Law No. (15) of 2021
Establishing the
Dubai Council for the Security of
Border Crossing Points[1]
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We, Mohammed bin Rashid Al Maktoum,
Ruler of Dubai,
After perusal of:
Federal Law by
Decree No. (6) of 2011 Establishing the General Authority for the Security of
Ports, Borders, and Free Zones and its amendments;
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;
Law No. (8) of
2018 Concerning Management of the Government of Dubai Human Resources;
Law No. (5) of
2021 Concerning the Dubai International Financial Centre;
Decree No. (22)
of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree No. (28)
of 2015 Concerning Governance of the Boards and Committees Affiliated to the
Government of Dubai;
Decree No. (4) of
2021 Establishing the Supreme Committee of Emergency, Crisis, and Disaster
Management in the Emirate of Dubai; and
The legislation
establishing and regulating the Government Entities in
charge of supervising Border Crossing Points and free zones in the
Emirate of Dubai,
Do hereby issue this Law.
This Law will be
cited as “Law No. (15) of 2021
Establishing the Dubai Council for the Security of Border Crossing Points”.
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. |
|
Government: |
The
Government of Dubai. |
|
Executive
Council: |
The
Executive Council of the Emirate of Dubai. |
|
Manafth: |
The
General Authority for the Security of Ports, Borders, and Free Zones
established pursuant to the above-mentioned Federal Law by Decree No. (6) of
2011. |
|
Border
Crossing Point: |
Any
border crossing point of the Emirate. This includes land, sea, and air border
crossing points. |
|
Government
Entity: |
Any
of the Government departments; public agencies and corporations; councils;
authorities, including the authorities supervising Special Development Zones
and free zones, such as the Dubai International Financial Centre; or other
public entities affiliated to the Government. |
|
DCSBCP: |
The
Dubai Council for the Security of Border Crossing Points, established
pursuant to this Law. |
|
Chairman: |
The
chairman of the DCSBCP. |
|
Member: |
A
member of the DCSBCP. |
|
General
Secretariat: |
The
general secretariat of the DCSBCP. |
|
Secretary
General: |
The
secretary general of the DCSBCP. |
Pursuant to this
Law, a permanent council named the “Dubai Council for the Security of Border
Crossing Points” is established. The DCSBCP will be responsible for maintaining
the security of, and supervising,
Border Crossing Points; and for representing the Government in all relevant
matters. The
DCSBCP will have legal personality and the legal capacity required to undertake
all acts and dispositions that ensure the achievement of its objectives.
The head office
of the DCSBCP will be located in the Emirate.
The DCSBCP will
have the following objectives:
1.
to enhance the Emirate's
security
capacity to protect Border Crossing Points, with a view to achieving the
security and safety of the community;
2.
to contribute to promoting and protecting
the security of Border Crossing Points, and to upgrade and equip Border
Crossing Points to deal with all
risks and challenges;
3.
to promote coordination and
cooperation amongst the Government Entities in charge of supervising Border
Crossing Points; and to exchange knowledge, expertise, experience, and
practices;
4.
to serve as a
reference authority that represents the Government Entities in charge of
supervising Border Crossing Points before Manafth and
before the relevant local, federal, and regional entities;
5.
to enhance the implementation of the
strategic plan of the Emirate in the areas related to the security of Border
Crossing Points; and
6.
to improve and optimise the
performance of the Government Entities in
charge of supervising Border
Crossing Points, and to ensure their competitive edge at the regional and
international levels.
a.
For the purpose of achieving its
objectives, the DCSBCP will have the duties and powers to:
1.
develop, in coordination with the
concerned entities, the general policy and strategic plans of the Emirate in
respect of Border Crossing Points, and provide opinion and advice to the
Government concerning the security of Border Crossing Points;
2.
develop a comprehensive strategy for
the security and protection of Border
Crossing Points; devise a general policy for the security of Border Crossing
Points, taking into account the objectives and uniqueness of
each Border Crossing Point; and make the recommendations required for
supporting and developing that strategy;
3.
supervise the implementation of the approved
general
policy and strategic plans for the security of Border Crossing Points, in line
with the general orientation of the UAE; and issue the resolutions required for
ensuring the proper implementation of such policy and plans;
4.
standardise the security rules,
regulations, and requirements for Border Crossing Points protection, in line
with the rules, regulations, and requirements adopted by Manafth in
this respect;
5.
supervise the implementation of
security measures and proper
performance of the
inspection
and control processes of Border Crossing
Points, particularly in situations of Risk,
Emergency, Crisis, Disaster, or major regional and global
changes, in coordination with Manafth and other concerned
entities; and establish the preventive measures
and
remedial actions that mitigate
the impact of such Risks, Emergencies, Crises, Disasters, and changes;
6.
