General UAE Legal Questions LawLaw No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points

Article (2) The following words and expressions, wherever mentioned in this Law, 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. Manafth: The General Authority for the Security of Ports, Borders, and Free Zones established pursuant to the above-mentioned Federal Law by Decree No. (6) of 2011. Border Crossing Point: Any border crossing point of the Emirate. This includes land, sea, and air border crossing points. Government Entity: Any of the Government departments; public agencies and corporations; councils; authorities, including the authorities supervising Special Development Zones and free zones, such as the Dubai International Financial Centre; or other public entities affiliated to the Government. DCSBCP: The Dubai Council for the Security of Border Crossing Points, established pursuant to this Law. Chairman: The chairman of the DCSBCP. Member: A member of the DCSBCP. General Secretariat: The general secretariat of the DCSBCP. Secretary General: The secretary general of the DCSBCP. Establishment of the DCSBCP

Article (5) The DCSBCP will have the following objectives: 1. to enhance the Emirate's security capacity to protect Border Crossing Points, with a view to achieving the security and safety of the community; 2. to contribute to promoting and protecting the security of Border Crossing Points, and to upgrade and equip Border Crossing Points to deal with all risks and challenges; 3. to promote coordination and cooperation amongst the Government Entities in charge of supervising Border Crossing Points; and to exchange knowledge, expertise, experience, and practices; 4. to serve as a reference authority that represents the Government Entities in charge of supervising Border Crossing Points before Manafth and before the relevant local, federal, and regional entities; 5. to enhance the implementation of the strategic plan of the Emirate in the areas related to the security of Border Crossing Points; and 6. to improve and optimise the performance of the Government Entities in charge of supervising Border Crossing Points, and to ensure their competitive edge at the regional and international levels. Functions of the DCSBCP

Article (6) a. For the purpose of achieving its objectives, the DCSBCP will have the duties and powers to: 1. develop, in coordination with the concerned entities, the general policy and strategic plans of the Emirate in respect of Border Crossing Points, and provide opinion and advice to the Government concerning the security of Border Crossing Points;

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 4 of 12 2. develop a comprehensive strategy for the security and protection of Border Crossing Points; devise a general policy for the security of Border Crossing Points, taking into account the objectives and uniqueness of each Border Crossing Point; and make the recommendations required for supporting and developing that strategy; 3. supervise the implementation of the approved general policy and strategic plans for the security of Border Crossing Points, in line with the general orientation of the UAE; and issue the resolutions required for ensuring the proper implementation of such policy and plans; 4. standardise the security rules, regulations, and requirements for Border Crossing Points protection, in line with the rules, regulations, and requirements adopted by Manafth in this respect; 5. supervise the implementation of security measures and proper performance of the inspection and control processes of Border Crossing Points, particularly in situations of Risk, Emergency, Crisis, Disaster, or major regional and global changes, in coordination with Manafth and other concerned entities; and establish the preventive measures and remedial actions that mitigate the impact of such Risks, Emergencies, Crises, Disasters, and changes; 6. coordinate with the Government Entities in charge of supervising Border Crossing Points to create an integrated database serving these Border Crossing Points, which includes the details related to performance ratings and indicators; 7. review the legislation and policies affecting the security and protection of Border Crossing Points, and propose the necessary action in this regard; 8. coordinate with Manafth and the Government Entities in charge of Border Crossing Points on all matters related to the security and protection of Border Crossing Points to ensure the integration, and avoid the duplication, of roles; 9. consider the applications received by Government Entities in respect of all matters falling within the DCSBCP functions related to the security of Border Crossing Points; and issue the necessary resolutions in this respect; 10. consider the applications submitted to the Government Entities in charge of supervising Border Crossing Points to open offices or branches of any entities at Border Crossing Points, and issue the necessary resolutions in this respect; 11. coordinate with the Government Entities in charge of supervising Border Crossing Points to increase the efficiency and preparedness of these Border Crossing Points to meet all security needs; and develop training and qualification programmes for the staff of Border Crossing Points, with a view to dealing with all relevant risks and challenges;

