Law No (10) of 2019 On regulating the Practice of Engineering Consultancy Profession ..... (Amended by Law No. (4) of 2022 ) We, Saud Bin Saqr Bin Mohamad Al Qasimi, Ruler of Ras Al Khaimah, Pursuant to perusal of the Constitution; Federal Law No. 5 of 1975 on commercial register; Federal Law No. 2 of 1984 on GCC nationals practice of economic activities in the State; Federal Law No. 17 of 2002 on regulating and protecting industrial property of patents, industrial designs and models; Federal Law No. 2 of 2015 on commercial companies; Law of Ras Al Khaimah Municipality of 1981, as amended; Law No. 1 of 2009 on buildings regulation in Ras Al Khaimah; Law No. 7 of 2012 on establishing an executive council in Ras Al Khaimah; Law No. 8 of 2016 on regulation the practice of economic activities in Ras Al Khaimah, as amended; Law No 2 of 2017 on establishing Ras Al Khaimah Economic Zones (RAKEZ) and the supervisory Authority; Law No. 8 of 2019 on regulating the profession of construction; and Pursuant to the approval of Executive Council, Have promulgated the following Law: Article (1) For the purposes of implementation hereof, the following words and phrases shall have the following meanings respectively; “State” is the United Arab Emirates; “Emirate” is the Emirate of Ras Al Khaimah; “Department” is RAK Municipality Department; “Council” is the Executive Council of the Emirate; “Director General” means Director General of the Department; “Competent Division” is the Division of Buildings in the Department; “Competent Section” is the Qualification Section following the Competent Department. “Competent Authority” is the entity having authority to issue the trade licenses of engineering consultancy establishments in the Emirate; “Engineer” is any individual having academic qualification from a university recognized in one of the engineering specialties and being listed in the Association of Engineers in the state and registered the Department. “Engineering Consultancy” means all works related to preparing the architectural and construction drawings, plans and designs; surveying, planning and supervising the implementation, maintenance and commissioning; calculating quantities; estimating costs; managing the projects of engineering activities and maintaining all engineering works related to other fields. “Register” means the register of engineers; approved by the Department and authorized to practice the profession of Engineering Consultancy. “Engineering Office” is the establishment licensed to practice the profession of engineering consultancy whether having the form of sole establishment or commercial company. “Committee of Grievances” is the Committee prescribed in Law No 1 of 2009 on regulating buildings in Ras Al Khaimah. Article (2) The provisions of this Law shall be applicable to all Consultancy Engineers in the Emirate including RAKEZ. The Executive Council may, pursuant to a request from the Department, exclude certain authorities from the same. Article (3) A register shall be established in the Department to enter those who practice the profession of engineering consultancy. This profession or any profession in connection thereto may only be practiced after being entered in the register. The executive regulation shall determine the form, data and procedures of entry in the register and the certificates to be issued thereby. Article (4) 1. Engineering offices shall be classified under one of the following categories: (A) Category No. 1 (B) Category No. 2 (C) Category No. 3 (D) Category No. 4 (E) Private Category. 2. In coordination with the Competent Authority, Director General shall establish a system of offices classification including types, legal form and experiences necessary to be met by the license applicant and the said system shall be approved by the Council. Article (5) By a resolution from the Director General in the Competent Division, a committee shall be assigned to examine and give decision for the Department on the following: 1. Application of initial entry including the type and classification of the office; 2. Applications of the final entry in the register and classification change; and suspension and removal of the entry; 3. Registry of engineers working in offices; and 4. All matters referred thereto by the Competent Division. Article (6) The Competent Section shall maintain the following: 1. Registry and classification of offices and certification of engineers; 2. Determination of temporary suspension applications submitted by engineering offices; 3. Recognition of new specialties and branches in engineering consultancy; 4. Periodic inspections of engineering offices, making sure they continually conform the conditions of classification; 5. Investigation of violations committed by licensed offices and application of administrative penalties thereon; 6. Suggestion of the profession code of ethics and conduct to be approved by Director General; and 7. Any other duties or competencies assigned to the Section by Director General. Article (7) Notwithstanding any special terms stated herein, those who practice the profession of engineering consultancy shall: 1. Be UAE locals; 2. Have a bachelor degree in engineering from one of the universities recognized in the specialty required to be licensed, with an experience period not less than the period necessary for the classification category required. They must be registered in the Association of Engineers in the State and the register of engineers in the Department; 3. Not combine between this profession and the profession of construction; 4. Not be one of the technical affairs sector staff in the Department; 5. To provide a certificate of no objection from the