Law No. (12) of 2016
Regulating the
Security Industry in the Emirate of Dubai[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai; and
Law No. (24) of 2008 Concerning
Security Service Providers and Users, its amendments, and its Implementing
Bylaw,
Do hereby issue this Law.
This
Law will be cited as “Law No. (12) of 2016 Regulating the Security Industry in
the Emirate of Dubai”.
The following words and expressions, wherever
mentioned in this Law, will have the meaning indicated opposite each of them
unless the context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the
Emirate of Dubai. |
|
Government Entity: |
Any of the Government departments;
public agencies and corporations; councils; authorities, including the
authorities supervising Special Development Zones and free zones, such as the
Dubai International Financial Centre; and other entities affiliated to the
Government. |
|
SIRA: |
The Security Industry
Regulatory Agency established pursuant to this Law. |
|
Concerned Entities: |
Government Entities, and any
other entities with which SIRA may coordinate for the purpose of enabling it
to exercise the functions assigned to it and achieve the objectives of this
Law. |
|
Board of Directors: |
The board of directors of
SIRA. |
|
Executive Director: |
The executive director of
SIRA. |
|
DPS: |
The Department of Protective
Systems. |
|
Security Industry: |
The components of the
security system, including the policies, procedures, devices, equipment, and
services that ensure the protection of Persons through the use of Preventive
Systems. |
|
Preventive Systems: |
The precautionary measures,
electronic systems, and security equipment used to protect establishments or
individuals against potential threats or to eliminate such threats. |
|
Security Service Provider: |
A Person licensed by SIRA to
provide Security Services to individuals, Government Entities, or
establishments. |
|
Licence: |
A document issued by SIRA,
authorising a Person to provide Security Services in the Emirate. |
|
Security Service: |
Any service which is intended
to provide security protection to establishments or individuals through the
use of security devices and equipment or specialised personnel; to provide
security protection training; to sell and install security equipment and
systems; or to conduct studies and provide consultations related to
maintaining security protection. |
|
Vital Sectors: |
Sectors and establishments
that are highly exposed to risks or threats due to the type or value of the
commodities in which they trade or the services they provide. These include
banks, money exchange establishments, gold and jewellery shops, hotels,
shopping malls, and hospitals. |
|
Major Compound: |
A compound of residential or
office units, including buildings, towers, and villa compounds. |
|
Public Events: |
Ceremonies, meetings, or
shows that are open to the general public or to which the general public or a
particular segment of the public is invited. These include religious and
national celebrations, festivals, contests, competitions, and races. |
|
User: |
A Person who uses Security
Services to protect himself, or his business and property. |
|
Person: |
A legal or natural person. |
|
Implementing Bylaw: |
The implementing bylaw of
this Law. |
This Law aims to:
1.
regulate the Security Industry in the Emirate by
adopting clear and effective measures and procedures;
2.
set the general framework of the security
standards and specifications of Preventive Systems, and ensure their
reliability and effectiveness;
3.
contribute to creating a safe environment for the
Vital Sectors, Major Compounds, and Public Events in the Emirate;
4.
perform effective oversight of Security Service
Providers to ensure the provision of best Security Services to Users;
5.
support security entities in the Emirate and
enable them to perform their duties using the latest technology and Preventive
Systems; and
6.
raise the awareness of the public on the
importance of Security Services, and their effectiveness in maintaining public
security.
This
Law applies throughout the Emirate including Special Development Zones and free
zones, such as the Dubai International Financial Centre.
Pursuant
to this Law, a public agency named the “Security Industry Regulatory Agency” is
established. SIRA will have legal personality, and the legal capacity required
to undertake all acts and dispositions that ensure the achievement of the
objectives of this Law.
The
head office of SIRA will be located in the Emirate. Other branches of SIRA may
be established within and outside of the Emirate pursuant to a resolution of
the Board of Directors.
