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Executive Council Resolution No. 3 of 2020 To promulgate the Executive Regulation of Law No. 4 of 2019 On Seizing, Placing & Disposing Vehicles We, Mohammed Bin Saud Bin Saqr Al Qasimi, Crown Prince of Ras Al Khaimah & President of Executive Council After perusal of Federal Law No. 12 of 1976 on Police & Security Force, as amended; ; And Federal Law No. 11 of 1992 on issuing Civil Procedures Code, as amended; And Federal Law No. 21 of 1995 on Traffic and its Executive Regulation, as amended; And Law No. 4 of 2019 on Seizing, Placing and Disposing Vehicles; And after the approval of the Executive Council; And what the Legislative Committee considered; Have promulgated the following Regulation: Article (1) Abandoned vehicles shall be seized by RAK Police directly or based upon a report from third party. Article (2) Abandoned vehicle shall be considered as distortion of the public appearance in any of the following cases: 1- Non-existence of tires, glass or any part of the exterior body, seats, salon components or damage of any of these things. 2- Change of the vehicle’s color or paint the same with several colors or write or paste thereon by a picture causes visual pollution. 3- Accretion of dust and dirt thereon. Article (3) The following shall be followed in dealing with abandoned vehicle: 1- Paste warning notice thereon to end the state of abandonment or distortion of general appearance within ten days from the date of the warning notice. 2- Seize and inspect the vehicle and make report on the form prepared for this. 3- Confiscate all belongings found in the vehicle and handover the same to RAK Police. 4- Lift and transport the vehicle to vehicles storage complex. 5- Make report – violation thereto according to the form prepared for this. 6- Inspect the vehicle technically and prepare detailed report thereon. 7- List its basic details and put its photo in a window available for the public on the web site of General Resources Authority. 8- Notify its owner and rights holders thereon and owner of the place of seizure of the incident of keeping the vehicle in the complex and in case of failure to notify its owner or rights holders thereon, the procedures taken in the previous article shall be sufficient. Article (4) RAK Police is entitled to contract with private companies to transport the abandoned vehicles to vehicles storage complex and such companies shall document the transportation process using modern technology means. Article (5) Seized vehicle shall be subject to the following costs and fees: 1- Costs of transporting the vehicle to vehicles storage complex according to the actual cost. 2- Fixed daily charge for keeping the vehicle in the storage complex to be determined by resolution issued by the Authority’s Board of Directors. 3- Fifty dirhams as fee for issuing certificate of releasing seizure imposed on the vehicle to be paid along with the vehicle recovery application. Article (6) Abandoned Vehicles Sale Committee shall be formed and presided by Director of Traffic & Patrols Department or his representative and membership of each of Director of Vehicles Storage Complex or the representative thereof and representative of each of Financial Affairs Management, Transport & Workshops Department, Legal Affairs Department and General Resources Authority. The Committee shall meet at least once monthly by a call from its president and it may be called for meeting more than once as necessary and the resolutions thereof shall be issued in majority and in case of equal votes, the vote of the president shall act as casting vote. The Committee shall undertake the following tasks and competences: 1- Verify availability of legal basis to seize the vehicle and place it in vehicles storage complex. 2- Count vehicles seized in the complex which exceed the determined period of seizure and announce the same on the website of the Authority. 3- Estimate prices of the vehicles and prepare detailed tables thereof. 4- Verify that the vehicle is not seized in favor of any other authority in coordination with concerned authorities in the emirate including the competent judicial authorities. 5- Obtain order on petition from the competent judge to sell the vehicles by public auction. 6- List fees, costs and fines due on each vehicle. 7- Sell the vehicles by public auction through teams formed in this regard or via other contracted authorities. 8- A resolution of auction knock down shall be issued by the president of the Committee and handover copy thereof to the purchaser. 9- Collect the difference of due fees and costs from the owner in case the sale price did not cover the same. 10- Give permission to handover the vehicle to its owner upon requesting to get the vehicle back before selling it by public auction after payment of fees, fines and costs due thereon. And in performing its tasks and competences, the Committee may seek the help of experienced and specialized persons as it deems appropriate. Article (7) Upon the request of Police, the Committee may obtain an order on petition from the competent judge to sell belongings that may be subject to damage or shortage or may affect the safety of the place where they are kept, by public auction or by the highest of three purchase offers submitted to the Committee and deposit the price in special account with RAK Government. Article (8) The vehicle’s owner is entitled to refund the remaining amount of the price of selling the vehicle by public auction after payment of fees, fines and costs by an application to be submitted to RAK Police GHQ within five years from the date of depositing the price in the account mentioned in the law. Article (9) RAK Police Commander-in-chief and President of General Resources Authority, each within his competence, shall issue the necessary resolutions and circulars to implement the provisions of this law, in coordination with each other. Article (10) The previous resolutions and circulars shall be in force in whatever does not contradict with the provisions of this regulation. Article (11) This Regulation shall come into force as of the date of issuance and be published in the Official Gazette. Mohammed Bin Saud Bin Saqr Al Qasimi Crown Prince & President of Executive Council Issued by us on Monday 18 Ramadan 1441 H. Corresponding to 11 May 2020 G.
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Law No. ( 9 ) of 2017 On Regulation of E-Documents and E-Signatures in the Emirate of Ras Al-Kamiah We, Saud Bin Saqr Bin Mohammad Al-Qasemi, Ruler of Ras Al-Khaimah; After perusal of the constitution, Civil Transactions Law, promulgated under Federal Law No. (5) of 1985, as amended; Law of Evidence in Civil and Commercial Transactions, promulgated under Federal Law No. (10) of 1992, as amended; Civil Transactions Law, promulgated under Federal Law No. (11) of 1992, as amended; Commercial Transactions Law, promulgated under Federal Law No. (18) of 1993, as amended; Federal Decree-Law No. (2) of 2004 on the establishment of Federal Authority For Identity And Citizenship, as amended; Federal Law No. (1) of 2006 on E-Commerce and E-Transactions and executive regulations thereof; Federal Decree-Law No. (3) of 2012 on the establishment of the National E-Security Authority; Law No. (39) of 2006 concerning International Judicial Cooperation on Criminal Matters; and Federal Decree-Law No. (5) of 2012 on Combating Cybercrimes, as amended, Have promulgated the following: Chapter One Definitions Article 1 In Implementation of the provisions of this Law, the following words and expressions shall have the meaning set forth next to each of them as follows: State: United Arab Emirates Emirate: Emirate of Ras Al-Khaimah Competent Authority: Authority assigned to supervise the issuance of licenses necessary to engage in the activity of providing services of e-signature e-authentication and other services related hereto. Electronic: whatever relates to or utilizes information technology and having electric, digital, magnetic, visual, electromagnetic and/or photonic capabilities or any other similar wired or wireless capabilities whatsoever, in addition to any updated technology within this field. Electronic Writing: All letters, numbers, symbols, signals or signs saved on an electronic, digital, or optical medium or any other similar means giving a discernible significance and can be retrieved later. Electronic Data: Data with electronic characteristics in a form of texts, symbols, sounds, drawings, pictures, signals, computer programs or databases. Electronic Data Processing (EDP): An electronic system to create, enter, retrieve, send, receive, extract, store or display information or electronic documents. Electronic medium: An electronic mean and mechanism utilized to save electronic data thereon. Electronic Document: A collection of data or information created, stored, retrieved, copied, sent, communicated or received in-whole or in-part via electronic means or through a tangible medium to be retrieved in a discernible form. Creator: The natural or legal person or attorney thereof generating an electronic document prior to storage or sending the same electronically. However, creator shall not include the entity providing services related to production, processing, sending or storing such electronic document and any other services related thereto. Electronic Document Addressee: The individual to whom the electronic document is addressed using an electronic medium. However, Receiver shall not include the individual providing services related to receiving, processing or saving the electronic documents and any other services related thereto. Electronic Transactions: All activities executed in whole or in part via electronic means. Automated Electronic System: An electronic software or system designed to independently initiate or respond to an action, partially or entirely, without intervention or supervision of any natural person at the time of initiating or responding to such action. Electronic Signature: Data in a form of letters, numbers, symbols, signs, sounds or any other form to be electronically, digitally or photonically listed, attached or associated with an electronic document having a nature enabling the same to identify the person who signed such document. Protected Electronic Signature: Electronic signature meeting the conditions of Article (18) of this Law. Authenticated Electronic Signature: The protected electronic signature associated with an electronic authentication certificate. Electronic Signature Device: A device or electronic data configured uniquely to work independently or jointly with other devices and electronic data to place an electronic signature of a certain individual on the document. This process includes any system or device generating or capturing unique data such as symbols, signals, algorithms, letters, numbers, passwords, or profile identification numbers or its properties. Signatory: The natural or legal individual possessing his / her own data and electronic signature