Law No.
(12) of 2017
Regulating
Civil
Society Organisations in the Emirate of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Federal Law No. (2) of
2008 Concerning Public-benefit Civil Society Associations and Establishments;
Federal Law by Decree
No. (7) of 2008 Concerning the General Authority of Youth and Sports Welfare,
and the Entities Operating in the Fields of Youth Welfare and Sports;
Law No. (8) of 1997
Regulating the Dubai Chamber of Commerce and Industry and its amendments;
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (2) of 2011
Concerning the Islamic Affairs and Charitable Activities Department;
Law No. (8) of 2015
Concerning the Community Development Authority in Dubai;
Law No. (32) of 2015
Concerning the Official Gazette of the Government of Dubai;
Law No. (1) of 2016
Concerning the Financial Regulations of the Government of Dubai;
Law No. (8) of 2016
Regulating the Grant of Law Enforcement Capacity in the Government of Dubai;
Decree No. (9) of 2015
Regulating the Raising of Donations in the Emirate of Dubai;
Executive Council
Resolution No. (26) of 2013 Concerning Charitable Associations, Bounteous Quran
Memorisation Centres, and Islamic Foundations in the Emirate of Dubai; and
Local Order No. (96) of
1995 Concerning the Licensing and Regulation of Social Clubs in the Emirate of
Dubai and its amendments,
Do
hereby issue this Law.
This
Law will be cited as "Law No. (12) of 2017 Regulating Civil Society
Organisations in the Emirate of Dubai".
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
CDA: |
The Community Development Authority in
Dubai. |
|
Director General: |
The director general of the CDA. |
|
Concerned Entity: |
Any federal or local government entity
having the jurisdiction, under the legislation in force in the UAE, to
regulate any of the activities conducted by Civil Society Organisations. |
|
Civil Society Association: |
A non-profit entity comprising a group
of natural and/ or legal persons organised for an indefinite term, and
conducting any of the activities that are stated in Article (5) of this Law. |
|
Civil Society Establishment: |
A non-profit entity established by one
or more founders based on allocating property to any of the activities that
are stated in Article (5) of this Law. |
|
Civil Society Organisation: |
A Civil Society Association or a Civil
Society Establishment. |
|
Licence: |
A document issued by the CDA to a Civil
Society Organisation that meets the conditions and requirements for
conducting authorised activities in accordance with the provisions of this
Law. |
|
Charter: |
The charter of a Civil Society
Organisation. |
|
General Assembly: |
The general assembly of a Civil Society
Association. |
|
Board of Directors: |
The board of directors of a Civil
Society Association. |
|
Board of Trustees: |
The board of trustees of a Civil Society
Establishment. |
|
Board: |
A Board of Directors or a Board of
Trustees. |
a.
The provisions of this Law will apply to Civil
Society Organisations existing in the Emirate by the effective date of this Law, and those
established thereafter.
b.
This
Law will not apply to the following
entities:
1.
associations
and establishments to which the above-mentioned Federal Law No. (2) of 2008
applies;
2.
entities
which operate in the fields of youth welfare and sports and to which the
above-mentioned Federal Law by Decree No. (7) of 2008 applies;
3.
private
associations and establishments, and public-benefit establishments, that are
established by legislation issued by the Ruler;
4.
Charitable
Associations, Bounteous Quran Memorisation Centres, and Islamic Foundations
licensed in the Emirate pursuant to the provisions of the above-mentioned
Executive Council Resolution No. (26) of 2013; and
5.
business
councils licensed by the Dubai Chamber of Commerce and Industry pursuant to the
above-mentioned Law No. (8) of 1997.
This
Law will have the following objectives:
1.
to
achieve social development in the Emirate through promoting the role of civil
society;
2.
to
regulate the licensing of Civil Society Organisations and vest them with legal
personality;
3.
to
enable Civil Society Organisations to provide their services in all areas of
interest to the community; and
4.
to
encourage individuals and entities to engage in volunteer work and foster
community engagement.
The
activities that a Civil Society Organisation is authorised to conduct in the
Emirate will be in the social, healthcare, instructional, cultural, scientific,
educational, occupational, creative, artistic, and humanitarian fields, and in
any other fields that aim to achieve public benefit as determined pursuant to a
resolution issued by the Director General.