authority he/she is working therein, if he/she is one of the local or federal government staff; The activity may be in the form of one of the companies prescribed in the Law of Commercial Companies, provided that one of the partners is a local engineer and the national share capital therein is not less than fifty-one (51%). In all cases, all partners must meet the conditions stated in clauses 3, 4 and 5 herein. Director General may coordinate with Competent Authority to add any other terms and conditions. Text of the article after amendment thereof by Law No. (4) of 2022 Notwithstanding any special terms stated herein, those who practice the profession of engineering consultancy shall: 1. Be UAE locals; 2. Have a bachelor degree in engineering from one of the universities recognized in the specialty required to be licensed, with an experience period not less than the period necessary for the classification category required. They must be registered in the Association of Engineers in the State and the register of engineers in the Department; 3. Not combine between this profession and the profession of construction; 4. Not be one of the technical affairs sector staff in the Department; Article (8) After payment of security deposit specified by the Director General pursuant to the type and category of activity, Competent Division shall issue initial entry certificate of the office, including a statement of the category and giving authorization to complete the procedures of licensing before the Competent Authority. No office may commence practicing the activity under this certificate. Article (9) The expiry of the initial entry is six (6) months extendable for only two consecutive times of three months each. The office may apply to cancel the initial entry before the expiry thereof and refund the security deposit. If the certificate is expired without renewal and the licensing procedures are not completed, then the entry shall be null and void and no right shall be claimed to refund the security that will be transferred to the public treasury. Article (10) Only trade license may be issued to the office after maintaining the certificate of initial entry. The license must contain a notice of non-practicing the activity before attaining the certificate of classification and registration. Article (11) Procedures of permanent registration and classification shall be completed after the issuance of trade license and meeting the category conditions on the required one. The registration shall be for one (1) year and may be less if the competent section approved the same. Article (12) The competent Division shall refuse to register the office on the required category if it failed to meet conditions thereof and the same may be registered on the category that meets conditions thereof. If the office failed to meet one of the conditions after obtaining the classification, then the same shall be degraded to the appropriate class. Such degrading may be complained before the Committee of Grievances. Article (13) The Competent Section shall approve engineers and enter them in the register as per their specialty and years of experience before granting the certificate of registration. During the period of registration, other engineers may join the office after the entry in the register. Article (14) During the period of registration, the office may apply to amend the category to the higher one if certain amount of business registered has been achieved pursuant to the executive regulation. Upon the approval on the application, the office shall complete its registration period under the higher category along with amendment of the license before the competent authority. Article (15) Without prejudice to the provisions of Law of practicing economic activities, engineering offices having licenses outside the Emirate may practice their activities there inside for a specific period after obtaining an approval from the Department. Director General shall establish the conditions of this approval and fees accrued thereto. Article (16) Office shall enter into a contract with the owner of the project or representative thereof pursuant to the form prepared by the Department. Office may only waive the contract to another office entered in the register. Article (17) The office shall be obliged to the principles of honor and integrity whenever practicing its activities and avoid conflict of interests with its clients. Neither the office nor any of its staff may seek getting any bonuses or receiving any commissions in consideration for the works performed other than the fees agreed thereupon. Article (18) No office may enter into any contract with an intent to obtain a commission or an interest without providing any real engineering service. Article (19) The office shall maintain the originals of designs prepared thereby in addition to accounting ledgers and projects documents including amendments performed thereof for not less than ten (10) years as of the date of end of execution. If the aforementioned documents relates to a lawsuit heard deliberated before courts, then they must be kept after such period until a final and decisive judgment is rendered therein. The owner of the project and the contractor may request a copy of such designs and documents. Article (20) The office may not transfer any designs set by another engineering office. The designs of special nature set individually for a client may only be used in favor of another client under the consent of both clients collectively. Article (21) The owner of the license, his/her representative or his/her heirs, if passed away, shall notify the Committee of any change to the status of the office, technical