أسئلة قانونية إماراتية عامةقرار مجلس الوزراء بشأن اللائحة التنفيذية للقانون الاتحادي في شأن العمل التطوعي

Article (1) Definitions For applying the provisions hereof, the following terms and expressions shall bear the meanings ascribed thereto respectively, unless otherwise required by the context: UAE : United Arab Emirates Ministry : Ministry of Community Development Minister : Minister of Community Development Competent Authority : The local authority vested with the competence of regulating the voluntary work Head : The Head of the Competent Authority Law : Federal Law No. (13) of 2018 Concerning Volunteer Work Volunteer Work : Any individual or collective activity carried out with the intention to achieve a benefit for others in return for no financial or job compensation

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 2 Volunteer : Every registered natural or legal person that carries out voluntary work without in return for no financial or job compensation Volunteer Team : A group of registered natural or legal persons forming one team to perform voluntary work in return for no financial or job compensation Volunteer Opportunities : Voluntary programs with specific objectives and outcomes Natural-Person Volunteer : Every society member who engages in voluntary work of his/ her free will in return for no financial or job compensation Legal-Person Volunteer : Every government or private institution, association, or public benefit organization that is registered or licensed in the UAE and carries out voluntary work through human, financial, or in-kind resources thereof Visitor Volunteer : Everyone who enters the UAE’s territory under a visitor’s or tourist’s visa and desires to carry out voluntary work of his/ her own free will in return for no financial or job compensation Volunteer Work Charter : A document that sets out the values, rules, rights, duties and guidelines for volunteers and Volunteer Teams Register : An interactive website created by the Ministry and connecting the Ministry, the competent authority, and the entities organizing voluntary work together. The website includes a database of individual volunteers, Volunteer Teams, entities organizing voluntary work, and volunteering opportunities. This

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 3 Register is known as "the National Volunteering Platform"

Article (2) Controls for Carrying out Voluntary Work Upon carrying out voluntary work, the following controls shall be observed: 1. The voluntary work shall achieve community benefit; 2. The voluntary work may not compromise society security and safety; 3. The voluntary work may not cause harm to others, environment, properties or privacy rights; 4. The voluntary work may not conflict with legislation, customs, and public order of the UAE; 5. The voluntary work shall be licensed by the Ministry or the competent authority; 6. The voluntary work shall avoid conflict of interests or achievement of personal benefits; 7. The voluntary work shall avoid display, presentation, promotion or advertising of any good or service during performance of the voluntary work; 8. The voluntary work shall respect policies, statutes, and by-laws of the entity organizing voluntary work, protect properties thereof, and comply with the tasks and objectives of the voluntary work; and 9. The voluntary work shall maintain confidentiality of information and data accessed during carrying out the voluntary work.

Article (3) Registration of Voluntary Work 1. Either the Ministry or the competent authority shall register volunteers and volunteering opportunities in their registers assigned for this purpose as follows: a. Registration of Volunteers:

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 4 1) Create a personal account on the National Volunteering Platform or on any other platform belonging to the competent authority; 2) Satisfy all requirements stipulated for carrying out voluntary work; 3) Provide all required documents and exhibits; and 4) Accept the Voluntary Work Charter. b. Registration of Volunteering opportunities: 1) Create an account in the name of the organizing entity on the National Volunteering Platform or on any other platform belonging to the competent authority; 2) Provide all required data, information, and documents and satisfy all requirements and controls of volunteering opportunities; and 3) Submit an application for registration of volunteering opportunities. Registration of volunteering opportunity and presentation thereof on the National Volunteering Platform or on any other platform belonging to the competent authority shall be considered as a license of the same. 2. Through the National Volunteering Platform and in coordination with the entities organizing voluntary work, the Ministry shall: a. Document voluntary work and volunteer hours; b. Market events and attract more volunteers; c. Approve programs and activities for raising awareness and education of society members and organizations and approve everything pertaining to the voluntary work; and d. Evaluate and classify volunteers and Volunteer Teams in a manner appropriate for voluntary work requirements.

Article (8) Formation of Volunteer Teams Following requirements shall be satisfied for the formation of Volunteer Teams: 1. Number of the team-founding members may not be less than (5) five members; 2. All founding members shall satisfy requirements for carrying out voluntary work provided for in the Law and herein; 3. The team shall submit a written Bylaws and signed by all founding members; and 4. Volunteer Team members shall be governed by same provisions and controls provided for in the Law and in the resolutions pertaining to volunteering made thereunder, and other provisions and controls. A legal person may form volunteer team in accordance with the provisions set forth above, provided that founding members shall be from among employees working for said legal person. Members who are not employees of the legal person may join the team subject to prior approval of the Minister or the Head.

