Executive
Council Resolution No. (5) of 2024
Approving
the Principles of
Facilitating the
Investor’s
Journey in the Emirate 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:
Federal Law by Decree No. (32) of 2021 Concerning Commercial Companies;
Law No. (13) of 2011 Regulating the Conduct of Economic Activities in
the Emirate of Dubai and its amendments;
Law No. (26) of 2015 Regulating Data Dissemination and Exchange in the
Emirate of Dubai;
Law No. (5) of 2021 Concerning the Dubai International Financial Centre;
Law No. (20) of 2021 Establishing the Department of Economy and Tourism
in the Emirate of Dubai;
Law No. (26) of 2023 Concerning the Executive Council of the Emirate of
Dubai;
Decree No. (22) of 2009 Concerning Special Development Zones in the
Emirate of Dubai;
Decree No. (13) of 2024 Establishing the Unified Digital Window for
Establishing Companies in the Emirate of Dubai; and
The legislation establishing and regulating free zones in the Emirate of
Dubai,
Do
hereby issue this Resolution.
The following words and expressions, wherever mentioned in this
Resolution, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Decree: |
Decree No. (13) of 2024 Establishing the
Unified Digital Window for Establishing Companies in the Emirate of Dubai. |
|
DET: |
The Department of Economy and Tourism in the
Emirate of Dubai. |
|
Licensing Entity: |
The DET or any of the authorities supervising
Special Development Zones and free zones, including the Dubai International Financial Centre. |
|
Competent Entity: |
A federal or local government entity
which is in charge of regulating,
supervising, and monitoring the conduct of Economic Activities in the
Emirate, and whose applicable legislation requires the issuance of the relevant Permits and Approvals authorising Companies to conduct their activities. |
|
Investor: |
A natural or legal person who establishes a
Company, through the Digital
Window, and
conducts an Economic Activity in the Emirate in accordance with the
legislation in force. |
|
Company: |
This includes: 1.
any company that takes one of the legal forms stipulated in the above-mentioned
Federal Law by Decree No. (32) of 2021; 2.
any civil company or sole proprietorship regulated by the legislation
in force in the Emirate; and 3.
any company or establishment that takes one of the legal forms stipulated in the legislation in
force in free zones, including the Dubai International Financial Centre. |
|
Economic Activity: |
Any commercial, industrial, artisan,
occupational, agricultural, service, or other for-profit activity authorised
in the Emirate in accordance with the legislation in force. |
|
Licence: |
An electronic document which
is issued
by a Licensing Entity through
the Digital Window, and under which a
Company is established and its articles of association
are approved. |
|
Permit/ Approval: |
An electronic document which
is issued by
a Competent Entity through the
Digital Window, and under which a Company is authorised to conduct its activity after fulfilling the technical and specialised
conditions and requirements approved by that Competent Entity. |
|
Digital Window: |
A unified Digital Platform called “Invest in
Dubai”
developed in the Emirate with the aim of simplifying
and regulating the procedures for issuing, renewing, cancelling, and amending
Licences, Permits, and Approvals. This platform is used by Investors to establish Companies,
and is electronically connected
to the electronic systems of Licensing Entities and Competent Entities, each within its own jurisdiction. |
|
Manual: |
An electronic document containing the
procedures, conditions, requirements, and time frames that must be satisfied,
observed, and complied
with, and the fees that must be
paid, for
issuing, renewing, cancelling, and amending Licences by the DET and for issuing, renewing,
cancelling, and amending Permits, and Approvals. |
|
Investor’s Journey: |
A set of procedures, requirements, and steps
that an Investor goes through, starting from the submission of a Licence application until obtaining the Permits and Approvals authorising
that Investor to conduct his
Economic Activity. |
As of the
effective date of the Decree, the principles of
facilitating the Investor's Journey approved pursuant to this Resolution apply
to all Licences, Permits, and Approvals issued by Licensing Entities and Competent Entities, each within its own
jurisdiction, in relation to conducting
Economic Activities in the Emirate.
A.
Licensing Entities and
Competent Entities must facilitate the Investor's Journey in the
Emirate, and must take the relevant necessary action and measures. In
particular, they must adhere to the following
principles:
1. Processing Applications through the Digital
Window
This
requires Licensing Entities and Competent Entities to
establish electronic connection with the Digital Window, and to process all
Investors’ applications for Licences, Permits, and Approvals,
and perform all other procedures and services, through the Digital
Window.
