Legislation Details
- Full Title: Federal Law on Combating Tobacco
- Law Type: Federal Law
- Law Number: Federal Law No. (15) of 2009
- Issued Date: 22 Dec 2009
- Effective Date: 31 Dec 2009
- Official Gazette: No. 502
- Sector: Healthcare
- Status: Active
- Number of Articles: 45
- Chapters/Parts: 0
- Amendments: 1
Summary
The Federal Law on Combating Tobacco regulates the import, trade, advertising, and use of tobacco and tobacco products within the United Arab Emirates. The law aims to protect public health by restricting access to tobacco, limiting exposure to secondhand smoke, and discouraging tobacco consumption. It imposes various obligations on individuals and businesses, as well as establishes penalties for non-compliance. This law is significant for businesses operating in the UAE, as it sets clear guidelines for the sale, marketing, and use of tobacco products. It also impacts individuals by restricting smoking in public areas and prohibiting the sale of tobacco to minors. (Federal Law on Combating Tobacco, 2009, Art. 1-22)
What is the scope and purpose of this law?
The Federal Law on Combating Tobacco applies throughout the United Arab Emirates. It regulates the import, trade, advertising, and use of tobacco and tobacco products in the country. The law's primary purpose is to protect public health by restricting access to tobacco, limiting exposure to secondhand smoke, and discouraging tobacco consumption. (Federal Law on Combating Tobacco, 2009, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- UAE: The United Arab Emirates
- Minister: The Minister of Health
- Competent Authority: The local authority in the concerned Emirate
- Tobacco: The tobacco plant of all kinds, factions, and its parts from the roots, stems, leaves, fruits, and green or dried seeds
- Tobacco Products: Products that consist wholly or partly of tobacco leaf as raw material, whether whole or chopped or diced and whether in their natural state or mixed with other materials or formed in any form
- Tobacco Use: The different kinds of tobacco use by smoking, chewing, inhalation, absorption, or any other way
- Advertising and promotion: The definition of the tobacco plant and its products using any print and audio-visual media directly or indirectly to encourage trading and increase the number of users
- Public Area: A place designated to receive the public or a certain category of people for any purpose
- Enclosed Public Areas: A public area that has the form of a building and is enclosed, allowing air to enter through specifically designated locations only. Public transport vehicles are deemed to be enclosed public areas.
- Public Transportations: Buses, vehicles, trains, planes, ships, boats, and any other way dedicated for public transport
(Federal Law on Combating Tobacco, 2009, Art. 1)
What are the main obligations and requirements?
The Federal Law on Combating Tobacco imposes the following key obligations: 1. It is prohibited to bring tobacco and its products into the UAE or trade them inside the UAE unless they meet the standard specifications of the UAE. (Federal Law on Combating Tobacco, 2009, Art. 2) 2. The packaging of tobacco or tobacco products must clearly contain phrases, images, and cautionary statements as determined by the Executive Regulations. (Federal Law on Combating Tobacco, 2009, Art. 3) 3. It is prohibited to advertise, promote, or sponsor any tobacco products in a way that encourages their use. (Federal Law on Combating Tobacco, 2009, Art. 4) 4. It is prohibited to plant tobacco for commercial purposes and manufacture its products within the UAE, except as authorized by the Cabinet. (Federal Law on Combating Tobacco, 2009, Art. 5) 5. Tobacco products may only be displayed and sold in designated areas licensed by the Competent Authority. (Federal Law on Combating Tobacco, 2009, Art. 6)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for individuals or businesses. However, it does state that the Cabinet may issue a resolution authorizing the planting and manufacturing of tobacco, its products, and related industries within the UAE, based on a proposal by the Minister of Health and Prevention and after coordination with other relevant authorities. (Federal Law on Combating Tobacco, 2009, Art. 5)
What rights and protections does this law provide?
The Federal Law on Combating Tobacco does not explicitly grant any specific rights or protections to individuals or businesses. The law is focused on regulating the import, trade, advertising, and use of tobacco and tobacco products to protect public health. (Federal Law on Combating Tobacco, 2009, Art. 1-22)
Which authorities or bodies are responsible for enforcement?
The law establishes the following authorities and bodies responsible for enforcement: 1. The Minister of Health is responsible for proposing the authorization of tobacco planting and manufacturing within the UAE. (Federal Law on Combating Tobacco, 2009, Art. 5) 2. The Competent Authority in each Emirate is responsible for determining designated areas for the display and sale of tobacco products, as well as special smoking areas in certain public places. (Federal Law on Combating Tobacco, 2009, Art. 6-8) 3. The National Committee for Anti-Tobacco is established by a decision of the Council of Ministers to oversee the implementation of the law. (Federal Law on Combating Tobacco, 2009, Art. 12) 4. The Minister of Justice, in agreement with the Minister of Health and in coordination with the Competent Authority, is responsible for issuing a decision determining the staff who shall have the status of judicial officers to prove violations of the law. (Federal Law on Combating Tobacco, 2009, Art. 19)
What are the penalties for non-compliance?