Article (9) Volunteer Team’s Bylaws Founding members shall meet in order to develop the Volunteer Team’s Bylaws provided that said Bylaws include the following data: 1. Team name and scope of work; provided that same be specified in coordination with the Ministry and the competent authority; 2. Duration of team operation (fixed term/ non-fixed term); 3. Team objectives; 4. Team obligations in accordance with Article (12) of the Law; 5. Requirements for membership, procedures of membership approval and removal, and rights and duties of members; 6. Controls for approval of membership of persons under (18) years old and procedures necessary for voluntary work;

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 7 7. Method of and requirements for selection of the team leader and his/ her functions; 8. Rules of amending the Bylaws; 9. Financial resources of the team to the extent required for implementation of the volunteering opportunity, methods of exploitation and disposition of said resources, and methods of control over spending the same; and 10. Conditions and rules for dissolution of the team, and entity whereto the team assets, if any, shall be transferred. In coordination with the competent authority, the Ministry shall prepare a model form for the Volunteer Teams' Bylaws.

Article (18) Fundraising 1. Volunteers shall be prohibited from raising or accepting donations nor permitting fundraising thereof or advertising the same through any means whatsoever; 2. Volunteer Teams may collect donations after approval of the Ministry through requesting provision of financial or in-kind sponsorship to the extent necessary for implementation of the volunteering opportunity under the following requirements and controls:

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 10 a. An application using the form prepared for this purpose shall be submitted to the Ministry; b. Kind and value of sponsorship required for implementation of the volunteering opportunity shall be specified; c. In case of approval of the application, the Ministry shall display the volunteering opportunities on the platform to attract sponsorship thereto; d. In case of availability of full sponsorship of the opportunities as stated in the application, the Volunteer Team shall implement the opportunity in accordance with required procedures; e. In case of unavailability of required sponsorship, the team may request cancellation of the opportunity, the team shall refund all and any sponsorships received thereby to the parties concerned within (15) fifteen days; and f. The Volunteer Team shall submit to the Ministry a detailed report on any sponsorships received thereby to support volunteering opportunities.

Article (19) Controls and Requirements for Carrying Out Voluntary Work Outside the UAE 1. Controls for Carrying out Voluntary Work outside the UAE: a. Volunteering opportunity intended to be executed may not conflict with the UAE policies and legislation; b. Volunteering opportunity shall serve the UAE vision and foreign policy; c. Volunteering opportunity shall be satisfying all conditions and requirements of the entities concerned with foreign affairs; and d. Volunteering opportunity shall be introduced through an entity registered, licensed or notarized inside the UAE via the National Volunteering Platform or any other platform of the competent authority. 2. Requirements for Carrying out Voluntary Work outside the UAE: a. Volunteer shall be at least (21) twenty-one years old; and

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 11 b. Volunteer may not have been punished with a custodial sentence on the grounds of a felony or misdemeanor involving moral turpitude or breach of trust, unless amnestied or rehabilitated.

Article (21) Penalties Upon imposing any of the penalties provided for in Article (16) of the Law, the Ministry shall: 1. Prepare a report on the violation committed; 2. Notify the violator of the violations committed and date for reply to the same. Failure to reply within the set date shall be deemed an acknowledgement of the violation; 3. Consider the violation after passage of the deadline set for reply, as either the case shall be discontinued or a proportional penalty shall be imposed based on severity and nature of the violation committed without consideration to the hierarchy of punishments, same shall apply without prejudice to civil or criminal liabilities, as necessary; and 4. Delegate the competent authority to impose the penalties provided for in Article (16) of the Law in accordance with procedures set forth in this Article. The

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Cabinet Resolution of 2020 Concerning the Executive Regulations of Federal Law of 2018 Concerning Volunteer Work 12 competent authority shall submit to the Ministry regular reports on the violations committed and penalties imposed on violators. Every stakeholder may file a grievance with the Minister or the Head of the competent authority against the decisions made and actions taken against itself under provisions of this Article within (15) fifteen days from being notified of the decision or the action against which the grievance is filed. The grievance shall be decided on within (30) thirty business days from filing thereof. Non-reply to the grievance within said period shall be deemed a rejection thereof.