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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
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
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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
Law No. 4 of 2019 On Seizing, Placing and Disposing vehicles We, Saud Bin Saqr Bin Mohammed Al Qasimi – Ruler of Ras Al Khaimah After perusal of the Constitution; Federal Law no. 12 of 1976 on Police & Security Force and the amending law thereof; Federal Law no. 11 of 1992 on Issuing Civil Procedures Law, as amended and its regulation; Federal Law no. 14 of 1995 on Combating Drugs & Psychotropic Substances, as amended; Federal Law no. 21 of 1995 on Traffic and its regulation, as amended; Ras Al-Khaimah Municipality Department Law of 1981; Law no. 1 of 2011 on Seizing, Placing and Disposing vehicles; Law no. 3 of 2018 on Occupying Roads & Outdoor Yards; and Emiri Decree No. 6 of 2015 on Establishing the General Resources Authority in Ras Al-Khaimah, Have promulgated the following law: Article (1) Definitions In applying the provisions of this law, the following words and phrases shall have the meanings respectively indicated below unless context otherwise indicates: Emirate: Ras Al-Khaimah Police: RAK Police General Headquarters General Commander: RAK Police General Commander Authority: General Resources Authority in RAK Government Vehicle: Any mechanical machine, normal bike, motorbike, car or any other device operates on the road by mechanical force or any other means, including tractor and trailer. Outdoor Yards: Every urban space isolated from vehicles movement located in front of, within buildings, or next to public roads and form part of the urban appearance of the place and wherein individuals shall practice some life activities with no need to special permission. Road: Any path opened for public traffic with no need for special permission. Article (2) The provisions of this law shall apply to all vehicles abandoned in the emirate except those owned by the government. Article (3) In implementation of the provisions of this law, the vehicle shall be considered abandoned in the following cases: 1- If it is abandoned on the outdoor yards, roads, public parking or empty plots owned by the government in a condition that distorts the public appearance or for a period more than (3) three months; 2- If it is abandoned in the parking areas opened for the public after elapsing the specified period; 3- If it is abandoned on plots owned by individuals in a condition that distorts the public appearance for a period more than (3) three months from the date of notifying its owner of or the landlord to remove the violation causes; and 4- If it is abandoned inside vehicles store complex upon the reason of seizing or placing ceased to exist for a period more than (3) three months from the date of notifying its owner. Article (4) RAK Police shall take the following procedures in respect of abandoned vehicle: 1- To seize the vehicle; state its descriptions, details and belongings that may be found therein and make report in respect thereof; 2- To keep the belongings therewith as trusts and move the vehicle to vehicles store complex; 3- To check the vehicle technically and prepare detailed report thereon; and 4- To notify the seizure incident to the owner of seized vehicle, other holders of rights therein registered with Traffic Department and the owner of the place of seizure by means approved with the police. Article (5) In coordination with the relative authorities, the Authority shall prepare and manage abandoned vehicles store complex. Therefore, Authority Board of Directors shall issue a resolution wherein the fees of placing the vehicles in the complex shall be determined. Article (6) The vehicle seized under a resolution issued by judicial or administrative authority shall be placed in vehicles store complex until a resolution in respect thereof is issued. Article (7) In coordination with the Authority, General Commander shall form Committee to sell the abandoned vehicles and the executive regulation thereof shall organize its membership and work mechanism. Such Committee shall be responsible for the following: 1- To issue an order on petition from the competent judge to sell the vehicle in public auction; 2- To execute the sale order by itself or seek the assistance of licensed public auction establishments; and 3- The executive regulation shall organize the membership and work mechanism thereof. Article (8) Before completing the sale of the vehicle by public auction, the owner of the vehicle is entitled to restore the same, provided that he/she pays all incurred fees and fines at the time of restoring the vehicle. Article (9) The Committee shall deposit the proceeds of the vehicle sale in special account with RAK Government after deducting all expenses and fines incurred due to vehicle seizure. If the price of the vehicle sale is not enough to cover the due fees and expenses, the difference shall be paid by the owner. Article (10) The title of the vehicle sold in auction shall devolve to the purchaser according to the provisions of this law free from any financial liabilities due to third party and the minute of auction awarding shall be considered as a title deed of transfer. Article (11) The right of the stakeholders to claim for the amount obtained from the sale process shall lapse after the expiry of (5) five years from the date of depositing the same in the special account and shall devolve to the public treasury account. Article (12) Without prejudice to any other severer punishment stipulated by other law, every person abandoned his/her vehicle as was stated in the third article of this law shall be punished by a fine not exceeding one thousand dirhams. Article (13) The General Commander shall take over the following responsibilities: 1- Preparing the draft of the executive regulation, which shall be promulgated by a resolution from the Executive Council; and 2- Issuing resolutions and special circulars to execute the provisions of this law. Article (14) Law no. 1 of 2011, System no. 1 of 2018 and whatsoever contradicts with or violates the provisions of this law shall be repealed. Article (15) This law shall come into force as of the date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohammed Al Qasimi – Ruler of Ras Al Khaimah Issued by us on this day, Rabai Al-Awal 1st 1441 A.H. Corresponding October 9th 2019 A.D.