creation device signing for himself / herself or on behalf of the principal or legal representative thereof on an electronic document using this device and data. Authentication Services Provider: The natural or legal person authorized by the competent authority to issue electronic authentication certificates or any other services related to the same or to the electronic signatures. Electronic Authentication Certificate: The certificate authenticating that the electronic signature belongs to a specific person and confirms the relation between the signatory and the signature creation data pursuant to approved authentication procedures. Time Stamp: Information provided by any of the officially approved or official authentication authorities whereby the date and time of creating the electronic signature shall be accurately specified to be an evidence erga omnes. Precise Authentication Procedures: Procedures designed to verify that an electronic document is issued or received by a specific individual; and to detect any mistake or alteration to the contents of an electronic document or sending or storing the same within a certain period of time. The abovementioned includes any procedure utilizing algorithms, symbols, words, profile identification numbers, encryption, response procedures or acknowledgement of receipt, and any other procedures adopted to protect information. Chapter 2 Entry of Law into force & Objectives Article 2 Without prejudice to the provisions of Law No. (1) of 2006 on the E-Commerce and E-Transactions, this Law shall be applicable to all electronic signatures and documents except for those excluded by a resolution adopted by the Executive Council of the Emirate. Article 3 The objectives of this Law are: 1. Regulating legal procedures transacting electronic signatures and electronic documents; 2. Promoting confidence on the safety of electronic transactions; and 3. Keeping up with the development of electronic signatures and e-documents locally and internationally to promote investment and commercial practices in the Emirate. Chapter 3 Electronic Document Article 4 Whenever, by Law, a document is required to be written or it is stipulated that non-writing shall cause certain consequences; the electronic document shall meet this condition if the same conforms the provisions of Article 8 herein. Article 5 Electronic writing and e-documents have the same enforceability of writing, and official and customary documents provided in the provisions of laws applicable in the State whenever meet conditions provided herein. Article 6 The time stamp on an electronic document is deemed an evidence of time and date thereof. Article 7 The copy of the electronic document, as long as being identical to the original document saved in the system whereby it was created, shall have the same power of the original copy since it can be referred, if required. Article 8 An electronic document shall be subsequent to its legal effects if the following conditions are met: a. The possibility to be saved in the form it was created, sent or received thereby or in any other form by which accuracy of data included therein; upon creation, sending, or receiving, can be easily verified. b. The data, included therein, is maintainable and storable so as to be retrieved anytime whatsoever. c. The data, included therein, shall identify the document creator. No provision of this article shall violate any other law provisions explicitly stipulates creation and saving of documents, data or information in a specific electronic form or by following specific procedures to send the same. Furthermore, provisions of this article shall be compatible with any additional requirements established by governmental bodies to circulate, store and secure electronic documents under their jurisdiction. Article 9 Electronic document non-associated with an electronic signature shall have enforceability of non-signed papers on evidence. Article 10 No conditions provided in Article No. 8 shall be necessarily met in document-annexed-data purporting to facilitate sending or receiving the same. Any person may seek the assistance of whomever licensed to store and retrieve documents and data whenever conditions set forth in the previous Article are met. Article 11 An electronic document shall be deemed as issued by its creator whether be issued personally by the same, by others or via an electronic system automatically programmed to function by the creator or an attorney thereof. Article 12 The electronic document shall be deemed an evidence against the creator in favor of the addressee in the following two cases: 1. If addressee follows any procedure previously agreed thereon, with the creator, to be utilized to verify that electronic document has been issued by the creator. 2. If addressee receives the electronic document as a result of procedures made by the creator or any affiliate person or attorney thereof having authority to access the electronic medium in-use by the creator or by an automated electronic system used by the creator in this regard. The electronic document shall not be deemed an evidence against the creator in favor of the addressee in the following two cases: A. If the addressee receives a notice from the creator informing the same that electronic document does not issued by the creator. The creator shall still be liable to any consequences occurred prior to the date and time of receiving such notice unless it is established that the document has not originally been issued thereby. B. If the addressee becomes aware or was able to be aware that the electronic document was not issued by the creator. Article 13 The addressee shall consider each received electronic document as independent and act accordingly unless he becomes aware, or was expected to be aware that the electronic document is a duplicate. Article 14 No electronic document shall be binding to the addressee if the creator impedes the addressee to retrieve, store or maintain the electronic document. Article 15 The electronic document may be kept for evidence, documentation or any other purposes whatsoever. The same shall be deemed an evidence binding unless a specific provision in another law requires having the document on another medium. Article 16 Upon processing their transactions electronically, Governmental Authorities shall any shall set provisions and procedures related to the matters hereinafter under instructions issued to this end: 1- Creation, depositing, maintenance or copying of electronic documents; 2- Utilization of the electronic signature and any other conditions related thereto; 3- Security, protection, confidentiality, and integrity of electronic information. 4- Date of commencing their transactions using electronic means. Article 17 There may be transactions between automated electronic systems, including two or more electronic previously prepared and programmed data systems. The transaction shall be valid, enforceable and subsequent to its legal effects whenever such systems function properly in spite of the absence of any personal or direct interference by any natural person conducting the transaction. Such electronic system may deal with natural person if the latter becomes aware that the system shall undertake the task of completing the transaction. Chapter 4 Electronic Signature Article 18 No legal effect of the electronic signature, in terms of its validity and applicability, may be disregarded, merely because the same is in an electronic form. The protected electronic signature shall have the same legal power of the written signature whenever technical controls set out in this law in respect of the creation and completion of the same have been observed. Article 19 Signature shall be considered the same as protected electronic signature if the following conditions are met: A- The possibility to identify the signatory. B- The signature is linked to the signatory solely; C- The signature is executed using a secure signature device under the sole control of the signatory at the time of signing; and D- The possibility to detect any alteration in the data associated with the signature or in the relationship between the date and the signatory. Article 20 Whoever consider the authentic electronic signature shall have the burden to submit the electronic authentication certificate substantiating the validity thereof giving due diligence to make such consideration reasonable. Article 21 The signatory shall observe the following: A- Taking reasonable due diligence and precaution to avoid illegal use of his/her signature device by others. B- Immediately notifying the competent authority or the concerned persons whenever sufficient evidence that his/her electronic signature used illegally, are available. C- To give due diligence to use the electronic authentication certificate to ensure the accuracy and completeness of all significant data relevant to this certificate throughout the validity period thereof. Chapter 5 Concluding Provisions Article 22 The competent authority shall regulate conducting the activity of electronic authentication and electronic signature services. Furthermore, such authority shall particularly conduct the following: A- Issuing and renewing licenses necessary for the conduct of electronic authentication and electronic signature services; and monitoring and supervising the activities of electronic authentication services providers pursuant to the provisions of the Law; B- Specifying the standards of the electronic verification and the electronic signature purporting to setting the technical specifications thereof; C- Receiving complaints related to the activities of electronic verification and the electronic signature and take the necessary action thereon; and D- Providing technical advice on the disputes that may arise between the parties concerned with electronic verification and electronic signature activities. Article 23 The Electronic Government Authority, in coordination with the competent authority, shall contribute to the construction, design and management of the infrastructure of the electronic signature in the Emirate. It may be granted the authority to authenticate the electronic signature for the governmental authorities in the Emirate. The same shall also provide technical advice and experts’ reports on disputes arising between the parties concerned with activities of electronic verification and electronic signature. The Executive Council of the Emirate, in coordination with the Electronic Government Authority, shall specify the fees to be paid against experts’ reports and services rendered by the Authority to others. Article 24 Governmental authorities in the Emirate shall transact one to another via their official electronic systems using unauthentic signatures. Article 25 This Law shall be promulgated and take effect as of the date of its issuance. Saud BinSaqr Bin Mohammed Al QasimiRuler of Ras Al Khaimah Promulgated by us on this day, Tuesday, 23rd of Rabea First 1439 A.H. Corresponding 12th of December 2017 A.D.