For the purpose of achieving the objectives of this Law, the
CDA will have the exclusive duties and powers to:
1.
license
Civil Society Organisations and their branches in the Emirate;
2.
investigate
the complaints filed with it against Civil Society Organisations, record the
violations committed by Civil Society Organisations, and take the appropriate
action in respect thereof;
3.
propose
the legislation regulating Civil Society Organisations in the Emirate; and
4.
exercise
any other duties or powers that are required for the achievement of the
objectives of this Law.
a.
A
natural or legal person may neither establish or incorporate, in the Emirate,
any entity to which this Law applies, regardless of its objective; nor open
branches thereof; nor relocate it within the Emirate; nor conduct any of the
activities mentioned in Article (5) of this Law through a Civil Society
Organisation, without first obtaining a Licence and the required approvals and
permits from the Concerned Entities.
b.
No
public or private entity may allow any of its facilities to be used for
conducting the activities of Civil Society Organisations by a natural or legal
person who is not so licensed in accordance with the provisions of this Law.
For a Civil
Society Association to be incorporated, the following requirements must be met:
a.
The
number of founders must not be less than ten (10), two (2) of whom are UAE
nationals. As
an exception to this rule, the Director General may increase or decrease the minimum
number of UAE-national founders required for incorporation of the Civil Society
Association.
b.
A
founder member must:
1.
not
be less than twenty-one (21) years of age at the time of submitting the
incorporation application;
2.
have
full legal capacity;
3.
be
of good character and repute and not have been convicted of any felony or other
crime affecting honour or trustworthiness, unless he has been rehabilitated;
4.
be
a resident of the UAE, where he is a national of any of the Gulf Cooperation
Council states;
5.
for
non-UAE nationals, hold a valid UAE residence permit and have resided in the
UAE for at least three (3) years;
c.
submit
the Civil Society Association’s Charter, which is consistent with the
provisions of this Law and the resolutions issued in pursuance hereof. The
Charter must include:
1.
the
proposed name of the Civil Society Association, which must be indicative of the
objectives for which the Civil Society Association is established, must be
distinguishable from the names of other Civil Society Associations that conduct
similar activities, and must be approved by the CDA;
2.
the
proposed premises and geographic scope of work of the Civil Society
Association;
3.
the
objective for which the Civil Society Association is established, its
activities, and the categories targeted by these activities;
4.
the
names, nationalities, occupations, and places of residence in the UAE, of
founder members;
5.
requirements
and types of membership, procedures for acceptance and revocation of
membership, and rights and duties of members;
6.
the
rules and regulations governing the convention and functions of ordinary and
extraordinary General Assemblies; the procedures for convoking General Assembly
meetings and conditions for the validity of these meetings, and the methods of
passing General Assembly decisions;
7.
the
method of forming the Board of Directors and its functions;
8.
conditions
for the forfeiture and cessation of membership;
9.
rules
of amending the Charter of the Civil Society Association; and procedures for
establishing and closing down its branches and centres, and for its merger with
other Civil Society Associations in the Emirate;
10.
the
financial resources of the Civil Society Association and the methods of
utilisation and allocation of these resources; the methods of controlling the
expenditure of the Civil Society Association and the beginning and end dates of
its Financial Year; the imprest system, if any, and the imprest amount
maintained to meet contingent expenditure;
11.
the
conditions for voluntary dissolution, and rules for liquidation, of the Civil
Society Association; and
12.
any
other information the CDA deems necessary.
d.
For
a Civil Society Association to be licensed, it must not be a branch of an
association licensed outside of the UAE.
The requirements stipulated
in Article (8) hereof will apply to Civil Society Associations comprised of
legal persons, to the extent applicable considering the legal status of these
persons.
a.
The
founders of a Civil Society Association will elect from among themselves an
interim committee of at least three (3) members. The committee will select one
or more of its members to represent it in finalising the licensing procedures
stipulated in Article (11) hereof.
b.
The
mandate of the interim committee referred to in paragraph (a) of this Article
will expire upon the election of the Board of Directors in accordance with the
provisions of Article (19) hereof.
a.