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Law
Emiri Decree No. 18 of 2019 On establishing Section of Mediation and Amicable Settlement of Civil and Commercial Disputes We, Mohamed Bin Saud Al Qasimi, Crown Prince After perusal of Constitution; - Federal Law No. 5 of 1985 to issue the Law of Civil Transactions, as amended; - Federal Law No. 11 of 1992 to issue the Law of Civil Procedures, as amended; - Law No. 5 of 2012 on regulating Judiciary, as amended; - Law No. 9 of 2016 on Judicial Fees in Ras Al Khaimah Emirate, as amended; - Law No. 9 of 2017 on regulating the work by Electronic Documents and Signatures in Ras Al Khaimah Emirate; - Law of Financial Court No. 8 of 2018; - Law No. 2 of 2019 on regulating the Profession of judicial Expertise in Ras Al Khaimah Emirate; and - Emiri Decree No. 5 of 2012 on Organizational Structure of Courts Department, as amended; Have promulgated the following Decree: Article (1) In Ras AL Khaimah Courts Department, “Section of Mediation and Amicable Settlement of Civil and Commercial Disputes” shall be established and presided by any of Department’s Judges with the membership of one or more of its judges and adequate number of legal and administrative personals shall be attached to the Section. Article (2) The Section shall have jurisdiction to conduct mediation and amicable settlement of Civil and commercial disputes of any amount; excluding the following: 1- Orders, and summary and temporary lawsuits or those having summary part; 2- Lawsuits which Financial Court has jurisdiction there-over; and 3- Lawsuits which private judicial committees have jurisdiction there over. Article (3) Mediation between litigants shall be undertaken by a judge or more assisted by an adequate number of legal and administrative personals and some disputes may be vested to one or more legal personals under judge’s supervision. Article (4) Legal periods prescribed for non-hearing lawsuits as well as statute of limitation prescribed in applicable laws shall be ceased as of the date of filing the dispute before the Section. Article (5) Appearance of litigants before the Section shall be in-person or by an attorney or by using Information Technology means and all papers and documents shall be submitted and exchanged electronically or by any other means approved by the Courts Department. Mediator may demand the litigants to appear in-person. Article (6) If Plaintiff failed to appear mediation and settlement hearings, any of Section’s judges shall resolve to file the case judicially and dismiss the same. Lawsuit shall be refiled after dismissal before the Office of Lawsuit Management that shall prepare and submit the same before the competent court pursuant to the provisions of Civil Procedures Law and regulation thereof. If (30) thirty days lapsed and no litigant applied to continue therein or parties thereof failed to appear after continuation therein, it shall be deemed null and void and shall be submitted before the competent court to resolve therein. Article (7) Information disclosed by parties of dispute during mediation and amicable settlement shall be deemed confidential and non-disclosed including all contents of minutes, reports or documents submitted to the Section or to the mediators and administrative personals due to mission mandated thereto. Parties shall keep that information confidential and no information shall be maintained as an evidence in their pending disputes heard before judiciary or arbitration agencies unless the party maintained thereby is the same party submitting it. Article (8) Section shall work on settlement of disputes using amicable means within no later than (1) one month from the date of submission. This period may be extended to similar or more periods under a resolution from one of the Section’s judges pursuant to the litigants’ agreement. Article (9) Pursuant to the litigants’ agreement and under a resolution from any of the section’s judges, the Section may seek the assistance of appropriate experts and specialists to provide technical expertise in matters submitted there-before. The mission assigned to the expert, the period necessary to complete thereof, expert’s fees and the party to assume the same shall be determined in the resolution. Article (10) If dispute was settled, the same shall be substantiated in an agreement signed by parties thereof, having the power of writ of execution after being attested by one of the Section’s judges. If no settlement was reached; or one of the parties informed the Section of unwillingness to seek mediation or continuation therein; or it was substantiated that this continuation becomes futile for