The Federal Law on Combating Tobacco imposes the following penalties for non-compliance: 1. Violation of Articles 2, 5(1), 5(3), and 9 is punishable by imprisonment for not less than 1 year and a fine of not less than AED 100,000 and not exceeding AED 1,000,000, or either of these two penalties. In case of repeat offenses, the penalty is imprisonment for not less than 2 years and a fine of not less than AED 1,000,000. (Federal Law on Combating Tobacco, 2009, Art. 13) 2. Violation of Articles 3 and 4 is punishable by a fine of not less than AED 100,000 and not exceeding AED 1,000,000. The penalty may be doubled in case of repeat offenses. (Federal Law on Combating Tobacco, 2009, Art. 14) 3. Failure to comply with the order of the Competent Authority under Article 10 is punishable by a fine of not less than AED 50,000 and not exceeding AED 200,000. In case of repeat offenses, the penalty is imprisonment for not more than 1 year and a fine of not less than AED 200,000. (Federal Law on Combating Tobacco, 2009, Art. 15) 4. Other contraventions of the law are subject to an immediate fine of AED 500 for reconciliation, or a fine of not less than AED 3,000 and not more than AED 10,000 if referred to the criminal court. The penalty is multiplied for multiple contraventions. (Federal Law on Combating Tobacco, 2009, Art. 16)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or other financial provisions, except for the penalties mentioned in the previous section. (Federal Law on Combating Tobacco, 2009, Art. 13-16)
What exemptions or exceptions apply?
The law provides the following exemptions and exceptions: 1. The Cabinet may issue a resolution authorizing the planting and manufacturing of tobacco, its products, and related industries inside the UAE, based on a proposal by the Minister of Health and Prevention and after coordination with other relevant authorities. (Federal Law on Combating Tobacco, 2009, Art. 5) 2. The Competent Authority may designate special smoking areas in public areas, with the exception of religious areas, educational institutions, and health and sports corporations. (Federal Law on Combating Tobacco, 2009, Art. 7)
How are disputes resolved under this law?
The Federal Law on Combating Tobacco does not specify any dispute resolution mechanisms. The law is focused on establishing prohibitions, obligations, and penalties, and does not address how disputes related to its implementation would be resolved. (Federal Law on Combating Tobacco, 2009, Art. 1-22)
What are the key deadlines and time limits?
The law includes the following key deadlines and time limits: 1. The currently existing tobacco farms and factories must adjust their positions within the period prescribed by the Executive Regulations. (Federal Law on Combating Tobacco, 2009, Art. 5) 2. Cafes or similar establishments that provide tobacco or tobacco products and are located inside residential buildings or within or adjacent to residential areas must adjust their positions within 2 years from the date of implementation of the law by changing their activity or transferring to another area. (Federal Law on Combating Tobacco, 2009, Art. 11)
How does this law interact with other UAE legislation?
The Federal Law on Combating Tobacco references the following related UAE legislation: - Federal Law No. (1) of 1972 regarding the Jurisdictions of Ministries and Powers of Ministers - Federal Law No. (1) of 1979 regarding Regulation of Industries - Federal Law No. (4) of 1979 regarding Combating Fraudulence and Cheating in Commercial Transactions - Federal Law No. (11) of 1981 regarding the imposition of federal customs tax on imports of Tobacco and its products - The Penal Code promulgated by Federal Law No. (3) of 1987 - The Penal Procedure Law promulgated by Federal Law No. (35) of 1992 - Federal Law No. (24) of 1999 concerning the protection and development of the environment - Federal Law No. (28) of 2001 concerning Emirates Authority for Standardization and Metro-Establishing - Federal Law No. (1) of 2003 concerning the establishment of the Federal Customs Authority - Federal Law No. (8) of 2004 concerning the establishment of Financial Free Zones - Federal Law No. (24) of 2006 concerning Consumer Protection - Federal Law No. (7) of 1993 regarding the establishment of the Environment Federal Authority - Federal Law No. (14) of 1995 concerning fighting narcotics & psychotropic substances - Federal Law No. (20) of 1995 regarding the medicines & preparations extracted from natural sources (Federal Law on Combating Tobacco, 2009, Preamble)
When did this law come into effect?
The Federal Law on Combating Tobacco was issued on 22 December 2009 and came into effect on 31 December 2009, the day following the date of its publication in the Official Gazette. (Federal Law on Combating Tobacco, 2009, Art. 22)
Source Documents
This article analyses Federal Law on Combating Tobacco 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.