A
Civil Society Association licensing application will be submitted to the CDA on
the form prescribed by the CDA for this purpose, supported by the documents it
requires.
b.
The
CDA will consider the Civil Society Association incorporation application and
attached documents. The CDA may require any documents, approvals, or
authorisations by Concerned Entities as necessary for finalising the Civil
Society’s licensing procedures.
c.
The
CDA will issue its decision on any Licence application within a period of
thirty (30) days from the date of its submission. This period may be extended
once for the same period. The application will be deemed rejected if no
decision is issued within this period.
a.
The
CDA will issue the applicant an initial approval of the Civil Society
Association licensing. Upon obtaining this initial approval, the applicant may
complete the steps required for finalising the licensing procedures.
b.
Prior
to obtaining a Licence, a Civil Society Association that has been issued an
initial approval may not conduct any activities, or amend the information
provided to the CDA to obtain this approval.
Where
the requirements stipulated in this Law are not met, or for considerations of
public interest, the CDA may reject a Civil Society Association’s Licence
application.
a.
Upon
obtaining the initial approval, a Civil Society Association must finalise all
licensing procedures, including:
1.
providing
a premises for the Civil Society Association in accordance with the conditions
determined pursuant to a resolution of the Director General; and
2.
obtaining
a permit to conduct activities from the Concerned Entity in accordance with the
legislation in force.
b.
A
Civil Society Association must satisfy the requirements for finalising
licensing procedures no later than six (6) months from the date of being
granted an initial approval.
c.
The
Director General may extend the period stipulated in paragraph (b) of this
Article once for the same period where there is a valid reason that prevents
the relevant Civil Society Association from satisfying all licensing
requirements.
d.
An
initial approval will be deemed revoked if the relevant Civil Society
Association fails to satisfy all licensing requirements within the prescribed
period.
The CDA will license a Civil Society Association
upon satisfying all the requirements stipulated in this Law, and will register
it in the relevant Civil Society Associations register maintained by it.
A Civil Society Association will acquire legal
personality once it is licensed and registered in the Civil Society
Associations register, and its incorporation is announced in the Official
Gazette of the Government of Dubai.
a.
The
Licence of a Civil Society Association will be valid for a term of one (1)
year, renewable for the same period. At the request of the Civil Society
Association and subject to approval of the CDA and the Concerned Entity, the
Licence may be valid for a term of more than one (1) year, up to three (3)
years.
b.
A
Civil Society Association must renew the Licence issued to it by the CDA no
later than thirty (30) days from the date of its expiry, in accordance with the
procedures determined pursuant to a resolution of the Director General.
The General Assembly will be comprised of all
members who satisfy membership requirements and have paid their Civil Society
Association membership subscriptions prior to the General Assembly meeting.
The interim committee referred to in Article (10)
of this Law will convoke a General Assembly meeting, which will be held no
later than six (6) months from the date of issuing the Licence, to elect the
Board of Directors.
A Civil Society Association may establish branches
in the Emirate subject to the prior written approval of the CDA. The Charter of
the Civil Society Association will determine the procedures for establishing
and closing down branches, will regulate their work, and will govern their relationships
with the head office.
No Civil Society Association may amend its Charter,
substitute members of its Board of Directors, change its name, or relocate its
premises, without first obtaining the relevant written approval of the CDA.
A Civil Society Association may appoint
administrative, specialised, and other staff to run its affairs in accordance
with the relevant bylaws adopted by it and in line with the legislation in
force in the Emirate.
a.
A
Civil Society Association will have a Board of Directors comprising not less
than five (5) members, at least two (2) of whom are UAE nationals. The Board of
Directors will be responsible for administering the affairs of the Civil
Society Association and providing the means required for conducting its
activities and achieving its objectives.
b.
The
Board of Directors will be elected by secret ballot. The Charter will determine
the functions of the Board of Directors, the conditions that must be met by its
members, the number of its members, the membership termination and revocation
cases, the procedures for convoking its meetings, the requirements for validity
of its meetings, and the method of electing its chairman.
c.
The
term of the Board of Directors will be for a non-renewable period of two (2)
years.
d.
A
member of the Board of Directors must not be less than twenty-one (21) years of
age.
e.