the lack of seriousness of parties, then the judge shall terminate the mediation procedures and remand the lawsuit to the competent court. Article (11) Half of the fees prescribed for the lawsuit shall be paid pursuant to the Law of Judicial Fees upon its filing in the Section and the following rules shall be observed: If dispute was settled before the end of the second mediation hearing, quarter of the fixed or the pro rata fee shall be accrued. If the same was settled for the same reason after the expiry of this period, half of the prescribed fee shall be accrued. However, if the lawsuit was remanded to the competent court, the remaining amount of the fee shall be paid otherwise the court shall adjudicate that the lawsuit is inadmissible. In all cases, all excess amounts paid shall be refunded. Article (12) Executive Regulation of this Law shall regulate controls, standards and procedures of mediation and settlement. Article (13) This Decree shall come into force after three (3) months of issuance hereof and be published in the Official Gazette. Issued by us on this day, Safar 14th, 1441 A.H. Corresponding, Sunday, October 13th, 2019 A.D Mohamed Bin Saud Al Qasimi, Crown Prince
Classification
Decree
Law No. 9 of 2018 on regulating the work of sewerage tankers We, Saud bin Saqr bin Mohammad Al Qasimi, Ruler of Ras Al Khaimah - After perusal of the United Arab Emirates Constitution; - The Federal Penal Code No. 3 of 1987, as amended; - Federal Criminal Procedure Law No. 35 of 1992, as amended; - Federal Traffic Law No. 21 of 1995, as amended; - Federal Environmental Protection and Development Law No. 24 of 1999, as amended; - Cabinet’s Resolution No. 3 of 2004 on Preparing Standard Specifications for United Arab Emirates; - Ras Al Khaimah Municipality Law of 1981, as amended; - Law No. 2 of 2007 of Environment Protection and Development Authority in the Emirate of Ras Al Khaimah, as amended; - Law No. 7 of 2012 on Establishing an Executive Council in the Emirate of Ras Al-Khaimah; - Law No. 8 of 2016 on Regulating the Practice of Commercial Activities; - Law No. 2 of 2017 on Establishing Ras Al Khaimah Economic Zones and the Supervising Authority; - Law No. 3 of 2017 on Establishing the Public Services Department; - System of the Public Hygiene No. 1 of 2001, and - Upon approval of the Executive Council, We promulgated the following law: Article (1) The following words and expressions shall have the meanings indicated respectively, unless the context indicates otherwise: Emirate: Emirate of Ras Al Khaimah. Council: The Executive Council of the Emirate of Ras Al Khaimah Department: Public Services Department. Director General: Director General of Public Services Department. Agency: Wastewater Agency. Director: Director of Wastewater Agency. Operations: Collecting, transporting, and discharging wastewater or treated water by tanker. Tanker: A vehicle equipped by a tight tank, intended for operations. Tanker Operator: An individual who is responsible for driving or managing a tanker. Discharge Facility: A site or establishment designated for discharging the wastewater tanker. Wastewater: Water with stuck liquid or solid waste caused by water closets and toilets in houses, commercial, industrial or government enterprises. Commercial and Industrial Wastewater: Water caused by any industrial, commercial, medical, scientific, or agricultural activity. Harmful Substance in Discharge Facility: Any material with properties or quantity causing harm to discharge facility or treatment operations. Fats Trap: A special engineering design unit that separates food fats and grease from liquid waste. Oil Trap: A special engineering design unit to separate mineral oils from wastewater caused by industrial activities and auto service stations. Hazardous Materials: Solid, liquid, or gas materials with properties harmful to human health, or those with harmful impact on environment, such as toxic, explosive, flammable, or ionizing radiation materials. Hazardous Waste: Waste having hazardous materials properties caused by various activities and processes. Radioactive waste: Waste containing radioactive materials. Industrial Waste: Waste caused by all industrial and manufacturing activities in industrial enterprises, whether hazardous or not. These are determined based on the manufacturing process or laboratory tests. Landfill: A site designated by the Waste Management Agency for waste collection. Treated wastewater: Water resulted from purifying wastewater from impurities, suspended substances, pollutants and organic materials so that they are suitable for reuse. Article (2) The provisions herein shall be applied to the activity of operating wastewater and treated water tankers. Article (3) Natural or legal person may not practice operations in the Emirate without obtaining a permit from the Agency and after submitting an evidence of obtaining the trade license and the stipulated government approvals. Article (4) Agency may permit individuals having tankers with a license from outside the Emirate to conduct operations therein pursuant to the conditions and controls for which a resolution from Agency Director shall be issued. Article (5) Tanker Shall meet the following: 1. Its design and manufacturing shall be leak-proof, pressure-withstand during operations and easily cleaned and maintained. 