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We, Mohammed Bin Saud Al Qasimi - Crown Prince After perusal of the Constitution; And Federal Law No. 5 of 1985 on issuing Civil Transactions Code, as amended; And Federal Law No. 11 of 1992 on issuing Civil Procedures Code, as amended; And Federal Law No. 35 of 1992 on issuing Criminal Procedures Code, as amended; And Emiri Decree No. 20 of 2003 on merging Department of Financial Control and Department of General Accounts in one department named “Finance Department”; And Law No. 2 of 2012 on establishing Public Prosecution, as amended; And Law No. 5 of 2012 on Regulating Judiciary, as amended; Have promulgated the following Act: Article (1) Department of Finance, in coordination with Courts Department, Public Prosecution Department and relevant authorities shall undertake developing and investing assets and funds held by the two departments and the investment’s returns shall be considered public revenues and exempted from all taxes and fees. In case the revenues of any of the two departments exceeded its expenses, the increase shall be added to the assets and funds owned by such department. Article (2) Each of Courts Department & Public Prosecution Department should register and list trust funds in independent records. Article (3) The following lawsuits shall not be considered without legitimate excuse: (1) Claim lawsuits for debts and dues owed by any of Courts Department and Public Prosecution Department, which are not claimed by entitled persons within five years from the due date thereof. (2) Claim lawsuits for trust funds held by any of the two departments, which are not claimed by entitled persons within five years from the date of entitlement to refund them. After elapsing of such period, these funds shall become public money owned by the department holding them. (3) Claim lawsuits to return items seized during criminal investigation or the price thereof, after elapsing of five years from the date of notifying the person holding them of the order issued to return the same. Each of Courts Department and Public Prosecution Department shall, in the first half of the fifth year, announce the debts, trusts and items for which the mentioned periods are about to complete, in the ways it deems fit. Article (4) President of Courts Department, Attorney General and General Director of Finance Department, each within his competence, shall issue the necessary resolutions to implement the provisions of this law. Article (5) Each provision in a law that contradicts with the provisions of this law shall be cancelled. Article (6) This law shall come into force as date of its issuance and be published in the Official Gazette. Mohammed Bin Saud Al Qasimi Crown Prince Issued by us on Sunday 21 Dhu Al-Qidah 1441 H. Corresponding to 12 July 2020 G.
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Emiri Decree No. 6 of 2020 On Regulating Procedures of Overcoming Force Majeure Facing Compulsory Execution of Writs of Execution We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 11 of 1992 on issuing Civil Procedures Code, as amended and executive regulation thereof; And Federal Law No. 14 of 2014 on Controlling Communicable Diseases; And Law No. 5 of 2012 on Regulating Judiciary, as amended; And Emiri Decree No. 2 of 2012 on forming judicial committee for real estate & rental disputes in Emirate of Ras Al-Khaimah, as amended; Have promulgated the following Decree: Article (1) Except lawsuits for executing judgments issued in respect of labors’ rights and personal status matters, the precautionary measures taken to confront spread of (Covid – 19 – Corona) shall be considered exceptional general incident, with which the execution judge shall take the following procedures: 1- Postpone executing evacuation of places rented for residential purpose. 2- Replace travel ban for the debtor by imprisonment thereof. 3- Postpone issuing decisions of arresting and bringing debtors. 4- Stop procedures of distraint on movables, states, stocks and bonds 5- Issue a decision to encash a monthly amount from the attached money with banks upon the request of the distrainee which cover essential needs of himself and his family, unless he has other source to meet them. The execution applicant shall be notified of taken procedures in implementation of the provisions of this decree. Article (2) This decree shall come into force for two months as date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us on 28 Rajab 1441 H. Corresponding to 23 March 2020 G.
