Decree No. (13) of 2011
Concerning the
e-Programme for Hotel and
Tourist Establishments in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (1) of 1997
Establishing the Department of Tourism and Commerce Marketing and its
amendments;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (35) of 2009 Concerning
Management of the Public Funds of the Government of Dubai;
Decree (13) of 2001
Concerning Use of the Hotel Establishments Electronic Information System;
Decree No. (22) of 2009
Concerning Special Development Zones in the Emirate of Dubai;
Regulation No. (1) of 1998
Concerning the Licensing and Classification of Hotels, Guest Houses, and Hotel
Apartments; its amendments; and its Implementing Bylaw;
Regulation No. (1) of 2002
Concerning the Hotel Establishments Electronic Information System;
Regulation No. (4) of 2006
Concerning Desert Tourist Camps;
Regulation No. (6) of 2006
Concerning the Licensing of Tourist Establishments and Travel Agencies and its
amendments; and
The legislation regulating
free zones in the Emirate of Dubai,
Do hereby issue this
Decree.
This Decree
will be cited as “Decree No. (13) of 2011 Concerning the e-Programme for Hotel
and Tourist Establishments in the Emirate of Dubai.”
The
following words and expressions, wherever mentioned in this Decree, will have
the meaning indicated opposite each of them unless the context implies
otherwise.
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of
Dubai. |
|
Dubai Police |
The Dubai Police
General Headquarters. |
|
DTCM: |
The Department of
Tourism and Commerce Marketing. |
|
Director General: |
The director general
of the DTCM. |
|
Government Entity: |
Any of the Government
departments, public agencies and corporations affiliated to the Government,
or similar entities. |
|
Hotel Establishments: |
Hotels, hotel
apartments, or guest houses as defined and classified in the above-mentioned
Regulation No. (1) of 1998. |
|
Tourist
Establishments: |
Establishments
licensed under the above-mentioned Regulation No. (6) of 2006 to conduct the
activity of organising inbound tours. This includes theatres, social clubs,
and any other entities authorised by the DTCM to organise or conduct tourist
activities. |
|
Establishment: |
A Hotel Establishment
or a Tourist Establishment. |
|
Tourist Activities: |
Activities conducted
by an Establishment, such as providing hotel services; organising inbound
tours; providing tourist camp accommodations, and pleasure boats and cruise
ships rental; and holding Events. |
|
Events: |
Conferences, seminars,
exhibitions, festivals, concerts, theatricals, and contests. |
|
e-Programme: |
An electronic System
designated for an Establishment for the purpose of documenting the
information and data related to its activities and business in accordance
with the classifications within the e-Programme. |
|
Electronic Connection: |
Connection of the e-Programme
to one or more computers of an Establishment for the purpose of exchanging
the data and information recorded on such computers with the concerned
Government Entities. |
This Decree will apply to all Establishments in the
Emirate, including Establishments licensed in free zones and Special
Development Zones.
No Establishment may conduct any Tourist Activity
unless it subscribes to the e-Programme and installs the equipment required for
operating it.
a.
No Establishment licence may be issued or renewed
unless that Establishment subscribes to the e-Programme.
b.
The term of subscription to the e-Programme will be
equal to the term of the licence of the Establishment. Where the Establishment
has not subscribed to the e-Programme prior to the effective date of this
Decree, it will be deemed subscribed to the same for the remaining validity
period of its licence, in which case the fee prescribed for subscription to the
e-Programme will be collected pro rata to that period.
c.
In return for the annual subscription to the
e-Programme, the DTCM will collect a fee of three thousand Dirhams (AED
3,000.00) from a Hotel Establishment, and one thousand and five hundred Dirhams
(AED 1,500.00) from a Tourist Establishment.
An Establishment must:
1.
install and operate the e-Programme, and enter the
data related to its activities, and the data required by the DTCM and the Dubai
Police in accordance with the classification adopted in this regard;
2.
install a telephone line for the computer and its
peripherals, restricting its use to the requirements of the e-Programme; and
connecting the e-Programme to the Dubai Police and other concerned Government
Entities; and
3.
pay the financial costs required for setting up the
Electronic Connection to the e-Programme and for any variations
thereto.
Dubai Police will:
1.
set up the e-Programme and supervise its
operation, maintenance, and development; and
2.
implement the Electronic Connection of any Government
Entity to an Establishment through the e-Programme.
