Dubai
Chambers Board of Directors Resolution No. (7) of 2024
Approving
the Requirements and
Procedures
for Issuing Certificates of Origin[1]
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The Chairman of the Board of Directors of the
Dubai Chambers,
After perusal of:
Federal Law No. (11) of 2019
Concerning the Rules and Certificates of Origin and its Implementing Bylaw;
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. (1) of 2022 Establishing
the Dubai Chambers;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai; and
The legislation establishing and
regulating free zones in the Emirate of Dubai, and
Based on the approval of the Board
of Directors of Dubai Chambers at its meeting on 28 February 2023,
Does 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:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Competent Entity: |
The Department of Economy and Tourism in the
Emirate of Dubai, or any other government entity in charge of licensing
economic activities in the UAE, including the authorities supervising Special
Development Zones and free zones, such as the Dubai International Financial
Centre. |
|
Competent Department: |
The organisational unit, within the Dubai
Chambers, in charge of considering the applications for Certificates of
Origin. |
|
Certificate of Origin: |
A document stating the country where a
product is produced. |
|
Exporter: |
A natural or legal person who wishes to
export or re-export Commodities. |
|
Invoice: |
A commercial invoice issued by an Exporter, which contains the details of Commodities intended for
export or re-export. |
The types of Certificates of Origin issued by the Dubai Chambers are as
follows:
1. non-preferential Certificates of Origin for domestic Commodities intended for export; and
2. Certificates of Origin for foreign Commodities
intended for re-export.
a. The approval to issue a Certificate of Origin
will be subject to the following:
1. The Exporter must have an active membership
with the Dubai Chambers.
2. The application for Certificate of Origin must
clearly state the name of the consignor and consignee.
3. The information stated in the application for
Certificate of Origin must match the information on the Invoice.
4. The Invoice must include the Exporter's trade name.
5. The Invoice issue date must precede or coincide with the date of the Certificate
of Origin application.
6. The Invoice must state the country of origin.
References to economic communities or economic organisations of
countries or regions are not
acceptable as the country of origin.
7.
Trading in
the Commodities listed on the Invoice must fall within the scope of the
economic activities the Exporter is authorised to conduct.
b.
In addition to the requirements
stipulated in paragraph (a) of this Article, for the issuance of a non-preferential Certificate of Origin for domestic Commodities intended for export to be approved, the Commodities
must have been produced in the UAE by an Exporter licensed by a Competent Entity.
c.
The requirements stipulated
in paragraph (a) of this Article do not apply to natural persons applying for the issuance of Certificates of Origin for Commodities intended for
personal use.
d.
A Certificate of Origin for a Commodity
may not be issued where the information stated in the application for that certificate indicates that the Commodity is associated with a religion, a race, or any other discriminatory practices.
e.
Notwithstanding the provisions of sub-paragraph (a)(2) of this Article, a
Certificate of Origin may include the names of persons other than the consignor and the consignee,
such as the buyer, the seller, or any other
person as requested by the Exporter to streamline the
procedures adopted by certain entities, including banks, for the purpose of obtaining bank credits.
In issuing Certificates of Origin, the following procedures will apply:
1. A Certificate of Origin application will be submitted, by the Exporter or his
authorised representative, through the electronic system adopted by the Dubai
Chambers, supported by the following documents:
a.
a copy of the Invoice including
the required information as per Article (3) of this Resolution, where the
application is submitted by a legal person authorised
by a Competent Entity;
b.
a copy of the applicant's valid
passport or Emirates Identity Card, where the application is
submitted by a natural person for personal use; and
c.
any other documents required by
the Competent Department.
2. The Competent Department will register the Certificate of Origin application and notify the applicant of the receipt of his
application.
3. The Competent Department will consider the
application and verify that it meets all relevant requirements and is
accompanied by all required documents. The Competent Department may require any
other documents it may deem necessary for considering the application.
4. Where the application is rejected, the
Competent Department will notify the applicant of the reasons for rejection.
5.
Where the
application is approved, the applicant will be instructed to pay the relevant
prescribed fees, whereupon the Competent Department will issue the Certificate
of Origin.
Additional information may, upon the request of the Exporter, be
included in the Certificate of Origin subject to the Competent Department's
discretion in assessing whether or not the addition of such information is needed.
A Certificate of Origin will be valid for a period of six (6) months
from the date on which it is issued by the Competent Department.
The Dubai Chambers will maintain
an electronic register for recording all the Certificates of Origin it issues. Copies of the issued Certificates of Origin
will be retained in the register for a period of three (3) years.
This Resolution will be published in the Official Gazette and will come
into force on the day on which it is published.
Abdul Aziz Abdulla Al Ghurair
Chairman of the Board of Directors
Dubai Chambers
Issued in
Dubai on 6 March 2024
Corresponding to 25 Shaban1445 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.