coordinate with the Government
Entities in charge of supervising Border Crossing Points to create an
integrated database serving these Border Crossing Points, which
includes
the details related to performance ratings and indicators;
7.
review the legislation and policies affecting the
security and protection of Border Crossing Points, and propose the necessary
action in this regard;
8.
coordinate with Manafth and
the Government Entities in charge of Border Crossing Points on all matters
related to the security and protection of Border Crossing Points to ensure the integration,
and avoid the duplication, of roles;
9.
consider the applications received
by Government Entities in respect of all matters falling within the DCSBCP functions related to
the security
of Border Crossing Points; and issue the necessary resolutions
in
this respect;
10. consider
the applications submitted to the
Government Entities in charge of supervising Border Crossing Points to open
offices or branches of any entities at
Border Crossing Points, and issue the necessary resolutions
in this respect;
11. coordinate
with the Government Entities in charge of supervising Border Crossing Points to
increase the efficiency and preparedness of these Border Crossing Points to
meet all security needs; and develop training and qualification programmes for the
staff
of Border Crossing Points, with a view to dealing
with
all relevant risks and challenges;
12. consider the
current status of Border Crossing Points, and propose appropriate solutions to
promote and develop the same and to eliminate any security hazards or
obstacles they encounter;
13. represent
the Government Entities in charge of supervising Border Crossing Points before Manafth and
before
local, federal, regional, and international entities; and participate with
these Government Entities in local, regional, and international
conferences and exhibitions;
14. issue
binding directives and instructions to Government Entities concerning any
issues affecting the security of Border Crossing Points; follow up compliance
by these entities with the directives and instructions issued to them; and
submit the relevant reports to the Chairman of the Executive Council;
15. approve
the rules, regulations, and requirements related
to
the security and protection of the databases of Border Crossing Points; provide
support and assistance to Government Entities to protect and secure such data;
and prohibit access by any internal or external entity to these
databases without obtaining the approval of the DCSBCP;
16. conduct
studies and research, make proposals, and issue bulletins and statistics as
required to assist the Government in formulating its
strategy for the development of Border Crossing Points, in
coordination with the Government Entities in charge of supervising Border
Crossing Points;
17. organise,
co-organise, and hold conferences, symposia, workshops, and seminars on matters
related to the security and protection of Border Crossing Points;
18. form,
pursuant to resolutions issued by the Chairman, specialised
permanent and temporary committees and work teams to assist it in
performing its duties. These resolutions will determine the duties, powers, and
terms
of reference of committees and work
teams and any other matters related to them;
19. seek
assistance, as it deems appropriate, from
competent experts and specialists in the field of security and protection of
Border Crossing Points;
20. set
the DCSBCP's action plan,
develop the relevant performance indicators and quantitative goals to be
achieved; measure progress in the implementation of the action plan; develop
improvement plans in light of the achieved outcomes; and submit the relevant
periodic reports to the Executive Council;
21. submit
to the Executive Council periodic reports which include the
latest progress of work on the strategic programmes and the policies of the DCSBCP;
its recommendations, the outcomes of its work, and its achievements in the area
of security
and protection of Border Crossing Points; the
challenges and obstacles faced by the DCSBCP in
the performance of its duties; and the proposed
action
to address and overcome these challenges and obstacles;
22. collaborate with
concerned Government Entities to take the
necessary action to secure the economic interests of the Emirate at all times;
23. own
the real property, movables, assets, devices, equipment, and other property
allocated for the work of the DCSBCP; and
24. exercise
any other duties or powers required for the achievement of the DCSBCP
objectives and the security and protection of Border Crossing Points, as
assigned to the DCSBCP by the Ruler or the Chairman of the Executive Council.
b.
The DCSBCP may delegate any of its
powers under paragraph (a) of this Article to the Chairman, to
the vice
chairman, to any of the
Members, to a committee
comprised of Members, or to the Secretary General, provided that such
delegation is specific and in writing.
The DCSBCP will be formed of the Chairman, a vice chairman, and a number of other Members, appointed pursuant to a
decree of the Ruler. Members must include representatives from the Government
Entities in
charge of
supervising Border Crossing Points and from other Government Entities.
a.