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Law No 5 of 2019 To amend Law No. 4 of 2018 On regulating Petroleum Sector in Ras Al Khaimah We, Saud Bin Saqr Al Qasimi, Ruler of Ras Al Khaimah, Pursuant to perusal of the Constitution; and Law No. 4 of 2018 on regulating Petroleum Sector in Ras Al Khaimah, Have promulgated the following Law. Article No. 1 Definition of the word “Company” provided in Article No. 1 in Law No. 4 of 2018 on regulating Petroleum Sector in Ras Al Khaimah shall be deleted. Article No. 2 Articles 6, 8 and 11 provided in Law No. 4 of 2018 on regulating Petroleum Sector in Ras Al Khaimah shall be amended as follows: Article No. 6 “The Authority Terms of Reference” The Authority shall assume the powers granted to the competent local authority under Federal Law No. 14 of 2017 on trading Petroleum products and dealing with all issues related to petroleum resources in the Emirate; such as, A) Managing Petroleum resources for the benefit of the Emirate's economy in accordance with this Law and other relevant federal and local laws; B) Coordinating with competent authorities on implementing the provisions of this Law and managing and supervising Petroleum Sector in the Emirate; C) Adopting and supervise the execution of policies, procedures and rules pertaining to the Petroleum sector in the Emirate in coordination with the competent authorities; D) Issuing resolutions, directives, rules and orders necessary to implement the provisions of this Law; E) Adopting the standard form of petroleum operations agreements; F) Conducting and approving tenders related to granting rights of petroleum operations implementation; G) Recognizing the requirements of investment in Petroleum Sector and establishing financial conditions related thereof including dividends and any other terms related to investors in this sector; H) Concluding an implemented Petroleum Operations Agreements with entities that enjoy financial solvency, qualifications, technical and professional skills required; I) Exercising rights, on behalf of the Government, related to the negotiation, execution, supervision and enforcement of performance, renewals and termination of Petroleum Operations Agreements; J) Conducting oversight of all persons and legal entities engaging directly or indirectly in Petroleum Operations and in the Petroleum sector in coordination with competent authorities; K) Appointing qualified cadres to provide the necessary support to the Authority to carry out its work; L) Performing other responsibilities and tasks as required to achieve the objectives for which the Authority is established or as assigned to the Authority by the Ruler or the Executive Council every now and then. Article No. 8 – President A president, appointed by the Ruler, shall preside the Authority to be on top of its organizational structure and shall be responsible before the Ruler for ensuring the implementation of duties mandated to the Authority under this Law, especially the following: A) approving the Authority's general policies, strategic plans, regulations, decisions, and regulations made by the Authority; B) Approving the Authority's organizational structure and any changes thereto submit it to the Executive Council for approval after the Department approval; C) Approving the Authority's annual draft budget and its final account; D) Forming a technical committee to evaluate the offers and applications for petroleum operations agreements; E) Assuming all other responsibilities mandated thereto under regulations of the Authority and/or regulations provided by Ruler or his representative; F) Delegating whomever deemed appropriate to exercise any powers or authorities provided by this Law. Article No. 11 - Agreement of Petroleum Operations A. No Petroleum operations shall be implemented without an agreement with the Authority pursuant to the form approved thereby. The agreement shall come into force upon the approval of the Ruler or his representative and shall be applicable for a definite term; B. The agreement of petroleum operations executed between the Authority and contractors shall be the document governing the relation between both parties upon the approval of the Ruler or his representative. Article No. 2 This Law shall come into force as of the date of issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued this day,26 Dill-Qa’dah of 1440 A.H. Corresponding to 29th of July, 2019 A.D.
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Law No 8 of 2017 On Tax levied on branches of Foreign Banks in Ras Al Khaimah We, Saud Bin Saqr Bin Mohamed Al Qasimi, Ruler of Ras Al Khaimah After perusal of United Arab Emirates Constitution; - Federal Law No. 10 of 1980 on the Central Bank, as amended; - Federal Law No. 11 of 1992 to issue the Civil Procedures Law, as amended; - Federal Law No. 35 of 1992 to issue the Criminal Procedures Law, as amended; - Federal Law No. 7 of 2017 on Tax Procedures; - Law No. 4 of 2012 called “Law of Government Lawsuits”; - Law No. 7 of 2012 on Incorporation of Ras Al Khaimah Executive Council; - Law No. 8 of 2016 on Regulating the Practice of Economic Activities in Ras Al Khaimah; - Emiri Decree No. 20 of 2003 on Merging Financial Control and Department of Public Accounts in one department called Finance Department; and - Pursuant to the approval of the Executive Council, Have promulgated the following law: Article (1) The following words shall have the following meanings respectively unless context otherwise indicates: “UAE” refers to the United Arab Emirates. “Emirate” refers to Ras Al Khaimah. “Ruler” refers to His Highness Ruler of Ras Al Khaimah. “Government” refers to Ras Al Khaimah Government. “Department” refers to Finance Department in Ras Al Khaimah. “Director General” refers to Director General of Finance Department. “Division” refers to Tax Division in Finance Department; “Branch” refers to a bank unit operating in the Emirate and affiliating a foreign bank. “Tax Base” refers to the branch net profit subject to tax under the provisions of this Law. “Fiscal Year” refers to the year starting in January 1st and ending in December 31st of each calendar year. “Capital Expenditure” refers to the expenses having a capitalism nature and non-operational nature that might be useful in consecutive financial terms. “Regional Administration Expenses” refers to the supervisory expenses of the regional administration existing inside and outside the Emirate. “Central Expenses or Inter-Branches Common Expenses” refers to common operational expenses used to serve all branches operating in the Emirate. “Central Revenues or Inter-Branches Common Revenues” refers to operational revenues resulting from investments and common activities of branches operating inside or outside the Emirate. “Outstanding Interests” refers to the accrued interests of the slow-moving and doubtful debts, which have been set aside from revenues account. “Accounting Policies” refers to the policies applicable on a fixed basis by the foreign branch. The same shall be established on basis of accrual principle pursuant to the International Reporting Standards. “Branch Assets” refers to total assets of the branch without deducting the doubtful debts allocation, the outstanding interests of these debts and any other allocations. “Registration” refers to the measurement performed by the branch to be recorded in the Department for Tax purposes. Article (2) The provisions of this Law shall be applicable to all branches of foreign banks operating in the Emirate. Article (3) A (20%) twenty percent tax out of the branch tax base net shall be levied. Article (4) Branch shall apply for registration before the Division and notify the same of any change therein within no more than (20) twenty working days from the date of obtaining the license or amendment. Director General, under a resolution therefrom, shall determine the procedures related thereto. Article (5) Tax Base shall be calculated pursuant to the accounting policies followed by the foreign branch and be approved by external auditors of the branch after carrying out necessary amendments pursuant to the following rules: A. For tax purposes, expenses of the head office shall be substantiated and registered to reflect the base of distributing these expenses and certified by the auditors of the head office; B. Branch shall incur the regional administration expenses on a pro rata of its assets to the total assets of the branches operating inside or outside the UAE which are covered by these expenses; C. Expenses of the head office and the regional administration collectively may not exceed 2.5% of the total revenues of the branch after excluding inter-branches received and paid interests inside the Emirate; D. Branch shall incur the central and common expenses on a pro rata of its assets to the assets of the branches inside and outside the UAE; E. The branch proportion shall be calculated out of the net central and common revenues on basis of the percentage of the branch assets to total assets of the branches included in these revenues; F. General and contingency allocations are not deemed due deductible expenses for tax purposes. Allocations specified for the customers’ doubtful accounts may be allowed. However, the allocation shall be deemed specified if the same belongs to a specific doubtful and totally or partially unguaranteed debt and all evidence indicates non-possibility to collect it totally or partially; G. Outstanding interests may be deducted if the same belongs to unguaranteed debt without any movement thereon and all evidence indicates non-possibility to collect it totally or partially; H. The total value of fixed assets and capital expenditure may not be fully deducted at the same year wherein purchase or disbursement occurred. However, these assets shall be depreciated and these expenses shall be amortized within reasonable term of years, as is recognized between banks; I. Bank transactions between the branch and the head office or the other branches inside and outside the UAE including interests and received or paid commissions shall be calculated on basis of inter-banks prevailing interest rates of