The
Board of Directors will have a chairman who will represent the Civil Society
Association before judicial authorities and third parties.
f.
Candidacy
for the chairmanship and membership of the Board of Directors must first be
approved by the CDA.
a.
A
member of the Board of Directors of a Civil Society Association may not serve
as a member of the Board of Directors of another Civil Society Association that
conducts the same activity. The Director General may allow a person to serve as
member on a maximum of two (2) Boards.
b.
A
member of the Board of Directors of a Civil Society Association may not work
for the same Civil Society Association for a salary or other remuneration.
c.
A
member of the Board of Directors of a Civil Society Association may not be an
employee of the CDA or any of the government entities that oversee the
activities of the Civil Society Association.
d.
For
considerations of public interest, the CDA may suspend any member of a Board of
Directors, including the chairman of the Board of Directors.
a.
A Civil
Society Association must first obtain the approval of the CDA on convening a
General Assembly meeting fourteen (14) days prior to the date of the meeting,
failing which the meeting will be invalid.
b.
In addition
to the meeting referred to in Article (19) of this Law, the Members of a Civil
Society Association will be invited to General Assembly meetings at the times
and in the cases stipulated in its Charter, and by means of a notice specifying
the time, venue, and agenda of the meeting.
c.
A General
Assembly meeting agenda and the reports to be discussed during the meeting must
be sent to all members within the deadlines prescribed in the Charter. Where no
deadlines are specified in the Charter, these documents must be sent no later
than five (5) days prior to the date of the meeting.
Ordinary General
Assembly Meetings
Article (26)
a.
In
addition to the times and cases prescribed by the Charter for holding General Assembly meetings, a General Assembly must hold
an ordinary meeting within three (3) months following the end of its Financial
Year. This meeting will be dedicated to:
1.
ratifying
the minutes of the previous meeting of the General Assembly;
2.
approving
the Board of Directors’ report on the work performed by it in the Financial
Year then ended; and its programmes, activities, and work plan for the upcoming
Financial Year;
3.
approving
the draft budget for the upcoming Financial Year;
4.
approving
the balance sheet and final accounts for the Financial Year then ended;
5.
electing
a new Board of Directors in the event of expiry of the term of the Board of
Directors, or filling any Board of Directors' vacancies caused by any reason
whatsoever;
6.
appointing
an auditor, and determining his remuneration;
7.
considering
voluntary dissolution and liquidation of the Civil Society Association; and
8.
any
other matters specified by the General Assembly meeting agenda.
b.
An
ordinary General Assembly may not discuss any
matter that is not listed on its agenda.
Quorum of Ordinary
General Assembly Meetings
Article (27)
a.
An ordinary
General Assembly meeting will be valid if attended by at least fifty-one
percent (51%) of members. If that quorum is not present, the meeting will be
postponed to a date no later than thirty (30) days from its date. The second
meeting will be valid regardless of the number of attending members.
b.
Resolutions
of the General Assembly will be passed by a fifty-one percent (51%) vote of
attending members.
c.
A member of
a General Assembly who has a personal interest in a matter referred to the
General Assembly may not vote on the Board resolutions related to this matter.
d.
Attendance
of meetings of the General Assembly and voting on its resolutions will be in
person. Attendance and voting by proxy will not be valid.
Extraordinary General
Assembly Meetings
Article (28)
An extraordinary General Assembly meeting may be
convoked upon the request of the CDA, or upon the request of the Board of
Directors, or one third of the members, of the relevant Civil Society
Association. Where the Board of Directors fails to convoke the General Assembly
upon the request of the CDA or members, the CDA will convoke the General
Assembly at the expense of the Civil Society Association.
a. In its extraordinary meetings, a General Assembly will
consider the following matters:
1.
resignations
submitted by all or any members of the Board of Directors, where such
resignations may break the quorum of Board of Directors meetings;
2.
revocation
of the membership of one or more of the members of the Board of Directors for
valid reasons, subject to the prior written approval of the CDA;
3.
early
termination of the tenure of the Board of Directors, and election of a new
Board of Directors;
4.
proposed
merger of the Civil Society Association with another Civil Society Association
with similar objectives, provided that the other Civil Society Association’s
General Assembly approves the merger. In any event, the prior written approval
of the CDA on this merger must be obtained;
5.
nullification
of any of the resolutions of the Board of Directors;
6.
amending
the Charter; and
7.
any
urgent or emergency matters, or any other matters specified by the Charter.
b.