2. Unified Digital Data Entry
This
requires the following:
a.
registering and authenticating Investors’
accounts through the Digital Window;
b.
adopting the use of the
Data and information of Investors and their
partners, and the details of Licences and Company
websites, entered in the Digital Window;
c.
refraining from requesting from
Investors any Data or information that can be
obtained from the Digital Window or from Government Entities;
d.
adopting the use of the
electronic signatures of Investors
without requiring their attendance in person to the premises
of Licensing Entities and Competent Entities when
submitting their applications; and
e.
updating the Data and information of Investors
as prescribed by the DET in this respect.
3. Instant Licence Issuance
This
requires the following:
a.
issuing Licences instantly and digitising the
licensing procedures, rules, conditions, and requirements available on the
Digital Window and in the Manual. This applies to the Licences issued
by the DET, but does not apply to the activities determined pursuant to the
relevant resolution of the Chairman of the Executive Council on the
grounds that the public interest and optimal
regulation of these activities require the issuance of the relevant
Permits or Approvals before issuing Licences;
b.
adopting the use of
an acknowledgement and undertaking form to be signed by Investors, in
which they acknowledge awareness of the procedures, rules, conditions, and
requirements related to the Economic Activities they intend to conduct; and undertake to
fulfil all these procedures, rules, conditions, and requirements before and
during the conduct of Economic Activities. This includes fulfilling,
subject to legal liability, any requirement
to obtain the necessary Permits and Approvals
from Competent Entities;
c.
refraining from stipulating any requirements in
terms of academic qualifications, technical specialisations,
or professional licences to issue Licences to Investors, even if the same
are essential for conducting the respective Economic Activities,
unless the legislation in force in the Emirate stipulates that these requirements
must be fulfilled before issuing the Licences to conduct such
activities;
d.
separating the process of issuing
Licences from the processes of issuing the
Permits and final Approvals required for conducting Economic Activities by postponing
the issuance of Permits and Approvals, as a
prerequisite for commencing the respective Economic Activities,
until after the issuance of Licences;
e.
verifying fulfilment of the
requirements prescribed by the legislation in force
after issuing any Licence and before commencing the Economic
Activity, including:
1.
the qualifications of staff;
2.
bank guarantees; and
3.
the conduct of on-site inspection of the
place where the Economic Activity will be conducted, where this
inspection is required for issuing the Permit or
Approval, to verify that the conditions and requirements for conducting the
Economic Activity are met, within a maximum of three (3) working days after
receiving an application that meets all the relevant
conditions and requirements.
4. Instant Licence Renewal
This
requires the following:
a.
renewing Licences instantly as soon
as the renewal conditions are met and the relevant fees
are paid; and
b.
refraining from associating the
renewal of Licences to the fulfilment of any
procedures, measures, or requirements related to the issuance of Permits or
Approvals.
5. One-step Fee Payment
This
requires the following:
a.
integrating the methods of payment
of Licence issuance fees into the Digital Window; and
b.
clearly specifying the break-up of
fees.
6. Ease and Flexibility in Conducting Economic
Activities
This
requires the following:
a. refraining
from stipulating the provision of a minimum number of staff,
machines, or vehicles as a prerequisite for
issuing Licences. Where the terms of a License stipulate the fulfilment of any
such conditions, these conditions will apply for
the purpose of conducting the Economic Activity based on the size of the
relevant projects and contracts;
b. refraining
from stipulating the provision of spaces with certain area at the
premises where any Economic Activity is
conducted unless the provision of the same is required for
conducting the activity by the legislation in force; and
c. ensuring
that the procedures, rules, conditions, and requirements for issuing Permits
and Approvals are available on the Digital Window and in the
Manual.
7. Standardising and Updating the Procedures, Rules, Conditions,
and Requirements
This
requires the following:
a.
ensuring that the procedures, working
rules, conditions, and requirements related to the Licences issued by Licensing
Entities and the Permits and Approvals issued by the
Competent Entities, as well as any amendments made to the
same, are available on the Digital Window and in the
Manual, in the Arabic and English language in a clear
format that is easily understandable by
Investors;
b.
publishing the Manual on the Digital Window; and
c.
reviewing and evaluating the procedures, rules,
conditions, and requirements periodically to ensure that they are in
line with the latest developments and best international practices.
B.
The principles of
facilitating the Investor’s Journey stipulated in paragraph (a) of this Article
apply without prejudice to the conditions, procedures, requirements, time
frames, and rules adopted by any of the authorities
supervising Special Development Zones and free zones, including the
Dubai International Financial Centre.
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 2 March 2024
Corresponding to 21 Shaban
1445 A.H.
©2024 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.