Executive Council Resolution No. (53) of 2022

Amending Executive Council Resolution No. (5) of 2021

Issuing the Implementing Bylaw of Law No. (1) of 2016 Concerning the

Financial Regulations of the Government of Dubai[1]

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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (5) of 1995 Establishing the Department of Finance;

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai; and

Executive Council Resolution No. (5) of 2021 Issuing the Implementing Bylaw of Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai,

Do hereby issue this Resolution.

Superseded Article

Article (1)

Article (25) of the above-mentioned Executive Council Resolution No. (5) of 2021 is hereby superseded by the following:

Payment of Outstanding Public Funds by Instalments

Article (25)

a.    A Government Entity will prepare a list of the Public Funds that may be paid by instalments and will submit the same to the DOF for approval. The list must be prepared in accordance with the relevant rules and criteria adopted by the DOF.

b.    The Head of a Government Entity or his authorised representative may, based on an application submitted to the Government Entity by the obligor or debtor, or his legal representative, authorise the payment by instalments of any Public Funds set forth in the list referred to in paragraph (a) of this Article. The application will be determined in accordance with the rules and procedures stipulated in this Article.

c.     Payment of Public Funds by instalments is subject to the following conditions:

1.    The Public Funds must be due by the date on which the application for payment by instalment is submitted.

2.    The amount of Public Funds to be paid by instalments must not be less than the minimum amount determined by the DOF. In determining this minimum amount, the type and nature of the Public Funds should be taken into account.

3.    The applicant for payment by instalments must prove his inability to pay the total outstanding amounts in one payment.

4.    The applicant for payment by instalments must make an initial payment of at least twenty-five percent (25%) of the outstanding amount of Public Funds to be paid by instalments.

5.    The instalment period must not exceed five (5) years, or the period in respect of which the Public Funds are payable, whichever is shorter.

6.    Instalments must be paid by bank cheques or by providing any other guarantees or security as prescribed by the DOF.

7.    Any other conditions prescribed by the DOF must be satisfied.

d.    Notwithstanding the provisions of sub-paragraph (c)(4) of this Article, the Head of a Government Entity or his authorised representative may, upon a request submitted by the applicant for payment by instalments, modify the percentage that must be paid before approving his application.

e.    An applicant for payment by instalments must, within fifteen (15) days from being notified of the decision approving the application for payment by instalments, submit guarantees or security in the same amount payable by him, as prescribed by the DOF. The guarantees or security must be valid throughout the instalment period and until full payment is made. Where the applicant for payment by instalments fails to pay the instalments by the prescribed deadlines, the decision approving the payment by instalments will be deemed null and void.

Publication and Commencement

Article (2)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 13 August 2022

Corresponding to 15 Muharram 1444 A.H.

 

 



2022 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.