Legislation Overview
- Title: Federal Law on Anti-Dumping and Countervailing and Preventive Measures - Type: Federal Law - Issued Date: 16 Apr 2017 - Effective Date: 28 Apr 2017 - Sector: Economy and Business - Number of Articles: 47 - Current Status: Active
Summary
This federal law establishes the legal framework for the UAE to take measures against harmful trade practices such as dumping, subsidies, and surges in imports. It outlines the procedures for filing complaints, conducting investigations, and imposing anti-dumping, countervailing, and preventive duties or restrictions. The law aims to protect the national and Gulf Cooperation Council (GCC) industries from injury caused by these unfair trade practices. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Arts. 1-47) The law applies to imports from non-GCC countries and is aligned with the UAE's obligations under the World Trade Organization (WTO) agreements. It grants the Ministry of Economy the authority to receive complaints, initiate investigations, and recommend the imposition of trade remedies to the Minister. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Arts. 3, 8)
What is the scope and purpose of this law?
The law applies to "harmful practices in international trade imported from non-GCC states, and in conformity with WTO Conventions." (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 2) Its purpose is to provide a legal framework for the UAE to take measures against dumping, subsidies, and surges in imports that cause or threaten to cause injury to the national or GCC industry. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 5)
What are the key definitions?
The law provides definitions for key terms, including: - "Dumping": Exporting a product to the UAE at a price less than its ordinary value in the exporting country. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 1) - "Subsidy": A financial contribution or other form of subsidy provided by the government of the exporting country that benefits the recipient. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 1) - "Excess in imports": Importing a product in quantities that are absolute or relative to national or GCC production, causing or threatening to cause serious injury. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 1) - "National industry" and "GCC industry": The domestic producers of the like product or those whose production constitutes a substantial portion of the total national or GCC production. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. The national industry or its representative may file a complaint against harmful trade practices with the Ministry of Economy. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 3) 2. The Ministry may also initiate investigations without a complaint if it has sufficient evidence of harmful trade practices. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 3) 3. Investigations must be completed within 12 months, with a possible 6-month extension. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 4) 4. Measures can be imposed if there is evidence of dumping, subsidies, or surges in imports causing or threatening injury to the national or GCC industry. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 5)
What are the rights and protections?
The law does not explicitly outline any specific rights or protections granted to parties. However, it does require the Ministry to maintain the confidentiality of information provided by interested parties during investigations. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Art. 10)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It focuses on the procedures for investigating and imposing trade remedies rather than enforcement mechanisms.
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including those related to industry affairs, competition, customs, and electronic transactions. (Federal Law on Anti-Dumping and Countervailing and Preventive Measures, 2017, Preamble) It also cites various federal decrees related to the UAE's membership in the WTO and the GCC Common Customs Law.
When did this law come into effect and what are the transitional provisions?
This law came into effect on 28 April 2017, as stated in Article 2. The legislation does not include any specific transitional provisions.
Source Documents
This article analyses Federal Law on Anti-Dumping and Countervailing and Preventive Measures 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.