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Cabinet Resolution 89/2022

Cabinet Resolution No. (89) of 2022

Code
Cabinet-89-2022
Authority
Federal
Category
Civil Disputes

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Full text

Official translation — the Arabic original is the legally binding version.

8 articles

Preamble & recitals

Federal Authority for Identity, Citizenship, Customs, and Port Security

Concerning the Administrative Fines for Violations Related to the Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security

The Cabinet, ‒ Upon reviewing the Constitution; and ‒ Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Capacities of Ministers and its amendments thereof; and ‒ Federal Decree-Law No. (26) of 2019, Concerning Public Finance; and ‒ Federal Decree-Law No. (29) of 2021, Concerning the Entry and Residence of Foreigners; and ‒ Cabinet Resolution No. (65) of 2022, Concerning the Executive Regulations for Foreigners, and its amendments thereof; and ‒ Cabinet Resolution No. (88) of 2022, Concerning the Fees of Services provided by the Federal Authority for Identity, Citizenship, Customs, and Port Security; and ‒ Based on the proposal submitted by the Minister of Finance and the Cabinet’s approval, Has hereby resolved:

  1. Definitions In application of the provisions of this Resolution, the following words and expressions shall have the meanings ascribed thereto, unless the context requires otherwise: State : United Arab Emirates.

    Authority : Federal Authority for Identity, Citizenship, Customs, and Port Security.

    Federal Authority for Identity, Citizenship, Customs, and Port Security

    Chairman : Chairman of the Authority.

    Foreigner : Anyone who does not have the nationality of the State.

    Services : Transactions carried out by the Authority to meet the needs of service recipients.

    System : The electronic system through which the Authority services are provided.

    System Users : All government agencies, establishments and individuals who obtain the services provided through the system.

    Service Recipient : Relevant auditors or their representatives from all government agencies, establishments and individuals.

    Establishment : Any institution or company licensed under the applicable legislation to engage in any economic, service, professional, craft, agricultural or other activity.

    Civil Facts : Elements of an individual civil status that relate to the following: Birth, marriage, divorce, death, and any other event determined by the Chairman.

    Identity Card : A card issued in accordance with the provisions of the law with a unified number, and it shall include the data necessary to determine the identity of its holder and shall contain visible and invisible data that shall be stored electronically within the electronic Sharia that it contains.

  2. Fines Financial fines shall be imposed for the violations listed in the Annex to this Resolution.

    Federal Authority for Identity, Citizenship, Customs, and Port Security

  3. Collection of Fees and Fines

    1. The Authority shall collect the fines mentioned in this resolution in accordance with the collection mechanism after coordination with the Minister of Finance in this regard.

    2. The collected fines shall be deposited in the account of the unified state treasury, and they shall be monitored in accordance with the criteria set by the Ministry of Finance for this purpose.

  4. Exemptions

    1. The following categories shall be exempted from the fines stipulated in this Resolution:

    a. An individual who has left the State and has been outside the State for more than (3) three months, and his identity card has expired after the date of his departure from the State.

    b. An individual whose residence or identity card has expired after deportation by order, administrative resolution, or court ruling, or whose passport has been seized pending cases, provided that this shall be proven by a letter or receipt issued by the competent authorities that expelled him or arrested him in pending cases.

    c. An individual who has not been issued an identity card for the period before obtaining the citizenship of the State and before obtaining the family book.

    2. The Chairman or his Authorised Representative may be exempted from all or some of the fines stipulated in Article (2) of this resolution based on considerations of the humanitarian circumstance of the situation or any other reasons he deems appropriate.

    Federal Authority for Identity, Citizenship, Customs, and Port Security

  5. Electronic System In all events, all cases of exemption mentioned in Article (4) of this resolution shall be included in the Authority electronic system, which shall be approved by the Chairman resolution.

  6. Executive Resolutions The Chairman shall issue the necessary resolutions to implement this Resolution, including determining the time period and the mechanism by which the fines mentioned in this Resolution are to be applied.

  7. Repeals Any provision that violates or contradicts this Resolution shall be repealed.

  8. Publication and Enforcement This Resolution shall be published in the Official Gazette, and shall come into force as of the date of 03/10/2022.

    Mohammed Bin Rashid Al Maktoum Prime Minister

    Issued by Us: On: 04 Rabi' al-Awwal 1444 A.H. Corresponding to: 30 September 2022 AD

    Federal Authority for Identity, Citizenship, Customs, and Port Security

    Annex to Cabinet Resolution No. (89) of 2022 Concerning the Administrative Fines for Violations Related to Services of the Federal Authority for Identity, Citizenship, Customs, and Port Security Fine Fee Violation No. AED 50 per day The expiry of the period allowed for the foreigner to stay in the State after the cancellation or expiry of (entry visa/residence permit/exit permit holders /new-borns)

    AED 20 for each day of delay, with a maximum of AED 1,000 Delaying in notifying any change or modification in the civil data or facts prescribed for all groups and ages within period of (30) days as of the date of the change, or failure to initiate renewal of the identity card for cases where it is permissible after the expiry of the time limit for renewal. As for the foreigner who has given birth to a child in the State, the fine shall be applied after 4 months as of the date of birth AED 100 for each month of delay With a maximum of AED 1,000 Delaying in renewing the establishment card within

    (30) days as of the date of its expiry AED 2,000 Misuse of smart services 4 AED 20,000 Issuing entry visas for an establishment that does not conduct an activity AED 3,000 Providing incorrect data from the Service Recipient 6 AED 100 per order Inaccuracy in printing requests by System Users 7 AED 5,000 Obstructing the work of the employees of the ICP or not cooperating with them AED 1,000 Changing the establishment data without notifying the ICP

    Federal Authority for Identity, Citizenship, Customs, and Port Security

    AED 2,000 Violation of any of the instructions and resolutions issued by the ICP and breach of the undertakings of the establishment and individuals towards the ICP

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