different currencies in addition to the applicable and recognized bank standards concerning currencies and other fees; J. Branch loss of any fiscal year may be carried over to the consecutive year provided that the same shall be discounted from its profits for the purposes of calculating tax base. However, the remaining part, if any, shall be carried over only to a second year. No loss realized in any year may be deducted from the profits of the previous years; and K. Branch must follow the accounting policies pursuant to the International Reporting Standards. Article (6) The branch shall keep records of its accounting business, books and any documents or information related to tax and maintain the same for (5) five years consecutive to the tax accrual. Article (7) Tax declaration, data, information and records related to tax, to be submitted to the Division, shall be submitted in Arabic and Division may accept data and documents related to tax in any other language provided that the branch is committed to provide an Arabic translation thereof to the Division on its account and responsibility, if requested. Article (8) Within (90) ninety days from the date of fiscal year expiry, branch shall submit tax declaration; signed by its legal representative, approved by external auditors and attached thereto its audited financial statements, to the Division wherein tax base of the relative fiscal year shall be reflected. However, the branch must pay tax reflected in declaration within that period. Article (9) If branch business is liquidated, tax declaration about its business during the year wherein the same ceased up to the date of cessation shall be submitted within (90) ninety days from the date of cessation pursuant to the rules of annual report submission. Article (10) Division may audit tax declaration submitted by the branch and examine all books, papers and records for verification. In this regard, Division may obtain original records or a copy thereof; rectify or amend the declaration; and claim tax differences accrued from the branch after amendment or rectification. Article (11) Division has the right to audit all books, records and papers of the branch in case of non-submitting the tax declaration on time specified. Moreover, Division may issue approximate tax adjustment, if auditing fails for a reason related to the branch. Article (12) 1. Division shall issue tax adjustment wherein accrued tax, to be notified to the branch, shall be prescribed If, after auditing, it is established that a tax exceeds statements in the declaration is accrued or the declaration is not submitted. This adjustment may not be conducted after (5) five years from the end of the fiscal year for which the tax is accrued and this adjustment data shall be determined under a resolution from the Director General; and 2. If tax evasion is established, Division has the right to conduct tax adjustment within (15) fifteen years from the end of the fiscal year during which the evasion has been committed. The same provision shall apply in case of non-registering the branch with the Division provided that such period shall commence from the date on which the branch should have been registered. Branch shall pay the tax of which an adjustment has issued within (20) twenty working days from the date of its notification. Article (13) 1. Branch may apply to the Division to reconsider any resolution issued thereby. This application must be substantiated and be applied within (10) ten working days from the date of notifying the resolution thereto; 2. Division shall examine the application of reconsideration that meets requirements, conclude a substantiated resolution thereon within (20) twenty working days from the date of receipt and notify the branch with its resolution within (5) five working days from the date of issuing the same; and 3. Branch is entitled to challenge resolutions issued by the Division before the committee examining the tax objections within (10) working days from notifying the same thereto and the challenge shall be recorded in the register maintained for that purpose. Article (14) Under a resolution from the Director General, a committee shall be established from a head, who is a non-division staff and two tax expert members to examine tax objections arising from the application of the provisions of this Law. An employee, authorized thereby shall be appointed as a secretary of the Committee. Article (15) The Committee, holding confidential meetings, shall convene in headquarter of Finance Department or any other place, if necessary. Resolutions thereof, adopted by majority of members’ votes, shall be substantiated and signed by the Head and Secretary within no more than (5) five working days from the date of their issuance. Article (16) 1. Committee shall examine the objection submitted thereto within (30) thirty working days from the date receipt and notify the branch and the Division of its resolution within (10) ten working days from the date of its issuance. The branch shall pay the accrued tax pursuant to this resolution within (20) twenty working days; and 2. In all case, no tax disputes lawsuits shall be admitted before the competent court unless the same is objected initially before the Committee. Article (17) Resolutions issued by the Committee shall be deemed a writ of execution even if they are objected. The same shall be executed by the Execution Judge before the competent court pursuant to the Civil Procedures Law applicable in the UAE. Article (18) Both government and branch have the right to object the Committee’s resolution before the plenary circuit of the First Instance Court within (20) twenty working days from the date of notice on resolution if the value of the tax difference accrued thereby and the penalties exceed (AED 100,000/-) one hundred thousand dirhams. This objection is excluded from the permission to file a lawsuit, which is prescribed in the Law of Government Lawsuits No. 4 of 2012. Article (19) If the branch failed to pay the accrued tax or administrative penalties within the term prescribed in this Law, the following procedures shall be taken against: 1. Division shall serve the branch a notice to pay the accrued tax and administrative penalties within (20) twenty days from serving the notice thereto; 2. After serving the notice, if the branch fails to pay, Director General shall issue a resolution, served to the branch and attached thereto tax and penalties adjustments, to oblige the same to pay the accrued tax; and 3. Resolution of Director General issued pursuant to the provision of the abovementioned clause is deemed a writ of execution to be executed by the Execution Judge in the competent court. In all cases, the accrued tax and administrative penalties notified to the branch are not time-barred. Article (20) Branch is entitled to refund all amounts paid in excess of the accrued tax under an application submitted to the Division subject to the following: 1. Division shall refund the excess paid amounts pursuant to the controls and procedures developed thereby; 2. Division shall offset the amount to be refunded and any other tax amounts or administrative penalties accrued on the branch; and 3. Division is entitled to non-refund the amount if other disputable tax amounts were established. Article (21) Tax Auditors in the Division shall have the capacity of judiciary officers while establishing violations committed in contradiction to the provisions of this Law. Article (22) Branch shall be levied an administrative penalty of (AED 5000/-) five thousand dirhams if the same fails to submit tax declaration on time. However, the same shall be levied (2%) of every 30 days or any part thereof from the value of accrued tax as is in the declaration or in the final adjustment made by the Division, if the branch fails to pay the same within the legal specified term. In all cases, the administrative penalty, that entails no exemption from tax payment, shall be collected by the same methods of collecting the tax. However, penalty may be reduced or exempted if the branch submits a justification, to be accepted by Division, of non-performing its obligation. Therefore, the exemption shall be issued by virtue of a resolution from Director General. Article (23) A penalty of tripling and non-exceeding fivefold of the accrued tax shall be levied on every branch:- 1. Deliberately reduced the actual value of the branch business and its profits with an intent to non-pay the accrued tax or part thereof; and 2. Deliberately refrained to submit information; submitted incorrect information and erroneous data or destructed; or concealed records and documents with an intent of tax evasion. No punishment sentenced, in implementation for this Law, may be mitigated. Article (24) Criminal Lawsuit about the crimes provided in the abovementioned article shall be only initiated under a request from Director General. The same may be conciliated in any case whatsoever in consideration for paying the double of the accrued tax. Therefore, the conciliation shall results in lapse of the criminal lawsuit. Article (25) After enforcing this Law, the bank, conducting its activity for the first time in the Emirate, shall be exempted from the tax levied hereby for two years as of the date of licensing to operate the activity. In all cases, no tax exemption prescribed under other laws shall be applicable to such bank. Article (26) In coordination with Economic Development Department, Division shall notify branches of foreign banks operating in the Emirate of this Law. However, these branches shall be registered with the Department within (20) twenty working days from the date of this notice. Article (27) This law shall be published in the Official Gazette and be applicable from the date of its promulgation taking into account the validity of provisions hereof relating to tax as of the fiscal year 2018. Issued by us on Wednesday, Safar 12th, 1439 A.H. Corresponding, November 1st, 2017 A.D. Saud Bin Saqr Bin Mohamed Al Qasimi, Ruler of Ras Al Khaimah
Classification
Law
