 5). 2. Complying with the conditions for permit issuance, such as ensuring the end-user has the necessary permissions and providing information on the goods' transit through multiple countries (Art. 4). 3. Restrictions on using the permit, including prohibitions on assignment or transfer to third parties without a new permit (Art. 6). 4. Prohibitions on circulating, transporting, delivering, or sharing documents/devices related to the controlled goods without a permit (Art. 9). 5. Restrictions on brokering, negotiating, or facilitating contracts related to the controlled goods (Art. 11). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 3-6, 9, 11)
What licensing, registration, or approval requirements exist?
The law establishes a permit system administered by the Competent Entity for the circulation of goods subject to non-proliferation controls (Art. 3, 4, 5). The permit must be obtained prior to any import, export, re-export, trans-shipment, in-transit shipping, transportation between ports, or brokerage activities involving the controlled goods (Art. 9). The law specifies conditions for permit issuance, including compatibility with the beneficiary's licensed activity and obtaining necessary permissions from the receiving country (Art. 4). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 3-5, 9)
What rights and protections does this law provide?
The law does not explicitly outline any specific rights or protections granted to individuals or businesses. However, it does provide for the ability to file grievances against decisions made by the Competent Entity within 7 working days, with the resolution on the grievance being final (Art. 8). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 8)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this law are: 1. The Competent Entity, which is designated and regulated by a Cabinet resolution based on the proposal of the Minister of Foreign Affairs and International Cooperation. The Competent Entity is responsible for issuing permits, revoking permits, and making other decisions under the law (Art. 3, 4, 7). 2. The Entities Concerned, which are the federal or local entities having authority over the circulation of the goods subject to this Decree-Law (Art. 1). 3. The judiciary police, who are empowered to enforce the law's provisions (Art. 23). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 1, 3, 4, 7, 23)
What are the penalties for non-compliance?
The law specifies the following penalties for non-compliance: 1. Administrative penalties and violations, the details of which are to be determined in the Executive Regulations (Art. 24). 2. Confiscation of the goods that are the subject of the violation (Art. 25). 3. Collection of a percentage of the proceeds from the confiscated goods, the details of which are to be determined in the Executive Regulations (Art. 26). The law does not provide the specific terms of imprisonment, fine amounts, or other penalties. (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 24-26)
What fees, charges, or financial provisions are specified?
The law states that fees may be imposed for the services provided under this Decree-Law, the details of which will be determined in the Executive Regulations (Art. 28). However, the legislation does not specify any exact fee amounts or other financial provisions. (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 28)
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. The sharing of information or documents related to the controlled goods is permitted if requested by judicial authorities in the UAE (Art. 10). 2. The sharing of information or documents to enable a foreign government to investigate or prosecute a foreign person for a crime related to the controlled goods is permitted, subject to certain conditions (Art. 10). 3. Acts carried out by a person holding a valid permit are excluded from the prohibitions on brokering, negotiating, or facilitating contracts related to the controlled goods (Art. 12). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 10, 12)
How are disputes resolved under this law?
The law allows for grievances to be filed against decisions made by the Competent Entity within 7 working days of becoming aware of the decision. The resolution issued on the grievance is final, and the grievant must be notified of it. Any action filed with the court to revoke the resolution can only be admitted after a grievance has been filed (Art. 8). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 8)
What are the key deadlines and time limits?
The key deadline specified in the law is the 7 working day time limit for filing a grievance against a decision made by the Competent Entity (Art. 8). The law does not mention any other specific deadlines or time limits. (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 8)
How does this law interact with other UAE legislation?
This Federal Decree-Law interacts with the following other UAE legislation: - Federal Law No. (1) of 1972 Regarding the Competences of the Ministries and the Powers of Ministers, as Amended - Federal Law No. (40) of 2006 on the Prohibition of Innovating, Producing, Storing, and Using Chemical Weapons, as Amended - Federal Law No. (13) of 2007 Concerning Goods Subject to Import and Export Control, as amended - Federal Law No. (14) of 2016 on Violations and Administrative Penalties in the Federal Government - Federal Decree-Law No (17) of 2019 on Arms, Ammunition, Explosives, Military Equipment and Hazardous Material - Federal Decree-Law No. (31) of 2021 Promulgating the Penal Code - Federal Decree No. (35) of 2008 On the Convention of 1971 on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021)
When did this law come into effect?
This Federal Decree-Law came into effect on 02 Jan 2022, the day following its publication in the Official Gazette No. (ملحق) 712 on 26 Sep 2021 (Art. 31). (Federal Decree-Law on the Goods Subject to Non-Proliferation, 2021, Art. 31)
Source Documents
This article analyses Federal Decree-Law on the Goods Subject to Non-Proliferation 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.