Law No. (1) Of 2000
Of Dubai
Technology, Electronic
Commerce
& Media Free Zone
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We, Maktoum Bin Rashid Al Maktoum, The Ruler of Dubai,
do hereby enact the following Law:
Article (1)
This Law may be cited as Dubai Technology, Electronic
Commerce and Media Free Zone Law. No. (1) of 2000.
Article (2)
The following words and phrases
shall have the respective meaning assigned to each of them, unless the context
requires otherwise:
The Ruler: |
H. H. The Ruler of Dubai. |
The Government: |
The
Government of Dubai. |
The Emirate: |
The Emirate of Dubai. |
The State: |
The United
Arab Emirates. |
Free Zone: |
Dubai
Technology and Electronic Commerce and Media Free Zone. |
Authority: |
The Free Zone Authority. |
President: |
The
President of the Authority. |
Director General: |
The Director General of the
Authority. |
Electronic Commerce: |
business which is conducted by
an electronic medium predominantly on the Internet. |
Technology: |
All aspects of computing, data
recording, television, video, telecommunications, storing, retrieval and
sending of information by the use of
technology, computer equipment, computer hardware and software,
telecommunications systems and networks, including, without limitation, those
referred to in Article 10 herein. |
Media: |
Human and technological methods available for the communication
and distribution of printed or digital, audio and visual information to
specified or unspecified parties, including without limitation, cable and
satellite television broadcasting, and television production. |
Products: |
All goods including, without limitation, materials, equipment
and merchandise of all types whatsoever. |
Free Zone Establishment: |
Any natural or corporate person licensed
to carry on business in the Free Zone pursuant to this law and the by-laws
issued in relation thereto, including all kinds of commercial companies. |
Other Free Zones: |
Jebel Ali Free Zone, Dubai
International Airport Free Zone, and any other zone or zones established in
the Emirate. |
Article (3)
There shall
be established by this Law:
a)
A Free Zone
to be known as Dubai Technology , Electronic Commerce and Media Free Zone, which location, area and boundaries
shall he as set out in the map attached to this Law.
b)
A corporate
entity known as Dubai Technology; Electronic Commerce and Media Free Zone,
which shall be financially and administratively independent and may sue or be
sued in this capacity. Its headquarters shall be in the Free zone, and it shall
be a government body.
Article (4)
The Free Zone
Authority shall be constituted of:
a)
A president.
b)
A director general.
c)
An executive body.
Article (5)
The President shall be appointed by decree to be issued
by the Rules, and shall undertake the supervision of
the Free Zone. The President shall have the power to issue rules and by-laws necessary for the operation and administration of
the Free Zone, and for the implementation of this Law.
Article (6)
The Director
General shall be appointed by decree to be issued by the Ruler, and shall
undertake the administration of the Free Zone, under the supervision of the
President in accordance with the provisions of this Law and the rules and bylaws
issued in relation thereto and shall represent the Authority towards third
parties.
Article
(7)
The President shall issue a special by-law governing the
recruitment and appointment of employees of the Authority's Executive Body, and the terms and conditions of their employment, dismissal, salaries, duties, rights and other
matters relating to them.
Article (8)
The objects of the Authority shall be:
a)
To draw up strategies and policies, and methods of implementation thereof, in order to promote Dubai as a
center for Technology, Electronic Commerce and Media.
b)
To prepare researches and advise the Government in relation to
laws appropriate to the regulation and encouragement of Technology, Electronic
Commerce and Media in the Emirate, including but not limited to:
1)
Data protection.
2)
Protection of intellectual
property right.
3)
Control of Electronic Commerce
crimes.
c)
To establish, own and develop, either solely or with others,
establishments in the Free Zone, including but not limited to, a University and
a Research Centre.
d)
To co-ordinate with the other Free Zones in relation to matters of
mutual interest.
Article (9)
To achieve its
objects, the Authority shall undertake the following
functions and responsibilities:
1)
Procure
infrastructure, buildings, management and any other services required to achieve the Authority's objects.
2)
Regulate
business and activities within the Free Zone.
3)
Provide telecommunications
and Internet services.
4)
Authentication
of Internet and Electronic Commerce sites and issuing the necessary terms and
conditions in relation thereto. The Authority may also license other establishments
within the Free Zone to authenticate such sites.
5)
Establish and
license establishments in the Free Zone.
6)
Regulate
commerce between establishments in the Free Zone and any other parties outside
the Free Zone.
7)
Enter into
agreements with other Free Zones to enable the Free Zone establishments to
carry on business in such other zones.
8)
Provide the
Free Zone establishments, upon request, with executives, managers technicians,
craftsmen and other workers in accordance with the provisions of this Law and
the by-laws issued in relation thereto, subject to any terms and conditions
agreed upon by the Authority and these establishments.
9)
Enter into
leases of plots and buildings in the Free Zone for a period up to (50) years,
with any establishment in the Free Zone, to enable it to carry on its activity
according to terms and conditions agreed upon.
10)
Provide all
kinds of services.
11)
Charge and
levy fees for the services provided by the Authority.
12) Establish an investment fund for providing
capital to the Free Zone establishments, and for investing the Authority's
funds in the manner and method, and in the activities and projects, which the
Chairman deems fit.
Article (10)
The business and activities carried on the Free Zone shall include
the following:
1)
The design, development, use and maintenance of everything
relevant to Information Technology.