Subject
to the provisions of paragraph (a) of this Article, an extraordinary General
Assembly may not consider any matter that is not listed on its agenda.
a.
An
extraordinary General Assembly meeting will be valid if attended by two thirds
of members. If that quorum is not present, the meeting will be postponed to a
date no later than fifteen (15) days from its date. The second meeting will be
valid if attended by one half of the members, and if that quorum is not
present, the second meeting will be postponed to a date no later than fifteen
(15) days from its date. A third meeting will be valid regardless of the number
of attending members.
b.
Resolutions
of an extraordinary General Assembly will be passed unanimously or by the
majority vote of two thirds of attending members.
The financial resources of a Civil Society Association will
consist of:
1.
member
subscription fees;
2.
revenues
generated from the activities, services, and investments the Civil Society
Association is licensed to conduct; and
3.
Donations,
aid, grants, and bequests received by the Civil Society Association and
approved by the CDA, in accordance with the legislation in force in the
Emirate.
Civil
Society Association’s property will be
deemed owned by the Civil Society Association. Members will have no claim on
it. A withdrawn member or a member whose membership in the Civil Society
Association has been terminated or revoked will not be entitled to claim a
refund of his subscription fees, or to claim any part of the Civil Society
Association's property.
A
Civil Society Association must deposit its funds in its name into one or more
accounts with any of the national banks licensed in the Emirate, and must
notify the CDA of the details of these accounts and of any change to the type
of account or the bank with which the funds are deposited within ten (10) days
from the date of this change.
a. A
Civil Society Association must spend its funds on achieving the objectives for
which it is established. It may not engage in trading or financial speculation,
or distribute any revenues or returns on the members of its Board of Directors,
its founders, members of its General Assembly, or its employees.
b. A
Civil Society Association may, subject to the approval of the CDA and Concerned
Entities in the Emirate, invest, in line with the legislation in force in the
Emirate, the funds surplus to its needs to generate financial returns to enable
it to achieve its objectives.
a. The Charter of a
Civil Society Establishment must include the following basic details:
1.
the
name and geographic scope of work of the Civil Society Establishment, and the
address of its head office in the Emirate;
2.
the
objective for which the Civil Society Establishment is established, and the
categories targeted by its activities;
3.
a
detailed statement of the property that will be allocated to achieving the
objectives of the Civil Society Establishment;
4.
the
rules for administration of the Civil Society Establishment, including the
procedures for appointment of the chairman and members of its Board of
Trustees, and for appointment of its director; and
5.
the
conditions for the voluntary dissolution, and rules for liquidation, of the
Civil Society Establishment.
b.
A
Civil Society Establishment may be established pursuant to an official
instrument or a registered will, either of which will be deemed as the Charter
of the Civil Society Establishment. The Director General will issue a
resolution determining the requirements and procedures for establishing Civil
Society Establishments.
a.
A
Civil Society Establishment will be managed in
accordance with its Charter by a Board of Trustees comprised of a chairman and
not less than five (5) members. At least one of the members of the Board of
Trustees must be a UAE national.
b.
The
chairman of the Board of Trustees will represent the Civil Society
Establishment before judicial authorities and third parties.
c.
The
Board of Trustees will be governed by the same provisions stipulated herein in
respect of Boards of Directors, to the extent applicable considering the status
of Civil Society Establishments.
Civil Society Establishments will be governed, to
the extent applicable considering their status, by the provisions of this Law
in respect of the licensing, registration, announcement of incorporation, and
obligations of Civil Society Associations; and other related provisions.