2. Size of domestic wastewater tanker shall not be less than 3000 lb/UK gal., and not more than 10,000 lb/UK gal. 3. Size of fats tankers shall be 1000 lb/UK gal., and tankers shall be provided with fats and grease traps cleaning means. Agency may add any other technical requirements. Article (6) Operator shall supply Tanker with Agency-approved technical systems that enable the same to monitor, maintain and sustain operations to perform the purpose intended for the same. Director shall issue a resolution to determine technical requirements of tracking devices approved by the Agency and manner and conditions of tracking. Article (7) Operator shall register the tanker with the Agency before practicing the operations after submitting an evidence practice license. Registration shall be renewed annually under the same procedures and conditions and it is deemed null if the tanker fails to comply with one of the legally prescribed conditions. Article (8) Operator Shall maintain a special operations record for not less than one year to be provided upon request by the Agency staff. Under a resolution from Director, data to be recorded in register and the method of recording shall be determined. Article(9) Tanker Operator shall commit to the following: 1. Not to use the tanker for any purposes other than its intended ones; 2. Follow the prescribed safety and security procedures whenever conducting Operations; 3. Only to transfer domestic wastewater using industrial or commercial wastewater tankers after cleaning the same pursuant to the specifications approved by Agency in this regard; 4. Only to transfer commercial or industrial sewage after ensuring that fats and oils are separated by its traps; and 5. To discharge wastewater into specified discharge facility pursuant to Agency-specified discharge requirements. Article (10) No wastewater shall be discharged in discharge facility if it contains substances harmful to the receiving system or treatment process, or hazardous materials. This water shall be discharged into the specified landfill at the expense of the violator subject to specified environment standards and Agency requirements stipulated in this regard. Article (11) Fats, grease and oils, resulted from cleaning traps, shall be transferred to recycling facilities approved by Waste Agency or the landfill specified as the case may be. Article (12) Treated wastewater shall only be transferred after obtaining a permit from Agency wherein quantity, usage and the entity transferred thereto is indicated. Article (13) Table No. (1), attached hereto, shall be approved and may be amended by Chairman of the Executive Council under a resolution issued thereby upon a proposal from the Director. Article (14) Without prejudice to any more severe punishment stipulated by other law, whoever violates the provisions herein shall be punished by penalties and measures indicated in table No. (2), attached herein that shall be amended under a resolution from the Chairman of the Council upon a proposal of the Director. Article (15) Collected fines shall be transferred to the Agency. However, the internal financial policies shall determine the percentages of entitlements stipulated for Department. Article (16) Concerned parties may file grievance on the special form within (10) ten days from the date of the seizure minutes if the violator is present, or from the date of violation notice if the same fails to appear. The grievance shall be considered before established committee pursuant to the provision of Article No. (18) of law No. 3 of 2017 on Establishing Public Services Department. The grievance shall cause the suspension of fine collection procedures until adjudication therein. Article (17) This law shall come into force from the date of its issuance and be published in the Official Gazette. Saud bin Saqr bin Mohammad Al Qassimi, Ruler of Ras AlKhaimah Issued by us on Wednesday Rabi Al-Akher 11th 1440 A.H. Corresponding December19th 2018 A.D.