2)
Business of Electronic Commerce.
3)
Telecommunications and media services.
4)
Providing services through the Internet or through any other
medium including banking, financial services, insurance, education, call
centers, marketing operations, information and recreation services.
5)
Integrated marketing and public relations services.
6)
Assembly and packaging of products manufactured within or outside
the Free Zone.
7)
Import, export and storage of products.
8)
Development and manufacture of products.
9) Warehousing, logistics,
distribution and redistribution services.
Article (11)
Subject to the provisions of
Article (23) of this Law and the by-laws issued in relation thereto, the Free
Zone shall be open to all kinds of products from all sources, whether national
or foreign.
Article (12)
The products
brought, manufactured, produced or developed in the Free
Zone shall be exempt from customs duties, and shall not be subject to any
customs duties or any other fees when exported.
Article (13)
Products kept in the Free Zone,
used in any process, or integrated in the manufacturing of any product in the
Free Zone shall be exempt from customs duties.
Article (14)
Products imported from the Free
Zone to the "Customs Zone" in Dubai shall be deemed to have been
imported from abroad for the first time, and shall be subject to custom duties,
in accordance with the applicable customs tariff.
Article (15)
Free Zone
establishments and employees shall be exempt from all taxes including income
tax with regard to their operations within the Free Zone. They shall also be
excluded from any restrictions on transfer of capital, profits or wages in any currency to any place outside the Free Zone for a
period of (50) years. This period may be renewed for further similar periods by a resolution issued by the Chairman. Such
period shall be calculated from the date of the beginning of work of
such establishments or employees.
Article (16)
Assets or activities of the Free Zone
establishments shall not be subject to nationalization or
any measures restricting private ownership, throughout
the period of their activities in the Free Zone.
Article (17)
Free Zone
establishments may employ or hire whomsoever they choose in their operations in
the Free Zone, provided that such employees are not subject to any countries
politically or economically boycotted by the State.
Article (18)
The employees and establishments
of the Free Zone, shall not be subject, in so far as their operations in the
Free Zone are concerned, to the laws and regulations of Dubai Municipality, the Department of Economic Development of the
Government of Dubai, or the powers and authority falling within their
jurisdiction.
Article (19)
Companies with limited liability may be incorporated in the Free
Zone in accordance with the Free Zone By-laws, and shall
be considered as Free Zone establishments.
These companies may have one or
more shareholders, whether natural or corporate persons, national or foreign.
Article (20)
The Authority shall have the power to approve the establishment and
registration of the Free Zone establishments, and to regulate all procedures and
matters relating thereto, including incorporation
and registration of companies referred to in Article (19), levying
registration fees, setting out terms and rules governing such companies, by-laws regarding their liquidation or any other matters as the Authority deems
necessary for the proper supervision and control of such companies.
Article (21)
Every limited
liability company incorporated in accordance with Article
(19) of this Law, shall set out beside its name, in all its activities,
contracts, notices, invoices, correspondence and publications the following:
a)
That the company is incorporated in accordance
with this Law,
and that it is a limited liability company.
b)
That it is a Free Zone company.
In case where clause (a) and/or
clause (b) of this Article are not mentioned, the company's owner or owners shall be personally liable for the obligations of the company.
Article (22)
The President, the Director General or the
employees and workers of
the Authority shall not be liable to any third party for the operations or obligations of the Free
Zone Establishments or their employees, or
workers.
Article (23)
The following
products, goods and services shall be prohibited in the Free Zone:
a)
Goods and services in violation of
intellectual property law, including those in violation of laws and rules
relevant to trademark, patent, copyright and design rights.
b)
Products boycotted by the UAE.
c)
All goods, products and services
prohibited under the laws in force in the Emirate and/or the UAE.
The Authority shall have power to
specify or amend the list of prohibited
products and services in accordance with the laws of the Emirate, as well as the power to grant
exemptions from such prohibitions.
Article (24)
The following activities shall be prohibited within the Free Zone:
a)
Any unlicensed
activity by any natural or corporate person, within
the Free Zone which requires a license
under this Law.
b)
any activity
contrary to the Free Zone by-laws.
c)
Any willful
activities designed to disrupt computer net works & software, including
but not limited to, creation and distribution of computer viruses.
Article (25)
The
Assignment to another party of the license issued by the Authority is prohibited without the prior written
consent of the Authority.
Article (26)
The
Authority shall have the power to control and inspect the activities of Free
Zone establishments which are suspected to be
in breach of the provisions of this Law or any other by-law.
Article (27)
The Ruler may establish a court
and/or an arbitration tribunal with the
jurisdiction of hearing claims and suits arising out of, or in
connection with, activities carried on by Free Zone Establishments within the
Free Zone, including claims and suits between these establishments and any
other parties outside the Free Zone.
Article (28)
The Director General may in accordance with a special by-law to be
issued by the president, impose civil penalties on any person who is in breach
of any provision of this Law or the By-laws
thereof, or in breach of the terms and conditions of the license issued by the
Authority.
Article (29)
Any provision
of any other law or legislation is hereby repealed to
the extent it is in conflict with the provisions hereof.
Article (30)
This Law shall be published in the
Official Gazette and shall come into force on the date of its publication.
Maktoum Bin Rashid Al Maktoum
Ruler of Dubai
Issued in
Dubai on 31st January 2000
Corresponding
to 25th Shawwal 1420 AH