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 5 of 12 12. consider the current status of Border Crossing Points, and propose appropriate solutions to promote and develop the same and to eliminate any security hazards or obstacles they encounter; 13. represent the Government Entities in charge of supervising Border Crossing Points before Manafth and before local, federal, regional, and international entities; and participate with these Government Entities in local, regional, and international conferences and exhibitions; 14. issue binding directives and instructions to Government Entities concerning any issues affecting the security of Border Crossing Points; follow up compliance by these entities with the directives and instructions issued to them; and submit the relevant reports to the Chairman of the Executive Council; 15. approve the rules, regulations, and requirements related to the security and protection of the databases of Border Crossing Points; provide support and assistance to Government Entities to protect and secure such data; and prohibit access by any internal or external entity to these databases without obtaining the approval of the DCSBCP; 16. conduct studies and research, make proposals, and issue bulletins and statistics as required to assist the Government in formulating its strategy for the development of Border Crossing Points, in coordination with the Government Entities in charge of supervising Border Crossing Points; 17. organise, co-organise, and hold conferences, symposia, workshops, and seminars on matters related to the security and protection of Border Crossing Points; 18. form, pursuant to resolutions issued by the Chairman, specialised permanent and temporary committees and work teams to assist it in performing its duties. These resolutions will determine the duties, powers, and terms of reference of committees and work teams and any other matters related to them; 19. seek assistance, as it deems appropriate, from competent experts and specialists in the field of security and protection of Border Crossing Points; 20. set the DCSBCP's action plan, develop the relevant performance indicators and quantitative goals to be achieved; measure progress in the implementation of the action plan; develop improvement plans in light of the achieved outcomes; and submit the relevant periodic reports to the Executive Council; 21. submit to the Executive Council periodic reports which include the latest progress of work on the strategic programmes and the policies of the DCSBCP; its recommendations, the outcomes of its work, and its achievements in the area of security and protection of Border Crossing Points; the challenges and obstacles faced by the DCSBCP in the performance of its duties; and the proposed action to address and overcome these challenges and obstacles;

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 6 of 12 22. collaborate with concerned Government Entities to take the necessary action to secure the economic interests of the Emirate at all times; 23. own the real property, movables, assets, devices, equipment, and other property allocated for the work of the DCSBCP; and 24. exercise any other duties or powers required for the achievement of the DCSBCP objectives and the security and protection of Border Crossing Points, as assigned to the DCSBCP by the Ruler or the Chairman of the Executive Council. b. The DCSBCP may delegate any of its powers under paragraph (a) of this Article to the Chairman, to the vice chairman, to any of the Members, to a committee comprised of Members, or to the Secretary General, provided that such delegation is specific and in writing. Formation of the DCSBCP

Article (8) a. The Chairman will undertake the general supervision of the work and activities of the DCSBCP. In particular, the Chairman will have the duties and powers to: 1. assume leadership and provide guidance, with a view to ensuring that all the functions assigned to the DCSBCP are performed in an efficient and effective manner; 2. approve the general policy of the DCSBCP and the strategic plans and objectives in respect of promoting and protecting the security of Border Crossing Points; and submit the same, through the General Secretariat, to the Executive Council for approval; 3. ensure effective performance of the work of the DCSBCP by presiding over its meetings and managing its discussions; 4. approve the resolutions regulating the administrative, technical, and financial work of the DCSBCP; 5. approve the organisational structure of the DCSBCP and the General Secretariat with a view to enabling the DCSBCP to implement and develop its plans, projects, and programmes;

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 7 of 12 6. approve the draft annual budget and Financial Statements of the DCSBCP, and submit the same, through the General Secretariat, to the concerned entities in the Emirate for final approval; 7. approve the plans, programmes, and initiatives related to the security and protection of Border Crossing Points; 8. motivate the full and effective participation of all Members to ensure the achievement of the objectives of the DCSBCP; and 9. ensure effective communication among Members, and convey their viewpoints, proposals, and recommendations to the Executive Council; and 10. perform any other duties assigned to him by the Ruler or the Chairman of the Executive Council, or delegated to him by the DCSBCP. b. Where the Chairman is absent or his position falls vacant for any reason whatsoever, the vice chairman will exercise the Chairman's duties and powers stipulated in this Law, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate. c. The Chairman may delegate any of his duties or powers under this Law and the resolutions issued in pursuance hereof to the vice chairman, to any Member, to a committee of Members, or to the Secretary General, provided that such delegation is specific and in writing. Meetings of the DCSBCP

Article (9) a. The DCSBCP will convene at the invitation of its Chairman, or vice chairman if the Chairman is absent, at least once every two (2) months, or where required. Meetings of the DCSBCP will be valid if attended by the majority of Members, provided that its Chairman or vice chairman is in attendance. b. Resolutions and recommendations of the DCSBCP will be passed by majority vote of the attending Members; and in the event of a tie, the chair of the meeting will have the casting vote. c. Resolutions of the DCSBCP will be recorded in minutes signed by the chair of the meeting and attending Members. d. Where a Member objects to any of the resolutions or recommendations of the DCSBCP, this Member may record his objection in writing in the minutes of the relevant meeting or in a separate written document.

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 8 of 12 Rapporteur of the DCSBCP

Article (10) a. A rapporteur will be appointed to the DCSBCP by the Secretary General from amongst the Employees of the General Secretariat. b. The rapporteur of the DCSBCP will have the duties to: 1. prepare the DCSBCP meeting agendas in accordance with the rules approved by the Chairman in this respect, and notify the Members of the same within sufficient time prior to meetings; 2. send invitations to the Members to attend its meetings at the time and place determined by the Chairman; 3. draft minutes of the DCSBCP meetings, have them signed by the Members, and submit the same to the Chairman for approval; 4. coordinate with the General Secretariat to follow up the implementation of the resolutions, recommendations, directives, and proposals of the DCSBCP; and 5. perform any other duties assigned to him by the Chairman or the Secretary General. Executive Body of the DCSBCP

