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superseded by the following: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