SIRA is the Government Entity responsible for
regulating the Security Industry in the Emirate. SIRA will, in coordination
with Concerned Entities, have the duties and powers to:
1.
set, and follow up the implementation of, the
general policy of the Emirate in the field of Security Industry;
2.
establish, and regularly update, the best
specifications, standards, and requirements of the Security Industry, and
follow up the compliance by Security Service Providers with the same;
3.
license Security Service Providers, and follow up
their compliance with the rules and terms of their Licences;
4.
license the security devices and equipment
determined by the Implementing Bylaw;
5.
provide technical studies and consultations
relating to providing Security Protection, and other studies and consultations
related to the work of SIRA;
6.
develop or approve training curricula, and
supervise the training and testing of Security Service Providers;
7.
ensure the availability of Preventive Systems in
Vital Sectors, Major Compounds, and Public Events in the Emirate, in accordance
with the procedures and rules stipulated by the Implementing Bylaw;
8.
coordinate with Government Entities, and with
regional and international entities, in areas related to the work of SIRA;
9.
propose and review legislation related to the
Security Industry in the Emirate;
10.
conduct and fund the studies and research required
for the development of the Security Industry in the Emirate;
11.
hold and participate in conferences and symposia;
cooperate with regional and international organisations that are relevant to
the work of SIRA; and exchange knowledge, expertise, and courses in areas related
to the Security Industry;
12.
establish companies, solely or with other persons;
and invest in, enter into partnerships with, hold shares in, forge mergers
with, or acquire shares or stocks in, companies, agencies, and corporations,
within and outside of the UAE, that are engaged in the same or similar
activities as those of SIRA or in activities which support SIRA in achieving
the objectives of this Law;
13.
own and take lease of the movable and immovable
property required for the achievement of the objectives of this Law; and
14.
exercise any other duties or powers required for
enabling SIRA to achieve the objectives of this Law.
SIRA will have a Board of
Directors comprised of a chairman, vice chairman, and a number of experienced,
competent, and specialised members appointed pursuant to a decree issued by the
Ruler. Membership of the Board of Directors will be for a renewable period of
three (3) years.
a.
The Board of Directors is the highest authority of
SIRA. It will undertake general supervision of the achievement of the
objectives of this Law and ensure that the policies serve these objectives. The
Board of Director will also ensure that SIRA performs its duties and exercises
its powers under this Law and the legislation in force. The Board of Directors
will exercise the powers and authority required for the achievement of the
objectives of this Law, and will, in particular, have the duties and power to:
1.
approve, and supervise the implementation of, the
general policy and strategic and development plans of SIRA;
2.
approve, review, and annually evaluate the
implementation of the work plans and programmes of SIRA and the initiatives
that are conducive to achieving the objectives of this Law;
3.
determine the strategic objectives of SIRA and the
procedures required for supervising their implementation. These objectives must
be reviewed, and compliance therewith evaluated, on an annual basis;
4.
take the necessary action to ensure compliance by
SIRA with the legislation in force, with the resolutions and regulations issued
in pursuance thereof, and with any other legislation related to the work and
activities of SIRA;
5.
assess and follow up the performance of the
executive body of SIRA to ensure the achievement by SIRA of the objectives of
this Law;
6.
approve the organisational structure of SIRA, and
the resolutions required to regulate its administrative, financial, and
technical work, including the human resources regulation;
7.
approve the annual budget and financial statements
of SIRA, and submit the same to the Concerned Entities for final approval;
8.
approve fees and charges for the services provided
by SIRA, and submit the same to the Concerned Entities for final approval;
9.
form permanent and temporary sub-committees and
work teams, and determine their duties, powers, and tenure, with a view to
achieving the objectives of this Law;
10.
determine the duties of each of the members of the
Board of Directors to ensure the integration of their roles to achieve the
objectives of this Law;
11.
review the performance reports submitted by the
Executive Director, and take the necessary action in this regard; and
12.
exercise any other duties or powers required for
the achievement of the objectives of this Law.
b.