Article (11) a. The DCSBCP will have a General Secretariat comprised of a Secretary General, appointed pursuant to a resolution of the Chairman of the Executive Council upon the recommendation of the Chairman, and a number of administrative, finance, and technical Employees, to whom the above-mentioned Law No. (8) of 2018 and the resolutions issued in pursuance thereof will apply. b. The General Secretariat will support the DCSBCP in achieving its objectives and in exercising its duties and powers under this Law, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate. In particular, the General Secretariat will have the duties and powers to: 1. develop, in coordination with the concerned Government Entities, the policies and strategies required for the security and protection of Border Crossing Points, submit the same to the DCSBCP for discussion in preparation for approval by the Chairman, and monitor and follow up the implementation of these policies and strategies upon approval; 2. provide technical and administrative support services to enable the DCSBCP to exercise its duties and powers; and supply it with the data, information, statistics, and studies it requests;

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 9 of 12 3. provide the administrative support required by the committees and work teams formed by the DCSBCP; follow up the implementation of their duties; and submit, through the Secretary General, the required reports on the same to the DCSBCP to issue the relevant directives as it deems appropriate; 4. in coordination with the concerned Government Entities in the Emirate, review the legislation related to the functions of the DCSBCP and propose draft legislation or legislation amendments in accordance with the relevant economic and security requirements, with a view to preserving the interests and strategic position of the Emirate; 5. review, from a technical perspective, all matters listed on the agendas of the DCSBCP meetings; and prepare the required relevant reports; 6. prepare, in coordination with the entities represented in the DCSBCP, the draft resolutions of the DCSBCP to be issued by the Chairman; submit the same to the Chairman for approval; and follow up their implementation; 7. prepare the bylaws, resolutions, and regulations governing the administrative, financial, and technical work of the DCSBCP; and submit the same, through the Secretary General, to the Chairman for approval; 8. prepare annual reports on the performance of the DCSBCP; and submit the same to the DCSBCP to issue the relevant directives as it deems appropriate; 9. receive all reports, studies, plans, projects, programmes, proposals, and other requests submitted to the DCSBCP by the Government Entities in charge of supervising Border Crossing Points; and present the same to the DCSBCP to issue the relevant directives as it deems appropriate; 10. receive the reports submitted to the DCSBCP by the Government Entities in charge of supervising Border Crossing Points on their work progress; and present the same to the DCSBCP to issue the relevant directives as it deems appropriate; and 11. exercise any other duties or powers assigned or delegated to it by the Chairman or the DCSBCP. c. The Secretary General will be directly responsible to the Chairman for exercising the powers and duties assigned to him pursuant to this Law, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate. In particular, the Secretary General will have the duties and powers to: 1. follow up the implementation of the general policy and strategic plans and objectives of the DCSBCP; and the operational plans, programmes, and initiatives approved by the Chairman and the DCSBCP; 2. supervise the regulatory, administrative, and technical affairs of the DCSBCP and the General Secretariat;

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 10 of 12 3. follow up the implementation of the resolutions issued by the Chairman and the DCSBCP; 4. prepare a quarterly report on the work and activities of the General Secretariat, and submit it to the DCSBCP; 5. follow up the work of the committees and work teams formed by the DCSBCP, and submit the required reports and recommendations on the same to the DCSBCP; 6. appoint the technical and administrative body of the General Secretariat in accordance with the relevant resolutions approved by the Chairman; and supervise its daily work; 7. supervise the provision of technical, administrative, and secretarial support by the General Secretariat to the DCSBCP, and to the committees and work teams formed by the DCSBCP; and provide media coverage for their work, activities, and achievements; 8. ensure synergy and coordination between the Government Entities in charge of supervising Border Crossing Points and other entities; 9. prepare the draft annual budget and Financial Statements of the DCSBCP, and submit the same to the DCSBCP for discussion in preparation for approval by the Chairman; 10. prepare the organisational structure of the DCSBCP and General Secretariat, and submit it to the Chairman for approval; 11. represent the DCSBCP before third parties and execute contracts, agreements, and memoranda of understanding with local, federal, regional, and international entities in areas of expertise relevant to the work of the DCSBCP; and 12. exercise any other duties or powers assigned or delegated to him by the Chairman or the DCSBCP. d. The Secretary General may delegate any of his powers under paragraph (c) of this Article to any of the General Secretariat Employees, provided that this delegation is specific and in writing. Cooperation with the DCSBCP

Article (12) a. All Government Entities in charge of supervising Border Crossing Points, and other Government Entities, must fully cooperate with the DCSBCP and provide it with the data, statistics, information, and studies it requests and deems necessary to enable it to achieve its objectives and exercise its duties and powers under this Law, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate.

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Law No. (15) of 2021 Establishing the Dubai Council for the Security of Border Crossing Points Page 11 of 12 b. For the purpose of performing its functions under this Law, the DCSBCP may seek assistance from the Government Entities in charge of supervising Border Crossing Points and other Government Entities. These entities must, upon request, provide the DCSBCP with support and assistance. Legal Personality