Decree No. (13) of 2020

Regulating

Dealing in Strategic Commodities 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. (13) of 2007 Concerning Commodities Subject to Import and Export Control and its amendments;

Federal Decree No. (85) of 2007 Concerning the Common Customs Regulation (Law) of the Gulf Cooperation Council Countries;

Federal Law by Decree No. (6) of 2009 Concerning Peaceful Uses of Nuclear Energy;

Law No. (1) of 2001 Establishing the Ports, Customs, and Free Zone Corporation and its amendments; and

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai,

Do hereby issue this Decree.

Definitions

Article (1)

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.

Executive Council:

The Executive Council of the Emirate of Dubai.

DCD:

The Dubai Customs Department.

Strategic Commodities:

Materials and technology that are likely to be used in weapons and missiles, or nuclear materials; or related technologies and software.

Functions of the DCD

Article (2)

For the purposes of this Decree, the DCD will have the duties and powers to:

1.      in coordination with the concerned entities, determine and classify Strategic Commodities and related activities; and establish the requirements, rules, and regulations related to dealing in Strategic Commodities, including exporting, re-exporting, importing, bringing in, freighting, transporting, disposing of, seizing, and returning them to their country of origin;

2.     in coordination with the concerned entities, determine vital sectors in the Emirate where dealing in Strategic Commodities and conducting related activities are authorised;

3.     issue the permits required for dealing in Strategic Commodities and for conducting related activities in accordance with the rules and requirements that ensure the protection of national security and protection of the Emirate against dangers related to illicit use of Strategic Commodities;

4.     control and inspect Strategic Commodities brought into the Emirate through all land, sea, and air ports of entry, in accordance with the requirements and rules adopted in this respect in coordination with the concerned entities;

5.     monitor and inspect public and private establishments authorised to conduct any activity related to Strategic Commodities, and take the necessary action in this respect;

6.     issue certificates of origin for Strategic Commodities in coordination with the concerned entities;

7.     train individuals and establishments on how to handle Strategic Commodities and follow the procedures for dealing in them;

8.     propose fees for the permits issued in accordance with the provisions of this Decree and the resolutions issued in pursuance hereof, in coordination with the Department of Finance; and submit the same to the Executive Council for approval; and

9.     exercise any other duties or powers assigned to it by the Executive Council.

Conditions and Procedures for Issuing Permits

Article (3)

a.     The conditions and procedures for issuing permits for dealing in Strategic Commodities and conducting related activities, and the validity periods of these permits, will be determined pursuant to a resolution issued by the Chairman of the Executive Council in this respect.

b.     The resolution referred to in paragraph (a) of this Article will provide for the following:

1.      the obligations of persons issued with permits for dealing in the Strategic Commodities and conducting related activities;

2.     the fees prescribed for issuing the permits and for providing services related to Strategic Commodities;

3.     the prohibited acts related to Strategic Commodities; and the violations and administrative penalties for committing any of these prohibited acts, or for violating any of the prescribed conditions, rules, and obligations; and

4.     any other matters related to dealing in Strategic Commodities and conducting related activities.

Issuing Implementing Resolutions

Article (4)

The Chairman of the Executive Council will issue the resolutions required for the implementation of the provisions of this Decree.

Commencement and Publication

Article (5)

This Decree comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 25 June 2020

Corresponding to 4 Thu al-Qidah 1441 A.H.



©2020 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.