Resolution To issue the Executive Regulation of Act No.(2) of 2016 on the establishment of RAK Center for Statistics and Studies We, Mohammed Bin Saud Al Qassimi - Crown Prince Having considered:- Act No.7 of 2012 on establishing an Executive Council in Ras Al Khaimah; Act No.2 of 2016 on establishing RAK Center for Statistics and Studies; Pursuant to the resolution of the Executive Council on adopting the Executive Regulation of RAK Center for Statistics and Studies, And as may be dictated by public interest, It is HEREBY RESOLVED that:- Definitions Article(1) In the implementation of the provisions of this Resolution, the following words and expressions shall have the meanings assigned thereto, unless otherwise required by the context:- Territory: United Arab Emirates; Emirate: Ras Al Khaimah; Ruler: The Ruler of Ras Al Khaimah; Government: The Government of Ras Al Khaimah; Executive Council: The Executive Council of the Emirate; Centre: RAK Center for Statistics and Studies; Board of Directors: Board of Directors of the Center; CEO: CEO of the Center; Authority: The Federal Authority for Competitiveness and Statistics established under the provisions of Federal Law No. 6 of 2015. Data: Figures or statistical information collected through conducting of statistical surveys, censuses, search in the administrative records or other resources for the sake of accessing statistical information or evidence of competitiveness indicators. Statistical information: Data collected, organized, summarized, presented and analyzed in order to get reliable results. Data Resources: include government departments, authorities, public institutions, economic zones authorities and any other authority subsidiary to the government of the Emirate, as well as charitable and civil institutions and associations, foundations, companies and individuals in the Emirate, in addition to federal public ministries, authorities, foundations and international organizations and institutions with regard to the Emirate’s data. Administrative records: statistical, paper-based and electronic records, forms or charts in which statistical information prepared for this purpose is recorded in any government or non-government authorities. Statistics: collecting, analyzing, tabulating and publishing statistical data and information. Statistical documents: maps, charts, records, forms, manuals, methodologies, sample lists, and the like, which contain statistical data and information. Statistical Survey: Any method used to collect statistical data and information from the target sector under research or study, whether fully or through a sample determined pursuant to the international recognized scientific methods. Survey Study: Surveying opinions, measuring trends and collecting information, data and statistics through specific methodological procedures interdependence in order to achieve the objectives of the exploratory study to determine the reality of a specified matter in a specified period. Objectives and Competencies of the Center Article(2) The Center aims at organizing and building a modern and integrated statistical system to support the development policies and requirements of the sovereign and competitive ratings of the Emirate, in order to achieve this purpose, it is competent to the following tasks: 1. Collecting, managing, updating, maintaining, coordinating, consolidating, analyzing and protecting statistical data and information from all data resources of the Emirate. 2. Adopting the latest technical means that accommodate all the tasks related to the management and organization of statistical work in the Emirate pursuant to the latest international methods and standards. 3. Designing and implementing of a unified statistical system within various sectors in the Emirate, characterized by comprehensiveness, accuracy, consistency, modernity and continuity. 4. Participating in projects, programs and statistical surveys at the State level, as well as organizing and participating in conferences, forums, workshops and statistical scientific programs inside and outside the country. 5. Unifying of definitions, methodologies and classifications used in the statistical work of the local departments and other authorities relevant with the definitions and statistical concepts approved by the Authority. 6. Providing statistical data and information within the limits of what is authorized to the government, federal and local departments, enterprises, investors, business community and individuals. 7. Preparing and publishing of the annual statistical book, periodic reports, various statistics and statistical indicators in the Emirate. 8. Training the employees in the field of statistics, working on the development of statistical devices in the resources of data and providing technical advice to them. 9. Working on spreading statistical awareness at the level of the Emirate. 10. Conducting exploratory studies and other specialized studies on population, social, educational, health, economic, environmental phenomena etc. 11. Coordinating and cooperating with various federal and local authorities concerned with statistics in various aspects of statistical work and in accordance with the adopted strategy of the State. 12. Conducting any survey for the applicant against a fee to be approved by the Executive Council in accordance with the established procedures in this respect. 13. Conducting opinion surveys on population, social, economic, cultural and other phenomena in the Emirate. 14. Participating in events and sponsorships that contribute to the development of the local community in the Emirate. 15. Any other duties or competencies to be assigned by the Ruler. Organizational Structure of The Centre Article(3) The organizational structure of the Center comprises of the Board of Directors, the CEO, and the Associate Administrative Machinery in the departments, sections, units and branches, in addition to the Advisory Board. Board of Directors Article (4) A. The Board of Directors of the Center shall compromise of at least five members, including the President, who shall be appointed by a resolution of the Executive Council for a renewable period of three years. The Board shall be responsible for the general supervision of the Center's actions and activities and conducting the business and taking the necessary resolutions to achieve its objectives, as well as it shall in particular undertake the following tasks:- 1. Adopting the general policy of the Centre and the necessary plans to implement the same. 2. Adopting and issuing all the regulations and resolutions necessary for proper functioning. 3. Adopting the strategic plans for the statistical work. 4. Considering of the annual performance reports on the activities of the Center and submitting them to the President of the Executive Board for approval. 5. Adopting the training plans and programs necessary for providing qualified national cadres. 6. Adopting controls that ensure the protection of statistical data and information. 7. Adopting the draft of the organizational structure of the Center. 8. Establishing the Advisory Council of the Center. 9. Appointing an external auditor if needed, determining his fees and forwarding the appointment resolution to the Executive Board for approval. 10. Approving the annual draft budget of the Center and the final account of the same, and submitting it to the competent authority in the Emirate in accordance with the government system followed. 11. Considering, commenting, amending, cancelling or exempt from the fees and charges of the services provided by the Center and forwarding to the Executive Board for adoption or to decide what is necessary in this regard. 12. Considering accepting aid, donations and other financial subsidies to the Center to contribute to the achievement of the objectives. 13. Considering approving the contributions of the Center to the social welfare necessary to contribute to the development of the local community. 14. Any other tasks or competencies to be assigned by the Ruler or the Executive Council. 15. The Board of Directors may delegate the President of the Board to any competences of the same, provided that the authorization is written and fixed term. Meetings of the Board of Directors Article (5) The internal regulation of the Board of Directors shall determine the procedures of convening the Board and the mechanism of voting on the resolutions of the same pursuant to the following: 1. The Board of Directors shall hold the meetings in the Emirate at least once every three months or as-needed; pursuant to a call accompanied by the Agenda from the President of the Board or three members of the Council. The meeting shall be attended by the majority of the members including the President or his representative. 2. The resolutions of the Council shall be issued by the majority and in case of equality, the President shall have the casting vote. 3. The Board of Directors shall, at the first meeting, elect a representative from the members to replace him in his absence. 4. Members of the Council may take part in the meetings of the Council through the means of visual information technology. 5. The task of the Board Secretariat may be assigned by The Board of Directors to any of the staff of the Center nominated by the Executive President. 6. The minutes of the Board of Directors meetings shall be recorded regularly and signed by the President of the Council and shall be kept in the appropriate manner after each session. 