A Civil Society Organisation must:
1.
comply with
the legislation in force in the Emirate, and the resolutions, bylaws, and
instructions issued by the CDA;
2.
comply with
the terms of its Licence;
3.
comply with
the objectives specified in its Charter;
4.
not conduct
any activities other than those it is authorised to conduct, without first obtaining the relevant
written approval of the CDA and the Concerned Entities in the Emirate;
5.
not conduct
any commercial activity without first obtaining the relevant written approval
of the CDA and the Concerned Entities and obtaining a licence from the relevant
commercial licensing authority. The revenues generated from that commercial
activity must be allocated to further the objectives of the Civil Society
Organisation;
6.
obtain the
approval of the CDA prior to opening any bank account with any of the national
banks licensed to operate in the Emirate. Withdrawal from this account must be
authorised by the signatures of two (2) officials of the Civil Society
Establishment appointed by the Board;
7.
provide the
place where it will conduct its activities. This place must meet the relevant
requirements determined by the CDA and the Concerned Entities;
8.
not engage
in politics; instigate sectarian, racial, religious, or ethnic conflicts; or
compromise the state security and system of government of the UAE;
9.
deposit all
cash amounts it receives in its bank account prior to expending them on its
activities;
10. respond to the reports, remarks, enquiries,
and correspondence of the CDA within the relevant deadlines prescribed by the
CDA;
11. obtain the prior written approval of the
CDA to organise or participate in conferences, seminars, meetings, lectures, or
any other events within or outside of the UAE. The application for this
approval must be submitted twenty-one (21) days prior to the date of the event.
The CDA must issue its decision on the application within five (5) working days
from the date of its submission;
12. not establish any entity in partnership
with another association within or outside of the UAE;
13. not open any branches outside of the UAE,
and not be a branch or
affiliate of any
association existing outside of the UAE;
14. obtain the written approval of the CDA prior
to inviting any important personality to the Emirate or hosting him therein;
15. keep records of the activities conducted by
the Civil Society Organisation, and incorporate the information determined by a
resolution of the Director General in these records;
16. enable the employees of the CDA or its
authorised representatives to peruse and audit its records, documents, and
books at any time;
17. not conclude any agreements or coordinate
or cooperate with organisations or entities existing outside of the UAE;
18. not affiliate itself with, participate in,
or join any association or establishment existing outside of the UAE, without
first obtaining the written approval of the CDA; and
19. not use its facilities for other than the
objectives for which it is established, and not use these facilities
as sleeping places or accommodation for any persons other than its security
staff.
No Civil Society Organisation may raise Donations, allow
the raising of Donations, or announce the same through print, audio, or visual
means of communication and media, including social media, without first
obtaining the relevant written approval of the CDA and the Concerned Entity.
A Civil Society Organisation must provide the CDA with the
data and information it requires in respect of the Civil Society Organisation’s regulatory affairs, and its local and
international activities, particularly:
1.
its annual
work plans and programmes, including its social programmes;
2.
names of
the entities and organisations it cooperates with inside and outside of the
Emirate;
3.
the
external events in which it wishes to participate;
4.
print,
audio, and visual material produced, published, or distributed by the Civil
Society Organisation. In any event, the prior written approval of the CDA must
be obtained before producing or distributing such material;
5.
bank
statements detailing all its financial transactions. These must be provided
within the deadlines prescribed by the CDA;
6.
the
information, records, books, and documents required by the CDA;
7.
a copy of
its annual balance sheet and final accounts, approved by an audit firm
recognised by the CDA, accompanied by supporting documents and a detailed audit
report. These must be submitted no later than four (4) months from the end of
the Financial Year;
8.
a copy of
the budget of the Civil Society Organisation for the upcoming year. This must
be provided within fifteen (15) days from the date of its approval; and
9.
copies of
its minutes of meetings and a summary annual report on its work and activities.
The CDA will take all the actions required for verifying
the proper administration of Civil Society Organisations. For this purpose, it
may require any data or information it deems necessary, particularly:
1.
the names, personal and professional information,
passport copies, and résumés of the persons working for Civil Society
Organisations, whether on a full-time or part-time basis or as volunteers;
2.
the organisational structures of Civil Society
Organisations, and the functions and duties of their administrative units;
3.
the
internal bylaws, instructions, and operational guidelines of Civil Society
Organisations; and
4.
statistics
on the activities, services, and beneficiaries of Civil Society Organisations.
Civil Society Organisations will be financially audited by
the CDA to verify sources of income, channels of expenditure, and proper
allocation of financial and in-kind resources to implement their objectives and
projects in line with their Charters in order to achieve their goals.
