Please ensure Javascript is enabled for purposes of website accessibility
LegalApp

Federal Law by Decree Concerning the Establishment of the Authority for Identity, Citizenship, Customs and Ports Security

The last update on this law was listed on 25 Aug 2021

Related legislations

Issued Date

25 Aug 2021

Effective Date

27 Aug 2021

Official Gazette Date

26 Aug 2021

Official Gazette No

709

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

We, Khalifa Bin Zayed Al Nahyan,                    President of the United Arab Emirates;
- Upon reviewing the Constitution;
- Federal Law No. (1) of 1972 on the Competences of the Ministries and the Powers of the Ministers, and any amendments thereof;
- Federal Law No. (19) of 1993 on the Delimitation of the Maritime Zones of the United Arab Emirates;
- Federal Law No. (4) of 1996 Regarding the General Civil Aviation Authority and its amendments;
- Federal Law No. (24) of 1999 Concerning the Protection and Development of the Environment and the amendments thereto;
- Federal Law by Decree No. (2) of 2004 Establishing the Emirates Identity and Citizenship Authority, as amended;
- Federal Law No. (8) of 2004 on the Financial Free Zones;
- Federal Law No. (17) of 2006 concerning the establishment of Supreme Council for National Security and the amendments thereof;
- Federal Law No. (23) of 2006 on the Civil Defense;
- Federal Law No. (11) of 2009 concerning Martial law, and amendments thereof;
- Federal Law by Decree No. (6) of 2011 on the General Authority for the Security of Ports, Borders and Free Zones, as amended;
- Federal Law No. (8) of 2011 on the Regulation of State Audit Institution;
- Federal Law No. (8) of 2015 on the Federal Customs Authority;
- Federal Law No. (14) of 2016 Concerning Administrative Violations and Sanctions in the Federal Government;
- Federal Law by Decree (9) of 2018 on the Advance Passenger Information (API) Centre;
- Federal Decree Law No. (9) of 2020 concerning the Armed Forces;
- And upon the proposal of the UAE Deputy Prime and Minister of Presidency Affairs, and the approval of the Cabinet;
Have promulgated the following Law by Decree:

Article 1 Definitions

In application of the provisions of this Law by Decree, the following words and expressions shall have the meanings ascribed thereto, unless the context otherwise requires:
State: The State of the United Arab Emirates.
Authority: The Federal Authority for Identity, Citizenship, Customs and Ports Security.
Chairman: The Authority Chairman.
The Concerned Authorities: Relevant Federal and Local Authorities.
Ports: UAE official Land, Air, and Sea Ports, in addition to the Creeks, Fishing and Private Ports.
Port Management: The process of preparing, planning, organizing the operation process, directing, coordinating, and supporting the roles and tasks of operating and implementing Federal or Local Authorities, as the case may be, which exercises their tasks and duties in the areas of customs, ports and entry and exit from the State in accordance with the legislation in force in order to achieve efficiency and effectiveness of the ports.
Boundaries: The boundaries separating the marine and land regions and territories of the State and the marine and land regions and regions of the neighboring countries.
Free zones: Free zones at any UAE Emirate.

Article 2 Establishing the Authority

1. A Federal Authority called (The Federal Authority for Identity, Citizenship, Customs and Ports Security) shall be established, affiliated with the Cabinet, and it shall enjoy legal personality, financial and administrative independence, full legal capacity and the necessary executive and supervisory powers to carry out its work in accordance with the provisions of this Law by Decree and the Regulations and resolutions issued in implementation of it.
2. The Authority established pursuant to the provisions of this Law by Decree shall replace the Federal Authority for Identity and Citizenship established under the provisions of Federal Law by Decree No. (2) For the year 2004 referred to above. The Federal Customs Authority established under the provisions of Federal Law No. (8) of 2015 referred to above, and the General Authority for the Security of Ports, Borders and Free Zones established under the provisions of Federal Law by Decree No. (6) of 2011 referred to above.
3. The Authority established under the provisions of this Law by Decree shall replace the aforementioned Government Authorities in all financial and legal rights and obligations, and all its assets and assets shall devolve to it.
4. Pursuant to resolution of the Cabinet, a Committee shall be formed to list the employees, assets, rights and obligations of the Authorities mentioned in Clause (2) of this Article to transfer them to the Authority, provided that the resolution to form the Committee includes representatives from these Authorities.
5. He shall be transferred to the Authority pursuant to resolution of the Cabinet based on the recommendation of the Chairman working for the Government Authorities mentioned in Clause (2) of this Article, and with the consideration that their period of service in their previous Authorities is a service related to their service with The Authority. The bonuses and retirement pensions that were applicable in the Authority for which he was working, until the issuance of The Authority own Bylaws and Regulations without prejudice to their salaries and allowances.