7. If a member of the Board fails to attend three consecutive meetings or five sessions without an excuse accepted by the Council, the Chairman shall make a recommendation to the President of the Executive Council to take the necessary action. Powers of Chairman of the Board of Directors Article No. 6 Chairman of the Board of Directors shall be primarily responsible for general supervising on implementing the general policy of the Center and adopting resolutions that ensure fulfillment of its objectives; more particularly he/she shall : 1. Call Board of Directors to convene and preside its meetings; 2. Set statistical data and information and subjects needed to be submitted before Board of Directors; 3. Without having the right to vote, call all experienced and competent individuals needed to appear in the meetings of the Board of Directors; 4. Establish committees from members of the Board of Directors for the sake of discussing specific matters and submitting the same before Board of Directors; and authorize these committees to seek the assistance of required experts and specialists; 5. Issue resolutions of appointing the Center’s first and second degree staff under the Act of Human Resources No. 1 of 2013; 6. Set duties and powers of the Board of Directors’ Secretary; 7. Receive reports, studies and internal briefs from the Center’s CEO and act thereupon; 8. Participate in conferences and forums held inside and outside the UAE to set the best practices in statistical field and may authorize a representative to perform the same; 9. Coordinate with other chairmen of statistic centers inside and outside the UAE regarding the matters of common interest and submit relevant reports to the Board of Directors; 10. Set support frameworks required to the Center from Department of Economic Development in all logistic fields and all matters necessary for smooth running of business inside the Center pursuant to the submissions provided by the CEO. In this regard, he/she, in coordination with the said Department, shall take all proper procedures to promote benefitting from available resources and capabilities; 11. Supervise the coordination with different government authorities in the Emirate in order to provide necessary support to the Center concerning the application of relevant government policies and systems; 12. Supervise the coordination with Sheikh Saqr Program for Government Excellence in order to apply the program of quality and excellence in the Center; 13. Supervise the issuance of periodic reports including resolutions, recommendations, procedures and measures taken by the Center and other matters related to its affairs; 14. Handle all matters submitted by His Highness the Ruler or the Executive Council. Chief Executive Officer (CEO) Article No. 7 A. CEO, as a representative of the Center before other parties, shall be the primarily responsible for administrating and implementing the general policy of the Center. The Executive Council, based on a recommendation from the Board of Directors, shall appoint the CEO who shall only be dismissed by the same method of appointment and shall assume the following powers: 1. Drafting the organizational structure of the Center including powers of departments, sections, units and branches pursuant to principles and standards of governance concerning administration of government institutions and referring the same to Board of Directors for approval; 2. Drafting short, medium and long-term strategic plans of the Center and referring the same to Board of Directors for approval; 3. Drafting annual budget and final account of the Center and receiving the approval of the Board on the same pursuant to the procedures followed in the Emirate; 4. Passing all organizational regulations necessary for smooth running of business inside the Center; 5. Supervising the administrative board of the Center directly and follow-up tasks mandated thereto; 6. Issuing resolutions of appointing the Center’s staff employed in fourth to fourteenth degree under the Act of Human Resources applicable in the Emirate; 7. Referring reports of annual performance on the Center’s activities to the Board of Directors for review and comment; 8. Supervising the development of operational plans of departments and sections; 9. Proposing the appointment of internal auditor for the Center and referring the same to Board of Directors for approval; 10. Establishing the committee of Human Resources and preparing disciplinary penalties regulation pursuant to the act of Human Resources applicable in the Emirate and referring the same to Board of Directors for approval; 11. Establishing committees and teams necessary for follow-up, supervision and internal and external audit to ensure transparency and integrity of the Center’s internal activities thus promoting the objectives of the governance and achieve standards of quality and institutional excellence on Emirate and UAE-level; 12. Approving recommendations of Human resources Committee regarding all matters of the Center’s staff; 13. Opening and operating bank accounts in the name of the Center after submitting the same to the Chairman of the Board of Directors pursuant to the financial system followed in the Emirate in this regard; 14. Issuing daily payment orders within the limits of approved budget; 15. Coordinating with Chairman of the Board of Directors concerning developing plans and programs necessary for smooth running of business inside the Center; 16. Submitting proposals on fees and financial resources of the Center to Board of Directors for consent and to Executive Council for approval; 17. Developing disciplines and procedures necessary to enter into contracts and agreements in the name of the Center; 18. Developing disciplines ensuring confidentiality of Statistical data and information submitted by the Center to ensure non-disclosure of the same and taking all measures in this regard including collecting and maintaining such data and information in places wherein safety and security as per the latest recognized systems in the field of Information Security are secured; 19. Seeking assistance of whomever fulfilling the interest of the business including advisors, experts and specialists from outside the Center in different fields inside and outside the UAE; 20. Taking all procedures on the Center’s staff that ensure improving their work environment, stimulating their work and innovation and achieving their happiness; 21. Drafting the financial and administrative regulations necessary to organize work process in the Center, in addition to regulations on regulating Human Resources and training programs and referring the same to Board of Directors for approval; 22. Defining the scope of individual data not to be disclosed in the official statistical circulars to maintain its confidentiality; 23. Following-up with the authority the coordination of the statistical work to increase the competitiveness of the UAE and taking all procedures necessary to provide data and information required by the authority; 24. Coordinating with the Authority upon considering any amendment to the records or statistical forms utilized thereby so as to ensure satisfaction of statistical work requirements inside the UAE by these records and forms; 25. Preparing plans and training programs necessary to provide sufficient number of qualified national staff and referring the same to Board of Directors for approval; 26. Attending the meetings of Board of Directors upon calling from its president without having a counted voice in voting; 27. Having the responsibility of other duties assigned thereto by the Center’s Board of Directors; B. CEO may authorize some of his powers to any of the Center’s staff provided that the authorization shall be in-writing and with a limited term and may authorize others to represent him/her before authorities. Administrative Board of the Center Article No. 8 1. The Center shall have a board of administrators and technicians, who shall be appointed pursuant to the Act of Human Resources applicable in the Emirate for the sake of supporting the CEO in implementing powers and duties mandated by the Center; 2. The function of administrative board and policies of teams and committees shall be organized pursuant to by-laws prepared by the CEO and approved by Board of Directors; 3. Staff of Administrative Board shall be governed by Sheikh Saqr Program for Government Excellence for the sake of implementing quality and excellence program in the Center; 4. Remunerations and allowances of staff and remunerations of teams, committees, experts and advisors shall be organized pursuant to financial by-laws prepared by the CEO and approved by Board of Directors. Advisory Council Article No. 9 The Center shall have an Advisory Council to be appointed under a resolution from Board of Directors and shall be comprised of a number of members with experience and competencies relevant to the business of the Center. The Council shall provide technical consulting thus contributing to upgrading the level of statistical work in the Emirate to match the best practices and international standards. The Council shall be called for meeting at least once annually. Coordination Committee Article No. 10 Board of Directors may establish a Coordination Committee including members with experience and competencies in the fields of planning, statistics, studies and other fields needed by the Center. The said Committee may include representatives of production and services sectors and shall convene twice annually or by a call from the CEO to convene exceptionally, if necessary. Committee shall provide consulting on how to upgrade the level of statistical work in the Emirate and means of optimal cooperation with different production and services sectors to instantaneously obtain accurate data and promote competitiveness of the Emirate and the UAE; and consulting on any subjects related to statistical work. Cooperation of Data Resources Article No. 11 Data Resources and research providers shall fully cooperate with the Center and its authorized individuals to conduct census, statistical surveys, opinion polls and specialized studies thus fulfilling its objectives including furnishing all statistical data and information on all proper platforms pursuant to the latest technology prescribed by the Center to ensure its effective and accurate flow. The Center shall develop technical disciplines regulating its relations with such resources. Relation of The Center With The Authority Article (12) The Center shall take over the following: 1- Conduct statistic surveys pursuant to annual survey program approved by the Authority and pursuant to the methodologies, standards, classifications, definitions, models, forms and dates approved thereby without violating the right of the Center to conduct statistic surveys in the Emirate pursuant to strategies and annual and future plans of the Center and in the way that does not contradict with the requirements of the statistic work in the State. 