أسئلة قانونية إماراتية عامةقانون اتحادي في شأن تنظيم التبرعات

Article (2) Scope of Application The provisions of this law shall apply to any party wishing to collect or provide donations in the country, including free zones.

Article (3) Objectives of the Law This law aims to regulate donations and protect donors’ funds.

Article (4) Efficiency Measurement and Evaluation System The Ministry, in coordination with the Local Authorities, shall establish a special system for measuring the efficiency and evaluation of the licensed and permitted entities to collect and present donations.

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Article (5) Administrative and operational expenses Percentages may be deducted from donations that are collected in accordance with the provisions of this law and its implementing regulations as administrative and operational expenditures. The executive regulations of this law determine the proportions of administrative and operational expenditures and the regulations of implementing this article.

Article (6) Permit 1. It is prohibited for a natural person to collect donations. 2. With the exception of the permitted entities, it is not permissible for any organisation to establish, organise, or perform any act with the aim of collecting donations except after obtaining a permit to do so from the Competent Authority.

Article (8) Permit Granting Procedures The permit application is submitted to the Competent Authority according to the form prepared with it. The Executive Regulation of this Law shall determine the procedures necessary for its submission and the regulations of implementing this Article.

Article (9) Study the Permit Application and its Issuance The Competent Authority shall study the permit application and issues a decision approving or rejecting it within (20) twenty working days from the date of its submission, fulfilling all the requirements for obtaining it, and the lapse of this period without a response is considered a rejection of the application.

Article (10) Number of Permits It is not permissible to grant any party more than four permits during one year, except by a decision of the head of the Competent Authority.

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Article (11) Donation Log The local entity is obligated to keep an electronic record of donations, and the Executive Regulations of this law determine the period of keeping it and the data to be included in it.

Article (12) Means of Collecting and Making Donations The Executive Regulations of this law shall specify the means for collecting and making donations.

Article (14) Delivery of Donations Outside the Country It is not permissible to deliver, provide or transfer donations to any person or entity outside the state, except in accordance with the controls and procedures specified by the executive regulations of this law, provided that they include the regulations, procedures and means of proving the delivery of donations to the beneficiaries or disbursing it for the purposes specified Hereto.

Article (15) Bank Transfers Outside the Country from Donation Accounts Banks and financial institutions in the state are not permitted to conduct any financial transfers outside the country through bank accounts for donations except in accordance with the regulations and procedures specified by the concerned authorities in the state.

Article (16) Classification Certificate It is not permissible for any party to call itself a "charitable or humanitarian" association, organisation, or institution, or to use or deal under this name in any way except under the classification certificate, with the exception of those whose laws, decrees, or decisions of their establishment stipulate these Labels.

Article (18) Dealing with Bank Accounts Which Contain Violating Donations The Executive Regulations of this law specify the rules and regulations for disposing and closing bank accounts in which donations collected in contravention of the provisions of this law or the resolutions issued in implementation thereof are deposited, and the mechanism for dealing with these donations.

Article (19) Changing the Recipient or the Purpose of the Donation, if Necessary 1. Authorised parties shall provide the proceeds of donations to the beneficiaries or disburse them on the purposes specified in the permit. 2. In the event that it is not possible to make donations to the beneficiaries or to disburse them on the purposes specified in the permit application, the head of the competent authority shall specify the beneficiaries or other purposes.

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Article (20) Prohibitions The licensed and permitted entities are prohibited from the following: 1. Trading in donated funds, entering into financial speculation, or distributing any revenues or returns to its members or employees. 2. Committing any act while collecting, accepting, or providing donations that harms public order, national security, or public morals, or encourages any sectarian, ethnic, racial, religious, or cultural disputes, or any unlawful purpose in accordance with applicable legislation in the state.

Article (21) Accounting Records to Organise Donations Licensed parties and permitted entities are obligated to keep regular electronic accounting records related to donations, and the Executive Regulations of this law determine the period for keeping these records, and the data to be included therein.

Article (24) Charitable Societies’ Obligations Charitable societies shall be committed to: 1. Permits conditions and regulations. 2. Maintain organised electronic records to record permits donations. 3. Provide the authorised parties with periodic reports on the fundraising process. 4. The authorised parties shall deliver the proceeds of collecting donations within a period not exceeding (30) days from the date of the expiration of the permit. 5. Any other commitments specified by the executive regulation of this Law.

