Executive Council Resolution No. (33) of 2012
Regulating the
Registration of Representatives of
Tourist Establishments in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai,
Chairman of the Executive Council,
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 and its amendments;
Regulation No. (1) of 1998 Concerning Licensing and Classification of
Hotels, Guest Houses, and Hotel Apartments and its amendments; and
Regulation No. (6) of 2006 Concerning the Licensing of Tourist Establishments
and Travel Agencies and its amendments,
Do hereby issue this Resolution.
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
DTCM: |
The Department of Tourism and Commerce
Marketing. |
|
Director General: |
The director general of the DTCM. |
|
Establishment: |
A hotel or tourist establishment licensed by
the DTCM to conduct its business in the Emirate, and any other entity whose activities
require it to obtain permits or approvals from the DTCM. |
|
Representative: |
A natural person registered on the Roll and authorised
by the DTCM to represent an Establishment and follow up the processing of its
requests and applications. |
|
Roll: |
The register on which Representatives are
registered with the DTCM after meeting the conditions and requirements
prescribed in this Resolution and the bylaws issued in pursuance hereof. |
The provisions of this Resolution will
apply to the Representatives authorised by an Establishment to follow up the
processing of its requests and applications filed with the DTCM.
For the purposes of the application of this
Resolution, the DTCM will have the
duties and powers to:
1. prescribe the requirements, rules, and
standards that must be met by Representatives for their registration, and for regulating
the amendment of such registration on the Roll;
2. determine applications for registration, renewal
of registration, and reinstatement of Representatives, and vary their
registration details, in accordance with the conditions and requirements approved
by the DTCM in this respect;
3. issue
identification cards for Representatives;
4. prepare the application forms for the registration
of Representatives, and for the variation of their registration details;
5. receive, investigate, and take the appropriate
action concerning complaints against Representatives, ;
6. impose the penalties prescribed in this
Resolution on violators of its provisions, and the provisions of the bylaws and
instructions issued by the DTCM; and
7. perform any other duties related to
registration of the Representatives which fall within its powers.
A Roll will be maintained in the DTCM for the registration of Representatives. The
Director General will determine the form and the details that must be entered on
this Roll.
No person will, in his capacity as a Representative, be allowed to
approach the DTCM to process any request relating to an Establishment,
or to obtain any of the services offered by the DTCM unless he is registered on the Roll and holds
a Representative card. However, this will apply neither to a partner or director
whose name is recorded in the Licence issued to the Establishment by the DTCM, nor to companies licensed in the Emirate
to conduct the request processing business which have notarised powers of
attorney from the Establishment.
To be registered on the Roll, a person
must:
1. be a UAE national;
2. be of full capacity;
3. be of good character and repute and not
convicted of any felony or crime affecting honour and trustworthiness, unless
he has been rehabilitated;
4. be proficient in the Arabic or English
language;
5. pay the fees prescribed in this Resolution;
and
6. meet any other requirements determined pursuant
to the bylaws and instructions issued by the DTCM.
Notwithstanding paragraph (1) of Article
(6) of this Resolution, the DTCM may register on the Roll Representatives who are not UAE nationals, provided
that they meet all other requirements and hold at least a general secondary
school certificate.
The DTCM will register Representatives on the Roll
and issue their cards in accordance with the procedures determined by the DTCM.
The term of registration on the Roll will
be valid for a period of one (1) year, renewable for the same period. A Representative
must apply for renewal of his registration within at least thirty (30) days from
its expiry date, failing which his card will be cancelled. Registration will be
renewed in accordance with the requirements and procedures approved by the DTCM in this respect.
A UAE national Representative may follow
up with the DTCM the processing of the requests of more
than one (1), and up to a maximum of three (3), Establishments.
a.
The DTCM will grant an identification card to a Representative who is
registered with the DTCM on the Roll, to confirm that the bearer is authorised to
represent his Establishment and to process its requests and applications.
b.
The identification card referred to in paragraph (a) of this Article will
feature the photograph, name, and nationality of the Representative, as well as
the name of the Establishment which he represents, and any other details the DTCM
deems necessary.
c.
The identification card is an official document which a Representative
must protect from damage and loss, and use only for its intended purposes. The
Representative must in particular:
1.
not permit others to use his identification card;
2.
not alter, deface, or omit the details contained in the card, or add any
other details thereto;
3.
notify the DTCM in case of card loss or damage;
4.
wear and prominently display the card for easy reference by the DTCM staff;
or
5.
surrender the card to the DTCM in case any of its details are varied by
the DTCM, or when required.
d.
Subject to Article (10) of this Resolution, a Representative may not use
the identification card to process or finalise the requests of Establishments other than the Establishment whose requests
he is authorised to process with the DTCM.
The DTCM will collect the following fees
for registering a Representative on the Roll and issuing his identification
card:
1. one thousand Dirhams (AED 1,000.00) for initial
registration and for reinstatement on the Roll;
2. one thousand Dirhams (AED 1,000.00) for
renewal of registration on the Roll; and
3. one hundred Dirhams (AED 100.00) for issuing
replacement of a lost or damaged Representative card.
a. Without prejudice to any stricter penalty prescribed
by any other resolution, a Representative who commits the violations indicated in
the Schedule attached to this Resolution will be punished by the penalty indicated
opposite each of them. Upon repetition of the same violation within one (1)
year from the date of the previous violation, the amount of fine will be
doubled, provided that the fine does not exceed three thousand Dirhams (AED 3,000.00).
b. In addition to the penalty of a fine
prescribed in paragraph (a) of this Article, the DTCM may take one or more of the following measures
against the violating Representative:
1. permanently or temporarily suspending the
Representative from following up the processing of the requests of the Establishment;
and/or
2. withdraw the card of the Representative and
striking his registration off the Roll.
Employees of the DTCM nominated by a resolution of the Director General, in
coordination with the Government of Dubai Legal Affairs Department, will have
the capacity of law enforcement officers to record the acts committed in breach
of the provisions of this Resolution and the bylaws issued in pursuance hereof.
In this capacity, they may issue the violation reports required in this regard.
A Representative may submit a written grievance to the Director General against
any decisions issued against him within thirty (30) days from the date of the contested
decision. The grievance will be heard and determined by a committee formed pursuant
to a resolution of the Director General for this purpose. The decision issued
by the committee on the grievance will be final.
The fees and fines collected pursuant to this Resolution will be paid to
the Public Treasury of the Government of Dubai.
The Director General will issue the bylaws required for the
implementation of this Resolution.
Any provision in any other resolution will be repealed to the extent
that it contradicts the provisions of this Resolution.
This Resolution will be published in the Official Gazette and will come
into force on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince
of Dubai
Chairman of
the Executive Council
Issued in Dubai on 30 December 2012
Corresponding to 17 Safar 1434 A.H.
Schedule
Violations and Fines of
Representatives of Tourist Establishments in the Emirate of Dubai
|
SN |
Description of Violation |
Fine (in Dirhams) |
|
1 |
Permitting others to use a Representative’s identification card |
1,000.00 |
|
2 |
Altering, defacing, or omitting any of the details of an identification card |
1,000.00 |
|
3 |
Failure to report card loss or damage to the DTCM |
500.00 |
|
4 |
Failure to wear and prominently display the identification card |
200.00 |
|
5 |
Failure to surrender the identification
card to the DTCM where required |
500.00 |
|
6 |
Processing requests for Establishments other than the Establishment whose requests he is authorised to
process with the DTCM |
1,000.00 |
©2015 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.