No Establishment may connect the computer designated
for the e-Programme and its peripherals to any other system without first
obtaining the relevant approval from the DTCM and the Dubai Police.
a.
As of the date this Decree comes into force, the
following Government Entities will be connected to the e-Programme:
1.
the Department of Tourism
and Commerce Marketing;
2.
the Dubai Police;
3.
the Department of Economic
Development;
4.
the General Directorate of
Residence and Foreigners’ Affairs in Dubai;
5.
the Ports, Customs, and
Free Zone Corporation;
6.
the Dubai Media
Corporation;
7.
the Roads and Transport
Authority; and
8.
Dubai Municipality.
b.
Any Government Entity other than those determined in paragraph
(a) of this Article may, upon a request submitted to the DTCM and the Dubai
Police, be connected to the e-Programme.
a.
Information and data entered into the e-Programme will
be deemed confidential, and the employees of any Establishment are prohibited
from using it for other than their intended purposes. These employees must
provide the information and data available to them to the entities determined
by the Dubai Police and the DTCM, or determined by judicial authorities
pursuant to a court order.
b.
Information and data may be entered into the
e-Programme only by the Establishment employees who are so authorised by the
Dubai Police or the DTCM.
a.
Without prejudice to any stricter penalty stipulated
in any other legislation, a person who commits any of the violations mentioned
in the Schedule attached to this Decree will be punished by the fine indicated
opposite that violation. Upon repetition of the same violation within one (1)
year from the date of the previous violation, the amount of the fine will be
doubled. A fine must not exceed forty thousand Dirhams (AED 40,000.00).
b.
In addition to the penalty of a fine prescribed
pursuant to paragraph (a) of this Article, a violating Establishment may be
closed for up to three (3) months.
Employees of the DTMC nominated pursuant to a
resolution of the Director General will have the capacity of law enforcement
officers to record the acts committed in breach of the provisions of this
Decree and the resolutions issued in pursuance hereof. For this purpose, they
may issue the necessary violation reports, and seek the assistance of police
personnel.
Any affected party may submit a grievance in writing
to the Director General in respect of any penalty imposed on him pursuant to
this Decree within fifteen (15) days from the date of being notified of such a
penalty. The grievance will be considered by a committee formed by the Director
General for this purpose. The committee must determine the grievance within
twenty-one (21) days from the date of being referred thereto. The decision
issued by the committee on the grievance will be final.
Establishments existing by the effective date of
this Decree must comply with its provisions within a period not exceeding three
(3) months from this date.
The Director General will, in coordination with the
Dubai Police, issue the resolutions required for the implementation of the
provisions of this Decree.
The above-mentioned Decree
No. (13) of 2001 and Regulation No. (1) of 2002 are hereby repealed. Any
provision in any other legislation will also be repealed to the extent that it
contradicts the provisions of this Decree.
This Decree will be
published in the Official Gazette and will come into force on the day on which
it is published.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued
in Dubai on 24 April 2011
Corresponding to 21 Jumada al-Ula 1432 A.H.
|
SN |
Violation |
Fine (in
Dirhams) |
|
1 |
Failure by an
Establishment to subscribe to the e-Programme, renew its subscription, or
operate the available equipment |
1,000.00 |
|
2 |
Loss of the access
code to the Electronic Connection (eligibility) |
1,000.00 |
|
3 |
Failure by an
Establishment to enter the required information and data into the e-Programme |
7,000.00 |
|
4 |
Delay by an
Establishment in entering the required information and data into the
e-Programme |
5,000.00 |
|
5 |
Error in entering the
required data in the e-Programme |
5,000.00 |
|
6 |
Use by an
Establishment of the Electronic Connection system equipment or the telephone
line for purposes irrelevant to the e-Programme, or using the e-Programme for
other than its intended purposes |
1,000.00 |
|
7 |
Failure by an
Establishment to provide the concerned Government Entity with the required
data and information |
2,000.00 |
|
8 |
Allowing other than
authorised employees of the DTCM to enter the required information and data
into the e-Programme |
1,000.00 |
|
9 |
Providing false data
or information related to operating the e-Programme |
3,000.00 |
|
10 |
Obstructing the work
of the employees of the DTCM |
10,000.00 |
|
11 |
Disclosing
confidential data and information to other than the concerned Government
Entities or using it for other than the intended purposes |
10,000.00 |
©2019 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this legislation.
However, for the purpose of its interpretation and application, reference must
be made to the original Arabic text. In case of conflict, the Arabic text will
prevail.