1- Provide the Authority with the details of the surveys stated in clause (1) of this article after collecting, reviewing and tabulating the same. 2- Coordinate with the Authority to approve and apply methodologies, standards, classifications and definitions related to statistic operations. 2- Unify and coordinate efforts and cooperate with the Authority to issue national indicators. 3- Participate in the project of e-link between the Center and Authority. 3- Conduct joined surveys with the Authority when necessary. Relation of The Center With The Government Authorities Article (13) The government authorities shall abide, pursuant to the Act of establishing the Center & Articles of this Regulation, by the following: 1- Facilitate the task of the employees of the Center in charge of any of statistic or census works and ensure easiness of their communication with related authorities and provide the information required by them for statistical purposes, including allow them to look over records and other means of saving information. 1- Assign a Liaison Officer to represent the concerned government authority in any organizational arrangements to coordinate the joint work with the Center. 2- Provide the Center with any statistics required thereby within the frame of its competence 2- Coordinate with the Center before making any amendments or additions to records forms or statistic mechanisms used thereat in order to ensure that these records, forms and mechanisms meet the purposes of the statistic work in the Center. 3- The persons concerned with statistic work in the government authorities in the Emirate shall comply with definitions, classifications and technical standards approved by the Center. 3- Any government authority may, in coordination with the Center, conduct any survey to collect specific data, it is related directly to its work scope and not available with the Center. It is prohibited for government authority to publish such data except after the approval of the Center. 4- Any government authority in the Emirate may not conduct any general statistical surveys except after obtaining approval of the Center. Relation of The Center With The Other Authorities Article (14) 1- Every natural or legal person shall provide all required data to employees of the Center who are in charge of any of statistics and census works and such data should be presented in the way and on times determined by the Center. 1- Persons mentioned in clause (1) of this article shall facilitate the task of the employees of the Center to verify the data and information presented to them, including looking over the records, papers, documents and other means of saving information. 2- The employees of the Center are entitled to put necessary numbers, letters and marks on public and private buildings to serve the statistical work. 2- No individual or non-government authority may conduct any field or non-field statistical surveys or make exploratory studies for third party, except after obtaining permission from the Center pursuant to the following conditions: A- Permission application shall be submitted to the Center indicating subject of the permission, reason thereof and applicant authority, attached with documents of applicant’s ID whether he is individual or company. B- The Center shall study the application and take resolution thereon by the CEO. C- The applicant whose application has been rejected may submit grievance to Chairman of the Center and the grievance should be answered not later than one week from submitting the same and his resolution in this regard shall be considered final. D- The authorized person shall undertake not to publish the findings of the authorized surveys or exploratory study except after approaching the Center and obtain its prior approval. E- The Center shall collect a fee against the permission pursuant to the fees schedule approved by the Executive Council. F- Copy of the forms of this survey and the studies and the analysis thereof shall be saved in the Center’s archive. Relation of The Center With Department of Economic Development Article (15) Department of Economic Development shall provide the logistic support to the Center in terms of premises, information, documents, technical support, manpower and other means of support temporarily to achieve its objectives and till issuance of a resolution by the Executive Council in this regard. Article (16) By this regulation, all rights, obligations, responsibilities and powers vested to Department of Economic Development in the Emirate in managing the statistical work shall be transferred to the Center. The Department and the Center shall be entitled to take the procedures prescribed by the Current Human Resources Act regarding transfer the necessary employees specialized in the statistical studies and work from the Department to the Center in accordance with public interest. Data Confidentiality Article (17) 1- All individual and unpublished information and data collected or saved by the Center or the supporting natural, moral, governmental and non-governmental authorities, related to any survey or statistical census shall be considered confidential, and the Center or any of the employees thereof may not inform anybody or public or private authority of such information or data or disclose or use the same for any of statistical purposes, except after obtaining permission from management of the Center. 1- Upon publishing the official statistics, the Center shall commit to not disclose any individual information in order to maintain its confidentiality. 2- The employees working in the field of statistics in the Center and government and non-government authorities who are concerned with any survey or statistical census in coordination with the Center, shall commit to sign on a declaration not to disclose or publish any individual information or data. 2- The statistical information and data should be disclosed if such disclosure is in execution of judicial order or judgment. 3- The Center should take the appropriate procedures to apply terms of security and safety to ensure protection of statistical data and information. Article (18) The following shall be excepted from the rule of data confidentiality: 1- Using the individual data to prove violating the provisions of the law of establishing the Center and this regulation or systems and resolutions issued thereby. 1- Using individual data related to the person or authority provided their written approval thereon. Publishing of Data Article (19) The Center may publish results of public statistical data and information in periodical bulletins or annual reports except personal statistical data and information. It is prohibited for any government or non-government authority to publish any statistical data or information, whatever the content thereof or the authority preparing the same without obtaining written approval from the Center. Any statistical data issued by a way not prescribed by the law and this regulation shall be considered unrecognized by the Emirate and the State and the Center shall be entitled to take all legal procedure in this regard. Refrain From Providing Data Article (20) 1- The person, subject of research, shall be considered reluctant from giving the required data if he does not provide the same within 30 days from the date of notifying him thereof, unless it is proved that he had legal excuse which prevented him from providing this data, except statistics works where deadlines of providing the data are determined by a resolution issued by the Executive Council in this regard. 1- It is not permissible to invoke by not disclosing secrets of profession when providing or requesting data and information pursuant to provisions of Act no. (2) Of 2016 regarding establishing RAK Center of Statistics & Studies and this regulation and the resolution issued in implementation thereof. Law Enforcement Article (21) 1- As applied in the Emirate, a resolution shall be issued based on recommendation of the CEO, of the names of the employees who shall have the capacity of law officers in proving the deeds which violate the provisions of the Act no. (2) of 2016 regarding establishing the Center and this regulation. 1- Controllers shall, under supervision of CEO, make necessary violation report and refer the same to the competent authority. 2- The Center shall be entitled to seek the help of other government authorities in order to execute the provisions of Act and the executive regulation thereof and these authorities should provide support and help once requested. 2- The Center is entitled to seize any printing tools, records or bulletins or others that might be used in any of the violations stated in Act no. (2) of 2016 regarding establishing the Center and the executive regulation thereof and take all legal procedures thereon. Services Fees Article (22) The Center is entitled to collect fees pursuant to the fees schedule approved by the Executive Council against statistical permits for surveys and required statistical data, information and bulletins and against information services and technical consultancies and conduct specialized surveys for the applicants thereof, training and hosting conferences, seminars and workshops. The Center is entitled also to receive charge against providing any authority with information or certificates or documents or others required thereby. Money of The Center Article (23) Money of the Center is public money and all Acts and Regulations related to public money shall be applied in respect thereof. Cancellations Article (24) Each provision which is contrary to or inconsistent with the provisions of this resolution shall be repealed. Enforcement Article (25) This resolution shall be in force as date of its issuance and shall be published in the official gazette. Issued by us on this day twenty second of Shaaban 1438 A.H. corresponding to eighteenth of May 2017 A.D. Signature Mohamed Bin Saud Bin Saqr Al-Qasimi Crown Prince
Classification
Decision
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