Article (25) The Unified Electronic Record 1. A unified electronic record shall be established at the Ministry in which all data and information related to donors, the proceeds of collecting donations, disbursements, beneficiaries, and other data and information specified by the Executive Regulations of this law are recorded. 2. Local authorities, licensees and permitted entities shall record data and information on donations in this record in accordance with the regulations and procedures specified by the executive regulations of this law.

Article (27) Converting In-Kind Donations into Cash In-kind donations may be converted into cash whenever necessary after obtaining the approval of the Competent Authority, and the Competent Authority shall supervise the transfer process, in accordance with the regulations and procedures specified by the Executive Regulations of this law.

Article (28) Special Systems for Obtaining Information Licensed parties and permitted entities are obligated to set up systems that guarantee the access to data and information on donors and beneficiaries, in accordance with what is specified by the Executive Regulations of this law.

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Article (29) Supervision and Control 1. The licensed and permitted entities are subject to the supervision and control of the Competent Authority in terms of financial and administrative aspects of donations, without prejudice to the powers of other governmental supervisory bodies. 2. The authorised and permitted entities shall provide the Competent Authority with any data, information or documents that it is required to provide.

Article (30) Permit Suspension The Competent Authority shall suspend the fundraising permit in the event that the charitable association or the authorised entity violates the conditions and regulations of the permit, and the Executive Regulations of this law specify the regulations and procedures for implementing this article.

Article (31) Advertising and Fundraising Work It is not permissible for the authorised parties to publish or broadcast publicity or advertising to fundraising without obtaining the approval of the Competent Authority.

Article (32) Permit Expiry Fundraising permit expires in the following cases: 1. Its term expires. 2. Cessation of the cause for which it was issued. 3. Lapse of the legal personality of the authorised entity or the charitable association involved in the fundraising process.

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Federal Law of 2021 Regulating Donations 14 4. Any cases specified by the executive regulation of this Law. The Executive Regulation of this Law shall determine the regulations of implementing this Article.

Article (33) Administrative Penalties The Cabinet, based on the minister proposal, shall issue a decision determining the acts that violate the provisions of this law and its Executive Regulations, the decisions issued for its implementation, and the administrative penalties imposed by the competent authority on them.

Article (34) Grievance A grievance may be made against any of the decisions issued by the Competent Authority in implementation of the provisions of this law within a period not exceeding (15) fifteen working days from the date of its implementation, before a committee formed for this purpose by a decision of the head of the competent authority, and the committee shall decide on the grievance within (15) Fifteen working days from the date on which the grievance was filed to it, and the decision issued regarding the grievance shall be final, and the complainant shall be notified thereof. Penalties

Article (35) The application of the penalties stipulated in this Law shall not prejudice any more severe penalty provided by any other law.

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Article (37) Punishment of the Person Responsible for the Actual Management of the Licensed or Authorised Entity The person responsible for the actual management of the licensed party or the authorised entity shall be punished with the same penalty prescribed for the acts committed in violation of the provisions of this law when it is proven that he was aware of them or if his breach of the related duties imposed on him by that administration contributed to the occurrence of the crime.

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Article (38) Judicial Police The employees of the Competent Authority designated by a resolution of the Minister of Justice, in agreement with the Minister or the chairman of the Concerned Authority, shall have the capacity of judicial officers for proving all violations, within their jurisdiction, of the provisions of this Law, its Executive Regulation and the decisions issued in the implementation thereof.

Article (39) Status Adjustment Everyone who carries out an activity to collect, receive or provide donations must adjust his situation in accordance with the provisions of this law and its executive regulations, starting from the date on which it comes into force.

Article (40) Executive Regulations The Cabinet shall issue the Executive Regulations of this Law based upon a proposal from the Minister within six months from the date of its publication.

Article (41) Executive Resolutions The Minister shall issue the executive resolutions necessary to implement the provisions of this Law and its Executive Regulations.

Article (42) Repeal of Conflict Any provision that conflicts or contradicts the provisions of this Law shall be repealed.

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Article (43) Law Publication and Enforcement This Law shall be published in the Official Gazette and shall come into force after six months from its publication date. Khalifa bin Zayed Al Nahyan President of the United Arab Emirates Issued by us at the Palace of the Presidency in Abu Dhabi: On: 28 Shaaban 1442 A.H. Corresponding to: 11 April 2021 AD

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