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Law
Law No. 11 of 2019 On Issuing of Criminal Order By Judges We, Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; Federal Law no. 9 of 1976 on Delinquent & Homeless Juveniles; Federal Law no. 3 of 1987 on Promulgating of Penal Law, as amended; Federal Law no. 11 of 1992 on Promulgating Civil Procedures Law, as amended; Federal Law no. 35 of 1992 on Promulgating Criminal Procedures Law, as amended; Law no. 2 of 2012 on Establishing Public Prosecution; Law no. 5 of 2012 on Regulating Judiciary; Law no. 9 of 2016 on Judicial Fees, as amended; and Under the approval of Executive Council, Have promulgated the following law: Article (1) On misdemeanor crimes, supplementary penalties, criminal measures and judicial fees for which the law does not adjudicate imprisonment penalty, if Public Prosecution considers that the crime, as per conditions thereof, may be sentenced only by fine punishment, it may request the judge of the court having jurisdiction over the lawsuit to sentence the accused person the punishment by an order rendered based on minutes of gathering inferences or other evidences, without conducting an investigation or hearing pleading. The crimes stated in clauses 1 to 5 of Article 334 of Penal Procedures Law shall be excluded. Article (2) Criminal order shall be sentenced only by fine, supplementary punishments, criminal measures and judicial fees and the same may be sentenced by innocence or suspension of punishment execution. Article (3) The judge is entitled to refuse rendering the order if he/she sees that: First: The lawsuit cannot be adjudicated in its current status without investigation or pleading. Second: Due to the prior records of the accused person or any other reason, the incident requires sentencing a punishment severer than the fine, which the order may be rendered therewith. This resolution may not be appealed and the lawsuit shall be proceeded by ordinary ways. Article (4) Upon considering one of the misdemeanors stated in the First Article, the competent judge, sua sponte, is entitled to render criminal order therein if the accused person fails to appear despite being notified or appears and declares desire to terminate the case by this way. Article (5) In addition to what was sentenced, the order shall include lawsuit number, the name of the accused person, personal details thereof, the incident for which he was punished and the article of the law that was applied. Moreover, the order shall be served to the accused person who failed to appear and civil right claimant pursuant to the procedures stipulated in Federal Civil Procedures Law and regulation thereof. Article (6) The Public Prosecution and the accused person may declare their non-acceptance of the criminal order, rendered by the judge, by providing a report to Appeal Section in Public Prosecution within (7) seven days; from the date of issuing the order regarding the Public Prosecution and the present accused person; and from the date of serving the order to the accused person who fails to appear. This report shall entail terminating the order and deeming it null and void. The section shall set date to consider the lawsuit before appeal court and this shall be considered as service process thereof even if the report is submitted by an attorney. Article (7) If accused persons are multiple, a criminal order is rendered there against, they decide not to accept the same, some of them appear on the date set to consider the lawsuit and others fails to appear, the lawsuit shall be considered for those who appears and the order shall be final and enforceable for those who fails to appear. Article (8) The criminal order shall become final and enforceable in any of the following cases: 1- If the deadline of objection on the order lapsed; 2- If the accused person waived his objection before convening the hearing set to consider the same and paid the fine stated in the order; and 3- If the accused person failed to appear in the first hearing, set to consider objection thereof. Article (9) Claim of civil rights does not impede issuance of criminal order by the judge and the claimant of civil rights is entitled to resort the competent civil court to claim for rights thereof. However, such order shall have no res judicata before this court. Article (10) The criminal order shall be executed in accordance with the rules stipulated in Criminal Procedures Law. If the accused person, upon execution, alleges that he/she still has the right to non-accept the order for being non-served or for any other reason, or failure to appear in the hearing set to consider the lawsuit due to the force majeure, or other complication on execution; the complication shall be referred to the judge who rendered the order to adjudicate the same without pleading. However, if he/she sees the impossibility to adjudicate the same as is or without investigation or pleading, then a date to consider the complication pursuant to ordinary procedures shall be set; and the accused person in addition to the rest of the opponents shall be requested to appear in the date set. If the complication is accepted, the trial shall take place pursuant to the procedures stipulated in the law. Article (11) The objection of the accused person on the criminal order rendered by the judge shall only be registered after payment of a fee of (AED 300/-) three hundred dirhams. Article (12) Criminal Order Law no. 2 of 2018 shall be repealed. Article (13) This law shall come into force (1) one month after the date of issuance hereof and be published in the Official Gazette. Issued by us on this day, Sunday Rabai Al-Awal 6th 1441 A.H. Corresponding to November 3rd 2019 A.D. Saud Bin Saqr Bin Mohammed Al Qasimi Ruler of Ras Al Khaimah
