أسئلة قانونية إماراتية عامةDecree No. (4) of 2021

Article (1) The following words and expressions, wherever mentioned in this Decree, will have the meaning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. Ruler: His Highness the Ruler of Dubai. Government: The Government of Dubai. Executive Council: The Executive Council of the Emirate of Dubai. NCEMA: The National Emergency, Crisis, and Disasters Management Authority established pursuant to the above-mentioned Federal Law by Decree No. (2) of 2011. SCCDM: The Supreme Committee of Emergency, Crisis, and Disaster Management. Chairman: The chairman of the SCCDM. Risk: An incident or series of incidents which can occur naturally or which are man-made, whether caused by mistake; as a result of negligence or failure to follow proper procedures; or due to the existence of gaps which lead to the occurrence of an Emergency, Crisis, or Disaster, causing material or moral damage to members of the community, including injuries, deaths, loss of property, or environmental, economic, social, and health damage. Emergency: A major event or series of events which cause significant damage to life or property; which compromise public order, the continuity of government work, human health, the

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 3 of 12 environment, or the economy; and which require special mobilisation in coordination with the Concerned Entities. Crisis: An incident or series of incidents which are more complicated than an Emergency; which compromise the stability of a large segment of society; and which undermine the ability of the Government to perform its duties. Disaster: An incident or series of incidents which have occurred and caused significant damage, and from which recovery requires the cooperation of the Government, Government Entities, and individuals. Scope of Application

Article (4) This Decree aims to:

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 4 of 12 1. establish the SCCDM as the highest reference authority in the Emirate in charge of determining the ways to deal with Risks, Emergencies, Crises, and Disasters; 2. manage Risks, Emergencies, Crises, and Disasters that occur in the Emirate to prevent them from developing or exacerbating; and mitigate their impacts; 3. consolidate the efforts exerted in the Emirate by Government Entities and by the private sector in response to Risks, Emergencies, Crises, and Disasters; 4. determine frameworks for cooperation and coordination among the Concerned Entities to preserve lives and property before, during, and after the occurrence of Risks, Emergencies, Crises, or Disasters; and 5. ensure effective implementation of the Risk, Emergency, Crisis, and Disaster management system in accordance with the relevant international best practices. Functions of the SCCDM

Article (5) a. For the purpose of achieving the objectives of this Decree, the SCCDM will have the duties and powers to: 1. develop, and supervise the implementation of, the general policy and strategic plans for management of Risks, Emergencies, Crises, and Disasters; 2. adopt various plans and scenarios to deal with Risks, Emergencies, Crises, and Disasters which may compromise public health and safety, and the environment; protect lives and property; and determine the role of the Concerned Entities in implementing the same and ensure their commitment to implementing plans for training on these scenarios; 3. consider all options and methodologies required to manage Risks, Emergencies, Crises, and Disasters; and adopt the best available methods in this regard; 4. determine the roles of the entities responsible for managing Risks, Emergencies, Crises, and Disasters in the Emirate, based on the nature of

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 5 of 12 each Risk, Emergency, Crisis, or Disaster; determine the levels of escalation and warning required to deal with each Risk, Emergency, Crisis, or Disaster; and verify compliance by the Concerned Entities with these escalation and warning levels; 5. coordinate and cooperate with NCEMA on the identification and classification of Risk, Emergency, Crisis, and Disaster management levels as well as the Preventive Measures and Preparedness for Risks, Emergencies, Crises, and Disasters, in accordance with the mechanisms and procedures applicable in this regard; 6. verify, in coordination with the Concerned Entities, that the infrastructure and various facilities in the Emirate are compliant with the requirements, and prepared, for dealing with various Risks, Emergencies, Crises, and Disasters; 7. assess the situation in the Emirate during Risks, Emergencies, Crises, and Disasters; determine the appropriate course of action to deal with the same; take all the appropriate measures and precautions; and issue the necessary decisions in this regard; 8. review the periodic reports submitted to it by the Concerned Entities in respect of the obstacles hindering the optimal response to Risks, Emergencies, Crises, and Disasters; and find the appropriate solutions to overcome these obstacles; 9. identify the needs of the Emirate for resources, facilities, machinery, equipment, and other requirements and means for management of Risks, Emergencies, Crises, and Disasters; 10. maintain a register containing the Risks and Threats that the Emirate may face and the mechanism to deal with them before, during, and after their occurrence; and determine the form of this register and the data that must be recorded therein; 11. supervise community awareness plans and programmes in respect of Risks, Emergencies, Crises, and Disasters;

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 6 of 12 12. supervise the key processes and procedures implemented at the Emirate's central operations rooms for the management of Risks, Emergencies, Crises, and Disasters; and distribute, through these rooms, the responsibilities and roles among the Concerned Entities; 13. propose legislation related to dealing with Risks, Emergencies, Crises, and Disasters; 14. approve the bylaws, resolutions, and regulations governing the work of the SCCDM and its sub-committees and work teams; 15. form permanent or temporary executive committees, sub-committees, and work teams to assist it in performing its duties; determine the duties, powers, and tenures of these committees and work teams; and approve the recommendations and proposals submitted to it by them on matters related to dealing with Risks, Emergencies, Crises, and Disasters; 16. seek, as it deems appropriate, the assistance of experts and specialists in areas related to Risk, Emergency, Crisis, and Disaster management, whether from the Government Entities within or outside of the Emirate or from the private sector; and 17. exercise any other duties or powers assigned to it by the Ruler or the Chairman of the Executive Council. b. The SCCDM may delegate any of its duties and powers under paragraph (a) of this Article to any committee or committees comprised of members of the SCCDM appointed by the Chairman, or to the executive committees, sub- committees, or work teams formed by the SCCDM, provided that this delegation is specific and in writing. Formation of the SCCDM