staff therein or address within sixty (60) days of the same. Article (22) The office may apply to suspend registration temporarily and the executive regulation determine the conditions, term and effects of suspension. Article (23) Subject to the conditions of trade license cancellation, the office, if having desire to cease practicing the activity, must apply to the Competent Division to cancel its registration. The executive regulation pinpoints the terms and conditions of cancellation and the effects thereof. The same shall be in consideration of fixed fees. Article (24) The office may be disposed pursuant to the conditions and procedures established by the Department in coordination with the Competent Authority. If the property was transferred by means of inheritance or will, then no heirs or legatees, lacking the terms and conditions of practicing the activity, shall accept new works. However, they shall appoint a specialized engineer as a manager in-charge to complete works assigned thereto with a maximum of one (1) year in coordination with the license authority. Within this period, they may waive the license of the office pursuant to the conditions mentioned above in the previous paragraph or regularize their status. Article (25) The competent division may provide deregistration in one of the following cases: 1. Maintaining the classification pursuant to false or fraudulent data; 2. Making fundamental professional errors pursuant to the Competent Section; 3. Practicing activities other than the ones listed in the certificate of classification and registration; 4. Non-renewing the trade license before the Competent Authority for two consecutive years; 5. Violating the requirements of category and type classification twice within one registration term, provided the office is to be served a notice after the first violation; 6. Liquidating the office by an agreement between partners or an enforceable judgment; The amount of security deposit shall be forfeited in all cases mentioned above except the latter and registration shall only be provided under new procedures. The resolution of removal may be grieved before the Committee of Grievances pursuant to the procedures and rules contained in the regulation. Article (26) The Council shall adopt the schedule of drawings and the consideration of services provided by the Department pursuant to the provisions of this Law and executive regulation thereof under the suggestion of Director General. Text of the article after amendment thereof by Law No. (4) of 2022 “A schedule of fees and another of the violations and fines resulting from violating the provisions of this law and the resolutions issued in implementation thereof, shall be issued by a resolution of the Executive Council based on the Department’s proposal and the proceeds of these fees and fines shall devolve upon treasury of the Department.” The two schedules shall be attached to the mentioned Law and their amendment, when necessary, shall be in accordance with the procedures by which they were issued. Article (27) Without prejudice to any severe penalty stated in any other law, those who violates the provisions of this Law shall be grounded by the penalties prescribed in the attached schedule and the Department shall take any of the following measures: 1. Serving a written notice to the violating office; 2. Disseminate the names of violating offices and the penalties applied thereon; 3. Serving the Competent Authority a notice on closing the violating office for a period not exceeding two (2) weeks; 4. Non-allowing the office to accept any new works for a period not exceeding six (6) months. Moreover, the violating office shall be served a notice of the details and measures issued against by anyone of the means stated in the regulation. The Department may end the measures if the office removes the causes of violation and pays the penalties. If a judgment of closure has been rendered as an accessory penalty, Public Prosecution may open the office upon the removal of the violation causes under a letter from the Department. Article (28) Violations may be conciliated pursuant to the conditions prescribed by the executive regulation. However, the violating office may grieve the fines and measures to Committee of Grievances within fifteen (15) days as of the date of notice and the Committee shall investigate the grievance and issue a reasoned resolution within one (1) month as of the date of issuance thereof. If the grievant non-accepted the Committee resolution, it shall be referred the same to the Public Prosecution. Article (29) The staff of the Competent Section shall be acting as judicial Officer while confirming the actions committed in violation to this Law and regulation thereof. Article (30) Engineering offices conducting this business pursuant to this Law shall regularize their status as per regulation hereof within a maximum of one (1) year as the date of enforcement hereof or at the time of renewal thereof, if sooner. However, Director General may extend this grace period to other similar periods. Article (31) Director General shall establish the executive regulation of this Law within six (6) months as of its issuance and a resolution by the Council shall be issued. Article (32) Law No. 1 of 2008 on regulating the practice of Engineering Consultancy Profession in Ras Al Khaimah Emirate in addition to any provision in any other law in contradiction with this Law shall be cancelled. Article (33) This Law shall come into force as of the date of issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamad Al Qasimi, Ruler of Ras Al Khaimah Issued, this day Rabi’ II 15, 1441 A.H. Corresponding December 11, 2019 A.D.