Article 3 The Authority Headquarters

The headquarters of the Authority shall be in the city of Abu Dhabi, and a resolution of the Chairman may establish branches or offices for it within the State in order to achieve the objectives entrusted to it.

Article 4 Authority Objectives

The Authority aims to:
1. Regulate the affairs of citizenship, passports, entry and residence of foreigners in the State.
2. Enhance the security of ports, borders and free zones and raising their efficiency and readiness.
3. Organize and manage customs work in the State in accordance with international standards and security requirements.

Article 5

The Authority is the Federal Authority concerned with identity, citizenship, customs and port security affairs, and it exercises the following functions:
1. Propose and prepare policies, strategies and legislation related to identity affairs, citizenship, passports, entry and residence of foreigners, customs and port security, in order to ensure the achievement of the State directions in this regard, in coordination with the Concerned Authorities, and supervise their implementation after the approval of the Cabinet.
2. Establish, develop and update the population registry and personal data system in the State and manage it according to leading best practices, and put in place systems, programs and procedures to ensure the issuance of identity cards to all citizens and residents in the State, and work to enhance the applications and uses of digital identity in order to achieve the objectives and programs related to it in coordination with the Concerned Authorities.
3. Establish the rules, regulations, standards and requirements related to passport and citizenship affairs, approving them by the Cabinet, and implementing them in coordination with the Concerned Authorities.
4. Establish the rules, regulations, standards and requirements related to the entry and residence of foreigners in the State in its various categories, approving them by the Cabinet, and implementing them in coordination with the Concerned Authorities.
5. Develop and follow up the implementation of standards, requirements and procedures related to the security and safety of ports, borders and free zones, and raise the efficiency and readiness of these sites and enhance their security capabilities, in coordination with the Concerned Authorities.
6. Develop and follow up the implementation of standard security and customs standards, requirements and procedures at the State level, to control the entry and exit of people, goods and equipment at ports and free zones and evaluate them in accordance with international standards, security and customs requirements, in coordination with the Concerned Authorities.
7. Prepare manuals and standard procedures for inspection, control, tariffs and customs data, and combating customs smuggling and fraud, on all incoming, outgoing and transiting shipments and goods through the State ports, in accordance with best practices and standards of customs work, and supervising their implementation in coordination with the Concerned Authorities, after their approval in accordance with legislation the procedures adopted in the State.
8. Manage Ports, control and inspect passengers, shipments and incoming, outgoing and transiting goods, in coordination with the Concerned Authorities.
9. Follow up on the implementation of international obligations and requirements in the field of security of ports, borders and free zones, including the adoption and application of standard rules for the specifications of devices used to detect materials and goods imported and exported from the State, and in transit, including radioactive nuclear materials.
10. Prepare manuals, standards, conditions, and procedures related to issuing licenses for establishing ports and free zones, renewing, suspending, withdrawing and closing them, approving them by the Cabinet, and following up their implementation in coordination with the Concerned Authorities.
11. Prepare, standardize and approve customs risk management standards, setting and approving common rules and Regulations for customs risk management in coordination with the Concerned Authorities, and monitor and inspect their application.
12. Establish and approve standard customs procedures for inspection, customs tariffs, customs declarations and licenses in coordination with the Concerned Authorities, and monitoring and inspection of the application of these procedures.
13. Approve and implement a central mechanism for collecting and distributing customs duties with the countries of the Cooperation Council in accordance with the laws and treaties in force in this regard in coordination with the Concerned Authorities.
14. Establish and organize a comprehensive database of information and data related to The Authority powers at the State level, in coordination with the Concerned Authorities, and achieving integration with them in exchanging information and data.
15. Conduct specialized studies and research in areas related to the Authority powers, including monitoring and analysis of regional and international phenomena, risks and trends.
16. Propose to join or sign international treaties and agreements, and to propose partnership agreements with Gulf, regional and international countries, and organizations related to the activities and powers of the Authority or to join it, in coordination with the Ministry of Foreign Affairs and International Cooperation and other Concerned Authorities.
17. Represent the State in regional and international organizations, exhibitions and conferences in the fields of competence of the Authority, in coordination with the Ministry of Foreign Affairs and International Cooperation and other Concerned Authorities; and
18. Any other powers assigned to it in accordance with laws, Regulations and resolutions issued by the Cabinet.