The Chairman will undertake the
general supervision of the work and activities of the DCSBCP. In particular,
the Chairman will have the duties and powers to:
1.
assume leadership and provide
guidance,
with a view to ensuring that
all the functions assigned to the DCSBCP are performed in an efficient and
effective manner;
2.
approve the general policy of the DCSBCP
and the strategic plans and objectives in
respect of promoting and protecting the security of Border
Crossing Points; and submit the same,
through the General Secretariat, to the Executive Council for approval;
3.
ensure effective performance of the
work of the DCSBCP by presiding over its meetings and managing its discussions;
4.
approve the resolutions regulating
the administrative, technical, and financial work of the DCSBCP;
5.
approve the organisational structure
of the DCSBCP and the General Secretariat with a view to enabling the DCSBCP to
implement and develop its plans, projects, and programmes;
6.
approve the draft annual budget and
Financial Statements of the DCSBCP, and submit the same, through the General
Secretariat, to the concerned entities in the Emirate for final approval;
7.
approve the plans, programmes, and
initiatives related to the security and protection of Border Crossing Points;
8.
motivate the full and effective
participation of all Members to ensure the achievement
of the objectives of the DCSBCP; and
9.
ensure effective communication among
Members, and convey their viewpoints, proposals, and recommendations to the
Executive Council; and
10. perform
any other duties assigned to him by the Ruler or the Chairman of the Executive
Council, or delegated to him by the DCSBCP.
b.
Where the Chairman is absent or his position
falls vacant for any reason whatsoever, the vice chairman will exercise the Chairman's
duties
and powers stipulated in this Law, the resolutions issued in pursuance hereof,
and other legislation in force in the Emirate.
c.
The Chairman may delegate any of his
duties or powers under this Law and the resolutions issued in pursuance hereof
to the vice chairman, to any Member, to a committee
of Members, or to the Secretary General, provided that such delegation is
specific and in writing.
a.
The DCSBCP will convene at the
invitation of its Chairman, or vice chairman if the Chairman is absent, at
least once every two (2) months, or where required. Meetings of the DCSBCP will
be valid if attended by the majority of Members, provided that its Chairman or
vice chairman is in attendance.
b.
Resolutions and recommendations of
the DCSBCP will be passed by majority vote of the attending Members; and in the
event of a tie, the chair of the meeting will have the casting vote.
c.
Resolutions of the DCSBCP will
be recorded in minutes signed by the chair of the meeting and attending
Members.
d.
Where a Member objects to any of the
resolutions
or recommendations of the DCSBCP, this Member may record his objection in
writing in the minutes of the relevant meeting or in a separate written
document.
a.
A rapporteur will be appointed to
the DCSBCP by the Secretary General from amongst the Employees of the General
Secretariat.
b.
The rapporteur of the DCSBCP will
have the duties to:
1.
prepare the DCSBCP meeting agendas
in accordance with the rules approved by the Chairman in this respect, and
notify the Members of the same within sufficient time prior to meetings;
2.
send invitations to the Members to
attend its meetings at the time and place determined by the Chairman;
3.
draft minutes of the DCSBCP
meetings, have them signed by the Members, and submit the same to the Chairman
for approval;
4.
coordinate with the General
Secretariat to follow up the implementation of the resolutions,
recommendations, directives, and proposals of the DCSBCP; and
5.
perform any other duties assigned to
him by the Chairman or the Secretary General.
a.
The DCSBCP will have a General
Secretariat comprised of a Secretary General,
appointed pursuant to a resolution of the Chairman of the Executive Council
upon the recommendation of the Chairman, and a number of administrative,
finance, and technical Employees, to whom the above-mentioned Law No. (8) of
2018 and the resolutions issued in pursuance thereof will apply.
b.
The General Secretariat will support
the DCSBCP in achieving its objectives and in exercising its duties and powers
under this Law, the resolutions issued in pursuance hereof, and other
legislation in force in the Emirate. In particular, the General Secretariat
will have the duties and powers to:
1.
develop, in coordination with the
concerned Government Entities, the policies and strategies required for the
security and protection of Border Crossing Points, submit the same to the DCSBCP
for discussion in preparation for approval by the Chairman, and monitor and
follow up the implementation of these policies and strategies upon approval;
2.
provide technical and administrative
support services to enable the DCSBCP to exercise its duties and powers; and
supply it with the data, information, statistics, and studies it requests;
3.
provide the administrative support
required by the committees and work teams formed by
the DCSBCP; follow up the implementation of their duties; and submit, through
the Secretary General, the required reports on the same to the DCSBCP to issue the
relevant directives as it deems appropriate;
4.
in coordination with the concerned
Government Entities in the Emirate, review the legislation related to the
functions of the DCSBCP and propose draft legislation or legislation amendments
in accordance with the relevant economic and
security requirements, with a view to preserving the
interests and strategic position of the Emirate;
5.
review, from a technical
perspective, all matters listed on the agendas of the DCSBCP meetings; and
prepare the required relevant reports;
6.
prepare, in coordination with the
entities represented in the DCSBCP, the draft resolutions of the DCSBCP to be issued by the Chairman;
submit the same to the Chairman for approval; and follow up their
implementation;
7.
