Decree No. (9) of 2015
Regulating the
Raising of Donations in the Emirate of Dubai[1]
ــــــــــــــــــــــــــ
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (9) of 2004 Concerning
the Dubai International Financial Centre and its amendments;
Law No. (2) of 2011 Concerning the Islamic
Affairs and Charitable Activities Department;
Decree No. (22) of 2009 Concerning Special
Development Zones in the Emirate of Dubai; and
The legislation regulating free zones in the Emirate of Dubai,
Do hereby issue this
Decree.
The
following words and expressions, wherever mentioned in this Decree, will have
the meaning indicated opposite each of them unless the context implies
otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
IACAD: |
The Islamic Affairs and Charitable Activities
Department. |
|
Director General: |
The director general of the IACAD. |
|
Donations: |
Property voluntarily donated by donors to
others for philanthropic, benevolent, aid, or charitable purposes, including
Zakat and alms. |
This Decree will apply to all Donations raised, in any manner and for
any purpose whatsoever, in the Emirate, including Special Development Zones and
free zones, such as the Dubai International Financial Centre.
a.
No Donations
may be raised, and no raising of Donations may be permitted in the Emirate or announced through print, audio, visual, or
other means of communication and media, without first obtaining the written
approval of the IACAD.
b.
The prohibition referred
to in paragraph (a) of this Article will not apply to:
1.
Donations raised based on
initiatives by His Highness the President of the UAE, His Highness the Vice President
of the UAE, members of the Federal Supreme Council, and crown princes and
deputy rulers of the emirates of the UAE;
2.
Donations
raised by Government Entities, provided that raising such Donations is
coordinated in advance with the IACAD; and
3.
any
other entity determined by the Director General, in accordance with the public
interest.
For the purposes of implementing this Decree, the
IACAD will have the duties and powers to:
1.
urge and encourage members of the community to
make Donations;
2.
consider applications for raising Donations in the Emirate, authorise the
same, and take the necessary action in this regard;
3.
control and supervise Donation-raising activities in the Emirate; and
4. audit the property received through raising
Donations, and grant approvals of the methods of disposition of the same
and the entities to which it will be transferred.
An application for a
licence to raise Donations must be submitted to the IACAD on the relevant form
prescribed by it, supported by the information and documents required by the
IACAD. The IACAD will consider this application and issue its decision on the
same within fifteen (15) days from the date of its submission. The application
will be deemed rejected if no decision is issued within this period.
An
application for a licence to raise Donations must include the following
information:
1.
the purpose of raising Donations;
2.
the names of persons authorised to collect Donations;
3.
the places where Donations will be collected;
4.
the method of collection of Donations;
5.
the period proposed for raising Donations;
6.
the entity to which Donations will be transferred;
7.
the
amount of Donations to be raised; and
8.
any
other information determined by the IACAD.
A person licensed
to raise Donations must:
1.
submit to the IACAD, at the end of the period prescribed for raising
Donations, a report indicating the amount and methods of distribution of the Donations;
2.
comply with the terms of the licence granted to him; and
3.
comply with the provisions of this Decree and the resolutions issued by
the IACAD in pursuance hereof.
a.
The IACAD will receive all Donations raised in breach of the provisions
of this Decree and the resolutions issued in pursuance hereof, and will
determine the method of disposition of these Donations and the entity to which
they will be transferred.
b.
Pursuant to a resolution of the Director General, a committee will be
formed to identify the Donations referred to in paragraph (a) of this Article
and record them in approved statements which include the sources and amounts of
these Donations, and any other relevant information.
The Director General may instruct a financial institution licensed in
the Emirate with which bank accounts are held, wherein the Donations raised in
breach of the provisions of this Decree and the resolutions issued in pursuance
hereof are deposited, to freeze or close these bank accounts, and transfer the
funds in such accounts to the IACAD. The financial institution must comply with
such instructions of the IACAD.
a.
Without
prejudice to any stricter penalty stipulated in any other legislation, a person
who violates the provisions of this Decree or the resolutions issued in pursuance
hereof will be punished by imprisonment
for not less than one (1) month and not more than one (1) year, by a fine of
not less than five thousand Dirhams (AED 5,000.00) and not more than one
hundred thousand Dirhams (AED 100,000.00), or by both penalties. Courts will
order the surrender of Donations raised in breach of the provisions of this Decree or the resolutions issued in pursuance
hereof to the IACAD to determine the method of disposition of these Donations
and the entity to which they will be transferred.
b.
Violators
of the provisions of this Decree or the resolutions issued in pursuance
hereof will be referred by the Director General to competent judicial
authorities.
A criminal case will be closed, at any time, if it is abandoned by the
IACAD before a final judgment is rendered unless such case is related to
another crime. In criminal cases involving multiple accused, the legal effect
of abandonment of the claim against any of the accused will extend to the other
accused.
Employees of the IACAD nominated by 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 violation reports and seek
the assistance of competent entities including police personnel.
The IACAD may conclude an amicable
settlement with any person who violates the provisions of this Decree or the
resolutions issued in pursuance hereof in accordance with the requirements
prescribed by the Director General in this regard. When concluding such
settlement, one or more of the following measures must be taken:
1.
sending a written warning to the violator, and obtaining an undertaking
from him that he will not repeat the violation in the future;
2.
requiring the violator to pay double the amount raised as Donations;
and/ or
3.
closing down the place where Donations are collected for a period not
exceeding one (1) year.
Any affected party may submit a
written grievance to the Director General against any decisions or measures
taken against him under this Decree or the resolutions issued in pursuance
hereof, within thirty (30) days of being notified of such decision or measure.
The grievance will be determined, within thirty (30) days from the date of its
submission, by a committee formed by the Director General for this purpose, and
the decision issued in respect of the grievance will be final.
The Director General will issue the resolutions required for the
implementation of the provisions of this Decree.
Any provision in any other legislation
will 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 11 April 2015
Corresponding to 22 Jumada al-Thaniyah 1436 A.H.
©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.