The CDA will supervise the programmes and projects of Civil
Society Organisations to verify that they are in line with the objectives
determined in their Charters. The CDA may organise training courses and provide
technical advice and any support to any Civil Society Organisation to enable it
to achieve its objectives and improve its services.
a. CDA employees will
have the power to conduct audit and inspection of Civil Society Organisations.
For this purpose, they will have the authority to:
1.
access
Civil Society Organisations and all their facilities for audit and violation
recording purposes, and peruse the records and documents kept by them; and
2.
access
any documents in the possession of Civil Society Organisations.
b.
A
person who commits any of the following acts
will be subject to legal prosecution:
1.
preventing
CDA employees from performing their duties under this Law and the resolutions
issued in pursuance hereof;
2.
refraining
from providing any information that may influence the investigations conducted
by the CDA;
3.
refraining
from, or delaying in, responding to the CDA’s remarks or correspondence without
a valid reason;
4.
refraining
from implementing any of the measures required by the CDA;
5.
failure
to report any incident or case that must be referred to the CDA for
investigation pursuant to the provisions of this Law; or
6.
committing
any other act that may obstruct the work of CDA employees.
The Director General or his authorised representative may
take one or more of the following actions against any Civil Society
Organisation that violates this Law or the resolutions issued in pursuance
hereof:
1.
require the
violating entity to conduct an initial investigation into the committed
violation and provide the CDA with the investigation report;
2.
form a
committee from among CDA employees to investigate the committed violation;
3.
suspend the
employee responsible for the violation from work until the investigation is
completed;
4.
seize the
documents, records, and any other items used in committing the violation;
5.
require the
Board to impose a disciplinary penalty on the violating employee in accordance
with the bylaws in force at the Civil Society Organisation. The Board must
impose the penalty within fifteen (15) days from the date on which the CDA
requires imposition of the same and refers the relevant documents to the Board,
and must notify the CDA of the disciplinary penalty imposed;
6.
if any
crime punishable by law is discovered, refer the investigation documents to the
Public Prosecution; and/ or
7.
close the
investigation, if no violation is proven.
a. Without prejudice
to any stricter penalty stipulated in any other legislation, any person who
violates the provisions of this Law and the resolutions issued in pursuance
hereof will be punished by the following penalties:
1.
warning;
2.
a
fine of not less than five hundred Dirhams (AED 500.00) and not more than one
hundred thousand Dirhams (AED 100,000.00). 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 two hundred thousand Dirhams (AED
200,000.00);
3.
suspension
of the activities of the violating Civil Society Organisation for a period not
exceeding three (3) months;
4.
dissolution
of the Board; and
5.
closure,
revocation of the Licence, and dissolution, of the violating Civil Society
Organisation.
b.
The
penalties prescribed in paragraph (a) of this Article may be imposed in any
order. The CDA will have the authority to impose on the violating Civil Society
Organisation the penalty commensurate with the extent and gravity of the
committed violation.
c.
In
addition to the penalties prescribed in paragraph (a) of this Article, the CDA
may order a violating Civil Society Organisation to remedy the violation within
the period prescribed by the CDA, failing which the CDA may remedy the
violation and hold the violating Civil Establishment liable to pay the relevant
costs incurred.
a.
The
Director General may issue a reasoned resolution to involuntarily dissolve a
Civil Society Organisation in any of the following cases:
1.
if
it is established that the Civil Society Organisation has committed any act
that conflicts with public order or morality;
2.
where
the Civil Society Organisation is convicted by a final court judgement for
committing acts against the public interest;
3.
where
the number of members of the Civil Society Association falls below the minimum
number prescribed in paragraph (1) of Article (8) of this Law;
4.
if
it is established that the Civil Society Organisation’s activities fail to
achieve the objectives for which it is established, or if it becomes unable to
achieve these objectives;
5.
if
the Civil Society Organisation disposes of its property in a manner other than
as prescribed;
6.
if
the Civil Society Organisation becomes unable to fulfil its financial
obligations;
7.
if
the Civil Society Organisation refuses to be inspected; obstructs the work of
CDA inspectors; or provides incorrect or false information;
8.
if
the Civil Society Organisation commits a gross breach of its Charter, of this
Law, or of the legislation in force in the Emirate;
9.
where
the General Assembly of the Civil Society Association fails to convene for two
(2) consecutive years; and
10. where the Civil Society
Organisation fails to comply with the provisions of this Law pursuant to
Article (54) hereof.
b.