Classification
Law
Executive Council Resolution No. 1 of 2018 On Regulating Institutional Discipline of Commercial Companies in Ras Al Khaimah We, Mohammed Saud Bin Saqr Al Qasimi, Crown Prince / Chairman of Executive Council, After perusal of United Arab Emirates Constitution; Federal Law no. 10 of 1980 on the Central Bank, Monetary System and Regulation of Banking Profession, as amended; Federal Law no. 2 of 2015 on Commercial Companies; Law no. 7 of 2012 on Establishing the Executive Council of Ras Al Khaimah; Law no. 4 of 2016 on Restructuring and Regulating Economic Development Department; Law no. 8 of 2016 on Regulating Practicing of Economic Activities; Resolution no. 7/C.O.B of 2016 issued by Securities & Commodities Authority on Institutional Discipline and Governance of Public Joint Stock Companies; and Under the approval of the Executive Council, We have resolved the following:- Article (1) In applying the provisions of this regulation, the following words shall have the meaning respectively indicated below unless context otherwise indicates: Emirate: Ras Al-Khaimah. Ruler: His Highness Ruler of Ras Al-Khaimah. Executive Council: Executive Council of the Emirate. Law: Federal Law no. 2 of 2015 on Commercial Companies. Ministry: Ministry of Economy. Department: Department of Economic Development. Registrar: Company Registrar appointed by the Minister who performs his duties through Companies Department in the Ministry. Institutional Discipline: Set of rules and procedures stipulated in Resolution no. 7 C.O.B of 2016 issued by Securities & Commodities Authority concerning discipline. Companies Governance: Set of controls and rules achieving institutional discipline. Article (2) Without prejudice to the provisions of the law, the provisions of this regulation shall apply to all commercial companies licensed by the Department. Article (3) This regulation aims at contributing in developing the economic environment of the Emirate, regulating the rules of companies’ governance, protecting the shareholders’ rights, supporting the flow of foreign investment, enhancing the sociable liability of companies and ensuring the application of the law provisions and regulations and resolutions regulating the same. Article (4) Department shall control the application of provisions of law and resolution of the Chairman of the Authority no. 7 / C.O.B. In this regard, Department shall have the following powers:- First:- General Rules on Scope of Control:- 1- Reviewing procedures that should be followed pursuant to provisions of the law and resolutions related to establishing, recording and registering companies; and notifying concerned persons whenever legal or administrative violations committed; 2- Reviewing formation of commercial companies Board of Directors for which the law stipulates special system for membership; 3- Verifying the availability of legal conditions in selecting the chairman and board members; 4- Verifying the implementation of Board’s resolutions properly pursuant to provisions of law and the resolutions regulating the same; 5- Ascertaining the activation of modern technology means in organizing meetings of Board of Directors and voting mechanism without prejudice to provisions of Articles 4, 5 and 6 of the law; 6- Reviewing and approving the procedures of transformation, merger and acquisition of companies in coordination with Ministry of Economy and the Authority; and 7- Coordinating with the Ministry on regulating the works of the registrar pursuant to provisions of law. Second: On General Rules to Establish Commercial Companies. 1- Verifying the availability of the UAE citizens quorum set out in the law upon establishing commercial companies; 2- Ensuring that the objectives of the commercial companies and performance of their commercial activities are compatible to the law; 3- Ensuring that the commercial companies keep accounting records indicating their financial transactions and revealing accurately the financial position of the company; and 4- Supervising the record of trade names and avoiding repetition of the names before granting any new license. Third: On the Rules of Each Company A- Joint & Limited Partnership Companies 1- Determining the documents required to establish the company and develop the establishment application form within provisions of law; and 2- Approving Memorandum of Association within periods prescribed in the law and approving establishment application. B- Limited Liability Company 1- Approving the company’s Memorandum of Association and the procedures to amend the same, increase or decrease its capital or affect the legal reserve of the company’s capital; 