Decree No. (25) of 2021
Regulating
Dealing in Dual-use 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 Law by Decree No. (6) of 2009
Concerning Peaceful Uses of Nuclear Energy;
Law No. (5) of 1995 Establishing the
Department of Finance;
Law No. (3) of 2003 Establishing the
Executive Council of the Emirate of Dubai;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai and its Implementing Bylaw;
Law No. (12) of 2016 Regulating the
Security Industry in the Emirate of Dubai and its amendments;
Decree No. (13) of 2020 Regulating
Dealing in Strategic Commodities in the Emirate of Dubai; and
Resolution No. (9) of 2020 Concerning
Performance of the Functions Related to Strategic Commodities,
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:
|
Emirate: |
The Emirate of
Dubai. |
|
Ruler: |
His Highness the
Ruler of Dubai. |
|
Executive Council: |
The Executive
Council of the Emirate of Dubai. |
|
SIRA: |
The Security
Industry Regulatory Agency
in the Emirate. |
|
Board of Directors: |
The board of
directors of SIRA. |
|
Dual-use
Commodities: |
The materials,
technologies, products, and equipment that may be used for civil or military
purposes in the preparation, manufacture, or development of
weapons, missiles, or nuclear
material; or related technologies and software. |
For the purposes of this Decree, SIRA
will have the duties and powers to:
1. in coordination with the Concerned Entities in the Emirate, determine and classify Dual-use Commodities and related activities; and establish the requirements, rules, and regulations related to dealing in Dual-use 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 in the Emirate, determine vital sectors in the Emirate where dealing in Dual-use Commodities and conducting related activities are authorised;
3. issue the permits required for dealing in Dual-use 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 Dual-use Commodities;
4. control and inspect Dual-use 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 by the Board of Directors in coordination with the Concerned Entities;
5. monitor and inspect public and private establishments authorised to conduct any activity related to Dual-use Commodities, and take the necessary action in this respect;
6. issue certificates of origin for Dual-use Commodities in coordination with the Concerned Entities;
7. train individuals and establishments on how to handle Dual-use 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 Ruler or the Chairman of the Executive Council.
a. The conditions and procedures for issuing permits for dealing in Dual-use 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 Dual-use Commodities and conducting related activities;
2. the fees prescribed for issuing the permits and for providing services related to Dual-use Commodities;
3. the prohibited acts related to Dual-use 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 matter related to dealing in Dual-use Commodities and conducting related activities.
With the exception of the resolutions
which the Chairman of the Executive Council is authorised to issue under this
Decree, the chairman of the Board of Directors will issue the resolutions
required for implementing the provisions of this Decree.
The above-mentioned Decree No. (13) of
2020 and Resolution No. (9) of 2020 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 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 12 July 2021
Corresponding to 2 Thu al-Hijjah 1442
A.H.
©2021 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.