Amending
Law No. (4) of 2018
Establishing the Financial Audit
Authority[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (4) of 2018 Establishing the Financial Audit
Authority (the “Original Law”); and
Executive Council Resolution No. (41) of 2015 Concerning the
Central Grievance Committee of Employees of the Government of Dubai,
Do hereby issue this Law.
Articles
(34), (35), and (36) of the Original
Law are hereby superseded by the following:
a.
During
any violation investigation conducted by the FAA under the provisions of this
Law, the Director General, or his authorised representative, may take one or
more of the following actions and measures:
1.
request
the Auditee to suspend the service of the Employee suspected of committing the
violation from work pending the conclusion of the investigation;
2.
retain
the documents, papers, and records used in committing the violation;
3.
close
the investigation in any of the following cases:
a.
if
the
violation is found to be false;
b.
if
the
evidence is insufficient;
c.
if
it is proven that the Employee has not committed any of the violations
stipulated in this Law; or
d.
if
the violation constitutes a minor criminal offence punishable by imposing a
disciplinary action against the violating Employee rather than referral to the
Public Prosecution. The standards and guidelines for closing investigations
into violations constituting minor criminal offences will be determined by a resolution
issued by the Chairman in this respect.
4.
refer
investigation documents to the Public Prosecution if the investigation reveals
that a criminal
offence punishable by law has been committed;
5.
request
the withdrawal of all decisions issued in relation to the violation and the
nullification of all legal or financial consequences that ensued from these
decisions from the date of issuance of the same; or
6.
request
the imposition of disciplinary action against the violating Employee, in which
case the official in charge of the Auditee must issue an administrative
resolution imposing the appropriate disciplinary action against that Employee,
and notify the FAA of the same within fifteen (15) days from the date of
imposing the disciplinary action;
7.
request
the
Public Prosecution, where necessary or where sufficient evidence exists of the
commission of a violation constituting a criminal offence, to take any of the
following precautionary actions and measures:
a. imposing a travel ban
against a person suspected of committing any act that constitutes a violation
under the provisions of this Law for a period not exceeding three (3) months,
pending the conclusion of the investigation; and requesting, where necessary,
an extension of this ban for the same period; or
b. seizing the funds and
property of any person suspected of committing a criminal offence arising from
an act that constitutes a violation under the provisions of this Law; or those
of any other person who is in possession of funds and property derived from
such a violation; and prohibiting the disposal of these funds and property
pending the conclusion of the investigation.
b.
An
appeal against
the Public Prosecution's decision to impose a travel ban or to seize funds and
property in accordance with sub-paragraph (a)(7) of this Article, may be filed
with the competent court. Where the appeal is dismissed, the appellant may file
a new appeal after the lapse of three (3) months from the date of dismissal,
unless a substantial reason arises warranting the filing of an appeal prior to
the lapse of this period.
c.
Notwithstanding
the provisions of sub-paragraph (a)(4) of this Article and subject to obtaining
the Chairman's approval, the Director General may reach a settlement with an
Employee who has committed an act constituting a criminal offence under this
Law, in return for the recovery of misappropriated property subject matter of
the violation, together with any profits, interest, or other benefits gained by
the Employee through the exploitation of this property. Such a settlement will
result in the closure of the investigation and preclude its referral to the
Public Prosecution. However, this settlement will not preclude the initiation
or continuation of disciplinary proceedings against the Employee.
a. If the Director General
considers the disciplinary action imposed against a violating Employee
commensurate with the gravity of the committed violation, the Auditee will be
notified of the approval of the decision issued in respect of the violation.
b. If the Director General
considers the disciplinary action taken against a violating Employee
incommensurate with the gravity of the committed violation, the Director
General may require the official in charge of the Auditee to issue a decision imposing
a stricter disciplinary action against the Employee that is commensurate with
the gravity of the committed violation, and inform the FAA of the same within
seven (7) days from the date of being required to do so. If the official in
charge of the Auditee fails to comply with the FAA's requirement, the matter
will be referred to the Central Grievance Committee formed pursuant to
paragraph (c) of this Article for consideration and determination.
c. Pursuant to a resolution
issued by the Chairman, an independent permanent committee named the
Central Violations Committee (“CVC”) will be formed within the FAA and will
comprise three (3) members, including its chairman. The resolution establishing
the CVC must name its chairman and members; and determine its terms of
reference, the procedures to be followed therein, and any other relevant
provisions.
d. The CVC will
hear and determine:
1.
the
violations where the Auditee fails to comply with the FAA's requirement to
impose a stricter disciplinary
action against the violating Employee. In this case, the CVC will have the
authority to review and investigate the committed violation and may, thereupon,
uphold the disciplinary action imposed by the Auditee; impose a stricter
disciplinary action; or close the investigation if the accusation of committing
the violation is found to be false, if the evidence is insufficient, or if it
is proven that the Employee has not committed the violation;
2.
the
violations under the legislation in force in the Emirate committed by officials
in charge of Auditees who occupy posts at the "Executive Director /
CEO" grade or similar grades.
In this case, the CVC will impose the appropriate disciplinary action against
any official in charge who is proven to have committed a violation. Settlement
procedures and any other procedures and measures taken against the official in
charge of the Auditee will be subject to the provisions of Article (34) hereof;
and
3.
any
other
violation referred to the CVC by the Chairman for consideration and
determination.
e. In any event, a violating
Employee or official in charge of an Auditee who occupies a post at the grade
of 'Executive Director / CEO' as stipulated in sub-paragraph (d)(2) of this
Article may submit a written Grievance to the Grievances Committee referred to
in Article (36) of this Law against any decision issued by the CVC against him
within fifteen (15) days from the date of being notified of the contested
decision.
a.
Pursuant
to a resolution issued by the Chairman, an independent permanent committee
named the “Grievances Committee” will be formed. The Grievances Committee will
comprise a chairman whose
grade is not lower than Executive Director / CEO, to be appointed from among
the Executive Directors / CEOs of the Government Entities in the Emirate of
Dubai, and two (2) members: a representative from the FAA and a representative
from the Supreme Legislation Committee in the Emirate of Dubai.
b.
The
Grievances Committee will have the jurisdiction to consider and determine the
Grievances and appeals submitted to it by the Employees and officials in charge
of Auditees against whom disciplinary actions are imposed by the CVC, in
addition to the appeals submitted to it by the officials in charge of Auditees
against any of the CVC's decisions.
c.
The
resolution issued by the Chairman, in accordance with the provisions of
paragraph (a) of this Article, will determine the terms of reference of
the Grievances Committee, its powers, and the procedures to be followed
therein. The decision issued by the Grievances Committee on a Grievance filed
with it will be final and non-appealable by any method of administrative
review, including appeals before the Central Grievance Committee of Employees
of the Government of Dubai regulated by the above-mentioned Executive Council
Resolution No. (41) of 2015. However, the aggrieved Employee will retain the right
to have recourse to court.
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 22 October 2024
Corresponding
to 19 Rabi al-Thani 1446 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.