prepare the bylaws, resolutions, and
regulations governing the administrative, financial, and technical work of the DCSBCP;
and submit the same, through the
Secretary General, to the Chairman for approval;
8.
prepare annual reports on the
performance of the DCSBCP; and submit the same to the DCSBCP to issue the
relevant directives as it deems appropriate;
9.
receive all reports, studies, plans,
projects, programmes, proposals, and other requests submitted to the DCSBCP by
the Government Entities in charge of supervising Border Crossing Points; and
present the same to the DCSBCP to issue the
relevant directives as it deems appropriate;
10. receive
the reports submitted to the DCSBCP by the Government Entities in
charge of supervising Border Crossing Points on their work
progress; and present the same to the DCSBCP to issue the
relevant directives as it deems appropriate; and
11. exercise
any other duties or powers assigned or delegated to it by the Chairman or the DCSBCP.
c.
The Secretary General will be
directly responsible to the Chairman for exercising the
powers and duties assigned to him pursuant to this Law, the
resolutions issued in pursuance hereof, and other
legislation in force in the Emirate. In particular, the Secretary General will
have the duties and powers to:
1.
follow up the implementation of the
general policy and strategic plans and objectives of the DCSBCP; and
the operational plans, programmes, and initiatives approved by the Chairman and
the DCSBCP;
2.
supervise the regulatory,
administrative, and technical affairs of the DCSBCP and the General
Secretariat;
3.
follow up the implementation of the
resolutions issued by the Chairman and the DCSBCP;
4.
prepare a quarterly report on the
work and activities of the General Secretariat, and submit it to the DCSBCP;
5.
follow up the work of the committees
and work teams formed by the DCSBCP, and submit the required reports and
recommendations on the same to the DCSBCP;
6.
appoint the technical and
administrative body of the General Secretariat in accordance with the relevant
resolutions approved by the Chairman; and supervise its daily work;
7.
supervise the provision
of
technical, administrative, and secretarial support by the
General Secretariat to the DCSBCP, and to the committees and
work teams formed by the DCSBCP; and provide media coverage for their work,
activities, and achievements;
8.
ensure synergy and coordination
between the Government Entities in charge of supervising Border Crossing Points
and other entities;
9.
prepare the draft annual budget and
Financial Statements of the DCSBCP, and submit the same to the DCSBCP for
discussion in preparation for approval by the Chairman;
10. prepare
the organisational structure of the DCSBCP and General Secretariat, and submit
it to the Chairman for approval;
11. represent
the DCSBCP before third parties and execute contracts, agreements, and
memoranda of understanding with local, federal, regional, and international
entities in areas of expertise relevant to the work of the DCSBCP; and
12. exercise
any other duties or powers assigned or delegated to him by the Chairman or the DCSBCP.
d.
The Secretary General may delegate
any of his powers under paragraph (c) of
this Article to any of the General Secretariat Employees, provided that this
delegation is specific and in writing.
a.
All Government Entities in
charge of supervising Border Crossing Points, and
other Government Entities, must fully
cooperate with the DCSBCP and provide it with the data, statistics, information,
and studies it requests and deems necessary to enable it to achieve its
objectives and exercise its duties
and powers under this Law, the resolutions issued in pursuance
hereof, and other
legislation in force in the Emirate.
b.
For the purpose of performing its
functions under this Law, the DCSBCP may seek assistance from the Government
Entities in charge of supervising
Border Crossing Points and other Government Entities. These entities must, upon
request, provide the DCSBCP with support and assistance.
Without prejudice
to the duties and powers of the DCSBCP under this Law, the Government Entities in charge of supervising
Border Crossing Points will retain the legal personality vested in them under
the legislation establishing them or regulating their work; and will continue to exercise the
duties and powers assigned to them under such legislation.
The financial
resources of the DCSBCP will consist of:
1.
the support allocated to the DCSBCP
in the General Budget of the Government; and
2.
any other resources approved by the
Executive Council.
a.
In managing its accounts and
records, the DCSBCP will apply the government accounting rules and principles.
b.
The Financial Year of the DCSBCP
will commence on 1 January and will end on 31 December of each Year, except
that the first Financial Year will commence on the date on which this Law comes
into force and will end on 31 December of the following Year.
The provisions of
the above-mentioned Decree No. (28) of 2015, or any other superseding
legislation, will apply to the DCSBCP's
business, particularly the duties of the Chairman and Members.
With the
exception of the resolutions which the Chairman of the Executive Council is
exclusively authorised to issue under this Law, the Chairman will issue the
resolutions required for implementing the provisions of this Law.
Any provision in
any other legislation will 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 14 September
2021
Corresponding to 7 Safar 1443 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.