The Board of Directors may delegate any of the
powers stipulated in paragraph (a) of this Article to a committee comprised of
some of its members or to the Executive Director, provided that this delegation
is specific and in writing.
c.
In the event of absence of the chairman of the
Board of Directors or in case of any other impediment on his part, the vice
chairman of the Board of Directors will act as the chairman and will exercise
all the chairman’s duties and powers under this Law, the Implementing Bylaw,
and the resolutions issued in pursuance thereof.
a.
The Board of Directors will be convened at the
invitation of its chairman, or vice chairman where the chairman is absent, at
least once every two (2) months or where necessary. Meetings of the Board of
Directors will be valid if attended by the majority of its members, provided
that the chairman or vice chairman of the Board of Directors is in attendance.
b.
Resolutions and recommendations of the Board of
Directors will be passed by majority vote of attending members, and in the
event of a tie, the chair of the meeting will have a casting vote. Resolutions
and recommendations of the Board of Directors will be recorded in minutes
signed by the chair of the meeting and attending members.
c.
A rapporteur will be appointed to the Board of
Directors by its chairman. The rapporteur will be responsible for sending
meeting invitations to members of the Board of Directors, preparing meeting
agendas, recording minutes of meetings, following up the implementation of the
Board of Directors resolutions and recommendations, and performing any other
duties assigned to him by the chairman of the Board of Directors.
d.
The Board of Directors may seek assistance from
the experts, advisers, and specialists it deems appropriate, provided that they
do not have a vote in its deliberations.
a. An
Executive Director will be appointed to SIRA pursuant to a resolution issued by
the Chairman of the Executive Council upon the recommendation of the Board of
Directors.
b. The
Executive Director will be directly responsible to the Board of Directors for
performing the duties and functions assigned to him under this Law, the
Implementing Bylaw, and the resolutions issued in pursuance thereof.
The
Executive Director will supervise the daily work of SIRA; manage and administer
its affairs; represent it in its relations with third parties and before
judicial authorities; be responsible for achieving the objectives of this Law
and implementing the policies related to these objectives; and exercise the
powers and authority required for the achievement of these objectives. The
Executive Director will, in particular, have the duties and power to:
1.
propose, and follow up the implementation of, the
policies; strategic, development, and operational plans; initiatives; and
programmes that are conducive to achieving the objectives of this Law, and
submit the same to the Board of Directors for approval;
2.
implement and follow up the implementation of
resolutions, policies, plans, and programmes adopted by the Board of Directors;
3.
prepare work plans and programmes, and the
projects and initiatives related to these plans and programmes, and submit the
same to the Board of Directors for approval;
4.
propose the organisational structure and the
resolutions regulating the administrative, financial, and technical work of
SIRA, including the human resources regulation; and submit the same to the
Board of Directors for approval;
5.
prepare the draft annual budget and financial
statements of SIRA, and submit the same to the Board of Directors for approval;
6.
propose fees and charges for the services provided
by SIRA, and submit the same to the Board of Directors for approval;
7.
supervise performance by the executive body of
SIRA of the duties assigned to it pursuant to the resolutions issued by the
Board of Directors, and appoint technical and administrative staff who are
experienced and specialised;
8.
submit periodic and annual reports on the
performance, and progress of the work, of SIRA to the Board of Directors to
take the appropriate action in this regard;
9.
approve the financial transactions, subject to the
financial regulations and bylaws adopted by SIRA;
10.
sign, in SIRA’s name and on its behalf, contracts,
agreements, and memoranda of understanding in accordance with the relevant
powers conferred on him by the Board of Directors;
11.
supervise the organisational units of SIRA
included in its approved organisational structure;
12.
engage experts and advisers and determine and pay
their remuneration in accordance with the bylaws adopted by SIRA; and
13.
exercise any other duties or powers assigned or
delegated to him by the Board of Directors.
a.
The executive body of SIRA will be comprised of
the Executive Director and a number of administrative, finance, and technical
employees.
b.