Article 6 The Authority Chairman

The Authority shall have a Chairman appointed by a Federal Decree, and he shall exercise the powers conferred upon him by the Federal laws, and for this purpose he shall exercise the following powers:
1. Propose the general policy and strategic direction of the Authority and supervising its implementation after its approval.
2. Propose draft laws, decrees, regulations and resolutions related to The Authority powers, and in coordination with the Concerned Authorities.
3. Supervise the development and approval of The Authority strategic plan and its executive programs, and following up on their implementation.
4. Propose the Authority organizational structure and submit it for approval by the Cabinet.
5. Supervise the workflow of the Authority in general and issue the necessary resolutions in this regard.
6. Supervise the preparation of the draft general budget and final account of the Authority in general, and review of budget implementation reports in accordance with the appropriations established for it.
7. Represent the Authority in all parties, both inside and outside the State.
8. Any other powers or tasks conferred upon the Chairman in accordance with the laws, regulations and resolutions issued by the Cabinet for the Chairman to delegate to any of the General Managers some of his powers or Authorities.

Article 7 General Manager

The Authority shall have a General Manager or more at the rank of Undersecretary, whose appointment is issued by a Federal Decree upon the proposal of the Chairman. If he is a military cadre, his rank must not be less than a major general. The General Manager, each within his jurisdiction, shall undertake the following tasks and responsibilities:
1.Participate in the formulation of The Authority policies and its affiliated sectors, its strategic plans and programs, and supervise their implementation after their approval.
2. Propose draft laws, decrees, regulations and resolutions related to its organizational units, and submit them to the Chairman to take the necessary actions in their regard.
3. Follow up on the preparation of the annual budget draft and the final account of the sectors affiliated to it, and submit them to the Chairman, and follow up on the implementation of the budget within the appropriations established for it.
4. Supervise and empower its organizational units, follow up on their achievements and results of their performance, propose the necessary systems and procedures to contribute to improving and developing performance, and submit periodic reports on them to the Chairman.
5. Participate in representing The Authority in relation to its organizational units, with the relevant Authorities inside and outside the State in accordance with the powers granted to it.
6. Any other tasks related to the nature of the work of the General Manager, or assigned to it by the Chairman.
7. The General Manager may delegate some of his powers to any senior staff member of The Authority he deems appropriate, provided that the delegation is in writing and specific.

Article 8 Financial Resources

The Authority Financial Resources shall constitute as follows:
1. The annual appropriations allocated by the State to the Authority in the general budget.
2. Revenues obtained by The Authority from exercising its functions and tasks.
3. Any other financial resources or grants approved by the Chairman.

Article 9 Fiscal Year

The Authority Fiscal Year shall commence on the1st January and ends on the 31st of December of each year, provided that the first Fiscal Year shall commence from the date of enforcement of this Law by Decree and ends on the 31st of December of the following year.

Article 10 Powers of the Cabinet

The Cabinet shall:
1. Issue resolutions and administrative penalties regarding free zones or ports that do not comply with the security or legal requirements and standards, based on the proposal of the Chairman and after coordination of The Authority with the Competent Authority in the concerned Emirate.
2. Determine the official ports of entry or exit from the State based on the proposal of the Chairman and after coordination of The Authority with the Competent Authority in the concerned Emirate.
3. Exception from the application of this Law by Decree.

Article 11 Judicial Enforcement

The employees who are designated pursuant to resolution of the Minister of Justice in agreement with the Chairman shall have the capacity of judicial control officers in proving what is in violation of the provisions of this Law by Decree or the readings issued for its implementation, within the jurisdiction of each of them.

Article 12 Seeking the Assistance of other Authorities

The Chairman may request the assistance of the police and security forces, the armed forces, or any other party if necessary, to take any action to implement any procedures that require their intervention.

Article 13

pursuant to resolution of the Competent Authority in each Emirate in agreement with The Authority, The Authority established under the provisions of this Law by Decree may replace the Concerned Authorities in all the powers and tasks granted to it under the laws of its establishment, provided that a resolution is issued by the Concerned Authorities to transfer its employees to The Authority in accordance with the legislation regulating this matter.

Article 14 Executive Resolutions

Without prejudice to the powers of the Cabinet contained in this Law by Decree, the Chairman shall issue the necessary resolutions to implement the provisions of this Law by Decree.

Article 15 Repeals

1. The Federal Law by Decree No. (2) of 2004 referred to above, Federal Law by Decree No. (6) of 2011 referred to above, and Federal Law No. (8) of 2015 referred to above shall be repealed.
2. Any provision that contradicts or contradicts the provisions of this Law by Decree shall be repealed.
3. All regulations and resolutions issued in implementation of the legislation referred to in Clause (1) of this Article shall continue to operate in a manner that does not conflict with the provisions of this Law by Decree, until the issuance of the Regulations, Regulations and resolutions that replace them, provided that The Authority submits them to the Cabinet within a maximum period of one year from the date of issuance Publication of this Law by Decree.

Article 16

This Decree by Law shall be published in the Official Gazette and shall come into force as of the day following the date of its publication.

Translated in cooperation with