Legislation Details
- Full Title: Federal Law on The Administrative Violations and Penalties in the Federal Government
- Law Type: Federal Law
- Law Number: Federal Law No. (14) of 2016
- Issued Date: 16 Oct 2016
- Effective Date: 31 Oct 2016
- Official Gazette: No. 606
- Sector: Government Affairs
- Status: Active
- Number of Articles: 15
- Chapters/Parts: 0
- Amendments: 0
Summary
This Federal Law regulates administrative violations and penalties in the UAE federal government. It empowers the Cabinet to impose various administrative penalties, including fines, closures, and license revocations, on individuals and establishments that commit administrative violations. The law aims to strengthen administrative oversight and ensure compliance with federal legislation across the UAE's government agencies. It is an important law for businesses and individuals interacting with the federal government, as non-compliance can result in significant penalties. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 1-7)
What is the scope and purpose of this law?
The law applies to administrative violations, with the exception of those related to human resources in the federal government. Its purpose is to regulate the imposition of administrative penalties by the Cabinet on persons or establishments that commit administrative violations, which are defined as any act or omission that violates federal legislation in the UAE. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 2)
What are the key definitions under this law?
The law provides the following key definitions:
- State/UAE: The United Arab Emirates
- Federal Agencies: The ministries and other public organizations, authorities and federal government bodies
- Administrative Regulations: The executive resolutions and regulations, codes and administrative control regulations issued by the Cabinet
- Administrative Violation: Any act or omission that may constitute a violation of the federal legislation applicable in the State
- Administrative Penalties: Any administrative penalty prescribed under the provisions of Article (3)
- Establishment: Any enterprise or company which engages in any business, service, professional, labor, agriculture or other activity as well as the cooperative associations and civil society associations and organizations of public utility
(Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 1)
What are the main obligations and requirements?
The law does not directly impose any obligations or requirements on individuals or establishments. Instead, it empowers the Cabinet to impose administrative penalties on persons or establishments that commit administrative violations. The law requires the Cabinet to approve the administrative penalties in accordance with certain controls, such as: 1. The administrative regulations must include provisions on administrative violations and penalties. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 4) 2. The administrative regulations must determine the federal agencies responsible for applying the penalties and the procedures for execution. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 4) 3. The penalties must be proportionate to the seriousness of the administrative violations. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 4)
What are the penalties for non-compliance?
The law empowers the Cabinet to impose one or more of the following administrative penalties on persons or establishments that commit administrative violations: 1. Serving a notice 2. Administrative fine of not less than AED 100 and not exceeding AED 1,000,000 3. Imposing twice the value of the administrative fine in case of a repeated violation, provided that the fine does not exceed AED 2,000,000 4. Imposing administrative attachment on the violator's property for up to six months, renewable once 5. Administrative closure of the violating establishment for up to six months, renewable 6. Revoking licenses and approvals issued by federal agencies 7. Administrative banishment of a foreign violator 8. Requiring the violator to cover the expenses of removing or rectifying the damage caused by the violation (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 3)
How does this law interact with other UAE legislation?
This law repeals Federal Law No. (19) of 1978 on the Provisions of the Administrative Control Regulations. It also repeals any provision in other legislation that conflicts with or is contrary to its provisions. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 6)
When did this law come into effect?
This law was published in the Official Gazette and entered into force on 31 October 2016, the day following its publication date. (Federal Law on The Administrative Violations and Penalties in the Federal Government, 2016, Art. 7)
Source Documents
This article analyses Federal Law on The Administrative Violations and Penalties in the Federal Government 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.