2- Approving assignment or mortgage of partners’ shares and controlling the procedural rules thereof; 3- Reviewing the agenda prepared to be discussed in the general meeting and recommending removing topics in contradiction with the objectives of the company or those resulting in wasting the rights of partners, shareholders, or third parties having commercial interests with the company; 4- Reviewing the reports of the company auditor and following up implementation of the financial comments and recommendations stated in the report; and 5- Controlling application of provisions related to Public Joint-Stock Companies to Limited Liabilities Companies where no special provision is set out. C- Public Joint-Stock Company 1- Approving Memorandum of Association and all procedures taken on registration and licensing pursuant to provisions of law; 2- Ensuring availability of the incorporators quorum stated in the Memorandum of Association and availability of the controls stipulated in the law for Locals and foreigners; 3- Reviewing nominations lists of the members and chairman of Board of Directors to ensure availability of conditions of nomination. In this regard, procedures necessary to ensure this shall be taken; 4- Reviewing the procedures of calling the general meeting to convene and follow up the auditor’s report and ensuring implementation of the recommendations and comments stated in the financial report; 5- Controlling meetings of general assembly and expressing denial on issues under voting if the same results in violation to the provisions of Companies Law and the regulations and resolutions issued in implementation thereof; 6- Reviewing resolutions issued by the General Meetings to ensure non violation to provisions of law or institutional discipline rules; 7- Keeping the financial statements and budgets of the companies upon preparing final annual accounts accompanied by the auditor’s report pursuant to provisions of law; 8- Authorizing the company to deposit a copy of the annual balance sheet of the company wherein the profit and loss account is stated with the Department; 9- Considering notification of the Authority with suspension of the company’s auditor pursuant to the provisions of the law; 10- Taking all procedures necessary to control and audit the business of the company pursuant to the powers stipulated in provisions of law; 11- Controlling profits distribution controls and legal reserve deducted from the net profits of the company and the mechanism of using whatever exceeds thereof over 50% of its capital to be distributed to shareholders as dividends in the years where no sufficient profits are materialized; and 12- Controlling voluntary contributions resulted from the profits and ensuring that they have been used for the purposes of community service. D- On each of Private Joint Stock Company & Company with Special Organization Controlling application of all provisions and rules of establishing, registering and licensing memorandum of association of private joint stock company and Company with Special Organization. In this regard, all powers established for the same on public joint stock company where no special provision is set out shall be vested thereto. Article (5) Economic Development Department shall take all legal procedures targeting to achieve institutional discipline in managing the company pursuant to global standards and methods. In this regard, the same shall have the following powers:- 1- Approving Articles of Association of commercial companies in order to verify activation of institutional controls in relations of management, shareholders and stakeholders pursuant to rules of institutional discipline; 2- Taking all legal procedures targeting to protect the rights of shareholders, stakeholders and third parties; 3- Reviewing the mechanism adopted to call the general assembly to convene in order to verify the validity of the procedures to call the shareholders to attend the meeting and that it has been attached the agenda of the meeting including the issues to be discussed in details and clearly in addition to the documents and data related thereto and that the members of the general assembly have been properly notified of the date and place of the meeting; 4- Taking all procedures targeting to ensure that the Board of Directors has executed the recommendations of the general assembly properly; and 5- Ensuring establishing all committees mentioned in companies’ institutional discipline rules to confirm the regularity of internal control and commitment to provisions of law and regulations and administrative resolutions issued by the Department in implementation thereof. Article (6) The Department shall conduct any procedure or work assigned thereto originally or alternatively to the Authority wherever stated in the law. Article (7) Director of the Department shall issue all instructions and resolutions required to implement provisions of this regulation. Article (8) This resolution shall come into force from the date of its 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 this day Rabei Al Akher 27th 1439 A.H. Corresponding to January 15th 2018 A.D.
Classification
Decision
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