The rights and duties of SIRA employees and the
rules of their selection and appointment will be determined pursuant to the
human resources regulation approved by the Board of Directors for this purpose.
c.
As of the effective date of this Law, the
employees of SIRA will continue to be governed by their employment contracts
until the human resources regulation referred to in paragraph (b) of this
Article is approved.
The financial resources of SIRA
will consist of:
1.
the support allocated to SIRA in the general
budget of the Government;
2.
fees and charges collected by SIRA in return for
the services it provides;
3.
grants, gifts, donations, and bequests received by
SIRA and approved by the Board of Directors; and
4.
any other resources approved by the Chairman of
the Executive Council.
a.
In regulating its accounts and records, SIRA will
apply the rules and principles of government accounting.
b.
The financial year of SIRA will commence on 1
January and will end on 31 December of each year, except that the first
financial year will commence on the date this Law comes into force and will end
on 31 December of the following year.
Security Service Providers must
comply with the requirements, specifications, standards, and rules of the
Security Industry prescribed by the Implementing Bylaw.
a.
No Person may provide Security Services in the
Emirate without first obtaining a Licence.
b.
The Implementing Bylaw will determine the
conditions and procedures for obtaining Licences, the validity of Licences, and
other provisions related to Licences.
A
Licence may not be assigned to any Person, and the provision of Security
Services may not be suspended, without first obtaining the written approval of
SIRA. This approval will be issued in accordance with the rules and conditions
determined by the Implementing Bylaw. Any Licence assignment made in breach of
the provisions of this Article will be deemed null and void.
The Implementing Bylaw will
determine the security and safety requirements that must be met for the
purposes of organising and managing Public Events.
The Implementing Bylaw will
determine the security requirements and technical specifications that must be
satisfied in Vital Sectors and Major Compounds.
a.
Without prejudice to any stricter penalty
stipulated in any other legislation, a person who commits a violation of this
Law, the Implementing Bylaw, or the resolutions issued in pursuance thereof
will be punished by a fine of no less than ten thousand Dirhams (AED 10,000.00)
and no more than five hundred thousand Dirhams (AED 500,000.00).
b.
The amount of the fine mentioned in paragraph (a)
of this Article will be doubled upon repetition of the same violation within
one (1) year from the date of the previous violation. A fine must not exceed
one million Dirhams (AED 1,000,000.00).
c.
The Chairman of the Executive Council will issue a
resolution determining the acts that constitute violations of this Law and the
Implementing Bylaw, and the relevant fines prescribed for each violation.
Employees of SIRA nominated
pursuant to a resolution issued by the chairman of the Board of Directors will
have the capacity of law enforcement officers to record the acts committed in
breach of the provisions of this Law, the Implementing Bylaw, and the
resolutions issued in pursuance thereof. For this purpose, they may issue the
relevant violation reports and, where necessary, seek assistance from police
personnel and Concerned Entities.
All
Concerned Entities must fully cooperate with SIRA and provide it with all the
support required to enable it to exercise its duties and powers under this Law,
the Implementing Bylaw, and the resolutions issued in pursuance thereof.
a.
As of the effective date of this Law, the DPS will
be affiliated to SIRA. All rights, obligations, responsibilities, and powers of
the DPS will be transferred to SIRA.
b.
All employees of the DPS will be transferred to
SIRA, and will retain their existing rights.
The chairman of the Board of
Directors, or his authorised representative, will issue the Implementing Bylaw
and the resolutions required for the implementation of this Law.
a. This
Law supersedes the above-mentioned Law No. (24) of 2008.
b. Any
provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Law.
c. The
provisions of the implementing bylaw of the above-mentioned Law No. (24) of
2008 will continue in force to the extent that they do not contradict this Law
until the superseding Implementing Bylaw is issued.
This Law comes into force on the day on which it
is issued, and will be published in the Official Gazette.
Mohammed
bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 25 September 2016
Corresponding to 23 Thu
al-Hijjah 1437 A.H.
©2018 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.