The resolution
dissolving a Civil Society Organisation must determine the time frame for
dissolution. Where required, the Director General may extend this time frame.
c.
The CDA
will appoint one or more liquidators in return for remuneration to be paid from
the funds of the Civil Society Organisation.
d.
A dissolved
Civil Society Association will retain its legal personality to the extent
required for completing its liquidation procedures.
e.
The
Director General will issue a resolution to strike the Civil Society
Organisation off the register of Civil Society Organisations upon completion of
the liquidation procedures. This resolution will be published in the Official
Gazette of the Government of Dubai, and in two widely-circulated daily
newspapers.
a. CDA employees 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 Law and the
resolutions issued in pursuance hereof. For this purpose, they may access Civil
Society Organisations and their facilities, issue the necessary violation
reports, and, where necessary, seek the assistance of police personnel.
b.
Where the violation committed by a Civil Society
Organisation constitutes a crime punishable by law, the CDA will refer the
violation to the competent judicial entity.
Subject to the provisions of Article (47) of this Law,
a Civil Society Organisation may be voluntarily dissolved as stipulated in its
Charter, provided that the CDA is notified thirty (30) days prior to the date scheduled for dissolution.
Without prejudice to the role of the CDA to audit and
supervise Civil Society Organisations, the Concerned Entities may audit the
activities of these organisations in accordance with the applicable
legislation.
Disposition of the
Property of Dissolved Civil Society Organisations
Article (51)
The persons in charge of the affairs of a Civil
Society Organisation which has been voluntarily or involuntarily dissolved may
not dispose of its property and records. The Director General will issue a
resolution determining the method of disposing of the Civil Society
Organisation’s property and records, and the entity to which its rights and
obligations are transferred. This resolution must enable any founder of a Civil
Society Establishment to recover his movable and immovable property, upon
settling all its liabilities to others, and deducting the Donations and grants
received by the Civil Society Establishment.
Subject to a resolution of the General Assembly and
the prior written approval of the CDA, members of Boards of Directors may be
paid remuneration or any other financial consideration for performing their
duties.
The CDA will issue a regulation for governance of
Boards, and will circulate it to Civil Society Organisations to comply with it.
Civil Society Organisations existing in the Emirate
by the effective date of this Law must comply with its provisions, and amend
their Charters accordingly, within one (1) year from the date on which this Law
comes into force, failing which the procedures and measures required for
dissolution and liquidation of violating Civil Society Organisations under this
Law will apply. Where required, the Director General may extend this grace
period once for the same period.
For the purpose of performing its functions under
this Law, the CDA may seek assistance from Government Entities in the Emirate.
Upon request, such entities must provide the CDA with support and assistance.
a.
Any
affected party may submit a written grievance to the Director General against
any decision, procedure, or measure taken against him under this Law within
thirty (30) days of being notified of the contested decision, procedure, or
measure, or upon the expiry of the period stipulated in paragraph (c) of
Article (11) hereof.
b.
The
grievance referred to in paragraph (a) of this Article 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 on the grievance
will be final. This does not prejudice the right to appeal this decision before
the competent court.
In return for issuing Licences and providing
services under this Law and the resolutions issued in pursuance hereof, the CDA
will charge the fees prescribed by a resolution of the Chairman of the Executive
Council.
Fees and fines collected pursuant to this Law and
the resolutions issued in pursuance hereof will be paid to the Public Treasury
of the Government of Dubai.
The Director General will issue the resolutions required for the
implementation of this Law. These resolutions will be published in the Official
Gazette of the Government of Dubai.
The above-mentioned Law No. (96) of 1995 and its amendments
are hereby repealed. Any provision in any other legislation will also be
repealed to the extent that it contradicts the provisions of this Law.
This
Law 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 15 June 2017
Corresponding to 20 Ramadan
1438 A.H.