- Article (1) Definitions
- Article (2) Scope of Application
- Article (3) Administrative Violations and Penalties
- Article (4) Without Prejudice to Criminal and Civil Liability
- Article (5) Grievance Against Administrative Penalties
- Article (6) Amendment of Administrative Fines
- Article (7) Waiver of Administrative Fines and Payment by Installments
- Article (8) Collection of Administrative Fines
- Article (9) Executive Resolutions
- Article (10) Repeals
- Article (11) Publication and Entry into Force
The Cabinet:
− Having reviewed the Constitution;
− Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended;
− Federal Law No. (14) of 2016 on Violations and Administrative Penalties in the Federal Government;
− Federal Decree by Law No (26) of 2019 Regarding Public Finance, as amended;
− Federal Decree by Law No. (46) of 2023 Regarding the Regulation of the Space Sector;
− Cabinet Resolution No. (21) of 2023 Regarding the Regulations of Violations and Administrative Penalties resulting from Violating the Legislation of Space Activities and Other Activities Related to the Space Sector; and
− Upon the proposal of the Chairman of the Board of Directors of the UAE Space Agency and the approval of the Cabinet,
Hereby resolves as follows:
Article (1) Definitions
The definitions set out in Federal Decree by Law No. (46) of 2023 referred to above shall apply for the purposes of this Resolution. Without prejudice to the foregoing, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
The Decree by Law: Federal Decree by Law No. (46) of 2023 Regarding the Regulation of the Space Sector.
Article (2) Scope of Application
The provisions of this Resolution shall apply to any Person who violates the provisions of the legislation regulating Space Activities or Other Activities Related to the Space Sector referred to in this Resolution.
Article (3) Administrative Violations and Penalties
1. Without prejudice to any more severe penalty or measure stipulated in the Decree by Law, the Agency may impose one or more of the following administrative penalties on any Person who commits any act in violation of the provisions of the Decree by Law or the regulations and resolutions issued in implementation thereof, as listed in the Schedule attached to this Resolution, if the violator fails to remedy the violation as stipulated in the violation notice served pursuant to Article (5) of this Resolution. Penalties shall be imposed in accordance with the following graduated sequence:
a. First Violation: A written warning shall be issued to the violator, granting a grace period not exceeding (30) thirty days, calculated from the date of sending the warning, to remedy the violation.
b. Second Violation: An administrative fine shall be imposed in accordance with the Schedule attached to this Resolution.
c. Third Violation: The applicable administrative fine shall be doubled in accordance with the Schedule attached to this Resolution.
d. Fourth Violation: The applicable administrative fine shall be tripled in accordance with the Schedule attached to this Resolution, and the Agency may suspend the Authorization, in whole or in part, for a period not exceeding (6) six months, renewable once only.
e. Revocation of the Authorization issued to the violator, or the Persons responsible therefor, in whole or in part. The violator shall bear all expenses and costs incurred in remedying or addressing the Damage resulting from the violation if such Damage is not otherwise removed or remedied.
2. Subject to the provisions of Clause (1) of this Article, the Agency may, in cases of serious violations, impose a more severe administrative penalty without adhering to the graduated sequence set forth in Clause (1). The Agency shall determine the appropriate administrative penalty in a manner proportionate to the nature of the violation.
3. The Agency may double the administrative fines prescribed for the violations listed in the Schedule attached to this Resolution in the event of recidivism or repetition of the violation.
Article (4) Without Prejudice to Criminal and Civil Liability
The administrative penalties set forth in this Resolution shall be imposed without prejudice to any criminal or civil liability incurred by the Persons committing the administrative violations or by those responsible therefor. The Agency shall have the right to claim Compensation from the violator for any Damage resulting from such violation.
Article (5) Grievance Against Administrative Penalties
1. The Agency shall notify the violator of the decision imposing the administrative penalty within (15) fifteen working days from the date of its issuance, using the means of notification approved by the Agency. The notice shall include a description of the violation, the period required for its remediation and correction, the penalties and measures to be taken in the event of failure to remedy the violation within the specified period, and any other information determined by the Agency.
2. Any Person against whom a decision imposing an administrative penalty under Clause (1) of this Article is issued may file a grievance with the Chairman of the Board of Directors within (60) sixty working days from the date of becoming aware of that decision. The grievance shall be filed in writing, shall state the ground therefor, and be accompanied by all supporting documents. The grievance shall be decided by a reasoned decision issued by the Chairman of the Board of Directors within (90) ninety working days from the date of its filing. The lapse of this period without the issuance of a decision shall be deemed a rejection of the grievance.
3. The decision issued regarding the grievance shall be final. No appeal may be brought against a decision referred to herein unless a grievance has been filed and either a decision on the grievance has been issued, or the period prescribed for deciding the grievance has lapsed without a response.
Article (6) Amendment of Administrative Fines
The Cabinet shall have the authority to make any amendments to the administrative fines set out in this Resolution, whether by addition, deletion, or modification.
Article (7) Waiver of Administrative Fines and Payment by Installments
1. The Chairman of the Board of Directors may, following coordination with the Ministry of Finance and subject to the approval of the Cabinet, waive the administrative fines referred to in this Resolution, in accordance with the legislation in force in this regard.
2. The Chairman of the Board of Directors may authorize the payment of administrative fines by installments. The mechanism for such installments, including the conditions, controls, and procedures, shall be determined by a decision issued by the Board of Directors in coordination with the Minister of Finance.
Article (8) Collection of Administrative Fines
The administrative fines stipulated in this Resolution and imposed by the Agency shall be collected in accordance with the mechanisms prescribed by the Ministry of Finance.
Article (9) Executive Resolutions
The Board of Directors shall issue the decisions necessary for the implementation of the provisions of this Resolution.
Article (10) Repeals
Cabinet Resolution No. (21) of 2023 Regarding the Regulations of Violations and Administrative Penalties resulting from Violating the Legislation of Space Activities and Other Activities Related to the Space Sector, as well as any provision that contradicts or conflicts with the provisions of this Resolution, are hereby repealed.
Article (11) Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall enter into force from the day following the date of its publication.
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