Article (6) a. The Chairman will be appointed pursuant to a decree issued by the Ruler. b. The SCCDM will be formed of not more than eleven (11) members, including the Chairman and vice chairman. The SCCDM members will be appointed

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 7 of 12 pursuant to a resolution issued by the Chairman of the Executive Council. Members of the SCCDM must include two representatives from the Vital Sectors in the Emirate. The grade of an SCCDM member may not be lower than that of a Director General, or a similar grade. c. At its first meeting, the SCCDM will elect, from amongst its members, a vice chairman who will act as the Chairman where the Chairman is absent or becomes incapable of performing his duties under this Decree, the resolutions issued in pursuance hereof, and the legislation in force in the Emirate. Procedures for Meetings of the SCCDM

Article (7) a. The SCCDM will be convened at the invitation of the Chairman, or the vice chairman where the Chairman is absent, at least once every three (3) months or where necessary, at the time and place determined by the Chairman or the vice chairman. b. Meetings of the SCCDM will be valid if attended by the majority of its members, provided that the Chairman or vice chairman is in attendance. c. Resolutions of the SCCDM will be passed by majority vote of the attending members; and in the event of a tie, the chair of the meeting will have a casting vote. Resolutions of the SCCDM will be recorded in minutes of meetings to be signed by the chair of the meeting and attending members. d. The SCCDM may seek the assistance of experts, specialists, and consultants as it deems appropriate, in which case they will not have a vote in its deliberations. Managing SCCDM Meetings

Article (11) a. The Chairman may, subject to the approval of the Ruler or his authorised representative, issue the necessary resolutions on the measures and precautions that must be taken before, during, and after the occurrence of Risks, Emergencies, Crises and Disasters. This includes requiring any public servant or person assigned to perform a public service to continue to perform his duties or provide the services assigned to him, and to be present, round the clock, at the workplace or any other place designated by the SCCDM, for purposes of protecting lives and property and maintaining the functioning of Public Utilities and Vital Facilities. In such cases, the public servant or the person assigned to perform the public service will be prohibited from departing the UAE or leaving the workplace without first obtaining a special permission from his employer. b. The Chairman may, subject to the approval of the Ruler or his authorised representative, issue the necessary resolutions designating the areas or

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 9 of 12 facilities that are suitable for dealing with, mitigating the impacts of, addressing, and preventing the exacerbation of, Risks, Emergencies, Crises, and Disasters. c. The officials in charge of the entities concerned with management of Risks, Emergencies, Crises, and Disasters must coordinate with the Chairman to establish the standards and rules required for regulating the work of public servants and persons assigned to perform public services in accordance with paragraph (a) of this Article. d. The Chairman will issue the resolutions required for the preservation of lives and property during Risks, Emergencies, Crises, and Disasters. This includes obliging community members to perform, or desist from, any act for the purposes of achieving the public interest. Terms of Reference of the SCCDM

Article (13) a. The Chairman, vice chairman, and members of the SCCDM, and of its executive committees, sub-committees, and work teams, must not, during or after expiry of their term of membership, disclose or divulge any written or verbal information which is confidential in nature or pursuant to the legislation in force, unless they obtain a prior relevant permission from the Chairman. They must not, in particular: 1. copy, retrieve, transfer, or disclose any information, facts, or documents to which they have access in the course of performing their duties; 2. use the information to which they have access in the course of performing their duties for unauthorised purposes;

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 10 of 12 3. misuse the information they obtain as a result of their membership in the SCCDM or in its executive committees, sub-committees, or work teams; or 4. allow any unauthorised person to access information or documents related to their work. b. Upon forfeiture, termination, or expiry of membership of the Chairman, vice chairman, or member of the SCCDM or of its executive committees, sub- committees, or work teams, he must return all documents, papers, files, materials, tapes, discs, software, and other SCCDM property in his possession, whether or not these include confidential information. c. For purposes of implementation of this Article, the Chairman, vice chairman, and members of the SCCDM and of its executive committees, sub-committees, and work teams must sign the confidentiality and non-disclosure undertaking adopted by the SCCDM. Periodic Reports

Article (19) a. This Decree supersedes the above-mentioned Decree No. (22) of 2006. b. The following Executive Council Resolutions are hereby repealed: 1. Executive Council Resolution No. (14) of 2006 Forming the Crisis and Disaster Management Team; 2. Executive Council Resolution No. (6) of 2007 Appointing Members to the Crisis and Disaster Management Team; 3. Executive Council Resolution No. (7) of 2014 Appointing Members to the Crisis and Disaster Management Team; and

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Decree No. (4) of 2021 Concerning the Supreme Committee of Emergency, Crisis, and Disaster Management in the Emirate of Dubai Page 12 of 12 4. Executive Council Resolution No. (19) of 2014 Appointing Members to the Crisis and Disaster Management Team. c. Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Decree. d. The bylaws, resolutions, and regulations issued in implementation of the above-mentioned Decree No. (22) of 2006 will continue in force, to the extent that they do not contradict this Decree, until new superseding bylaws, resolutions, and regulations are issued. Commencement and Publication