General UAE Legal Questions LawCabinet Resolution No. (63) of 2023 Concerning the Security of Ports, Borders and Free Zones

Article (1) Definitions In the application of the provisions of this Resolution, the following words and expressions shall have the meanings indicated opposite each of them unless the context requires otherwise: State : United Arab Emirates. Authority (ICP) : Federal Authority for Identity, Citizenship, Customs and Ports Security. Chairman : Chairman of the Authority. Director General : Director General of the Authority. Concerned Authorities : Any ministry, department, federal or Local Government entity, institutions, operational authorities, or private sector companies operating at ports, borders, free zones, and crossing points to and from the UAE, as the case may be. Competent Authority : Ministry of Energy and Infrastructure. Ports : UAE official Land, Air, and Sea Ports, in addition to the Creeks, Fishing and Private Ports. Land Ports : Specific areas established and approved by the UAE Competent Authorities related to the movement of people, goods and means of transportation within the UAE Land areas or to and from the UAE. Ports include land border points and gates and the borders of the free zones affiliated with the land port facilities. Sea Ports : Specific areas established and approved by the UAE Competent Authorities related to the entry and exit movement of people, goods and other marine means of transport in the marine areas specified in accordance with the legislation in force. Ports include commercial

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 3 ports, sea piers, creeks and the borders of free zones affiliated with sea port facilities. Air Ports : Specific areas established and approved by the UAE Competent Authorities related to the movement of entry and exit of people, goods and other means of air transport, and the landing and take-off of aircraft. Ports include international airports, local sea airports, and the borders of free zones affiliated with air port facilities. Borders : The borders separating the land areas and territories of the UAE and the land areas and territories of neighbouring countries. Free Zones : Free zones established in any of the Emirates of the UAE, related to the movement of people, goods and means of transportation within the UAE areas or to and from the UAE. Decree-Law : Federal Decree-Law No. (14) of 2021 Establishing the Federal Authority for Identity, Citizenship, Customs and Ports Security. Security Programs : A set of policies, procedures, standards, requirements, or guides issued by ICP, in addition to compliance Inspections, and also includes Security Programmes for land, sea and air ports, free zones, border points and border fences. Security Plan : A document prepared, implemented and continuously updated by the Relevant Authorities at ports, borders and free zones in order to meet the necessary security measures and procedures to confront potential threats and the level of risk. The Security Programme for the air port is also considered to be a Security Plan. Code : The International Ship and Port Facility Security Code (ISPS Code) is an integrated system of systems and procedures for the effective security of ships and port

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 4 facilities, developed to address the threats to ships and ports and to ensure the provision of a standardised and integrated framework for assessing risks and threats and determining appropriate security standards and measures to address them. Compliant Ports : Ports subject to the Code and for which an international compliance statement has been issued by the UAE Competent Authority. Non-Compliant Ports : Ports that do not have an international compliance statement issued and do not fall under the provisions of the Code, and are licensed by the Authority. Statement of Compliance : The written document that includes the port commitment to the provisions of Chapter No. (XI-2) and Part (A) of the Code, issued by the UAE Competent Authority based on the results of monitoring and Inspection of compliance, and is annually renewed in accordance with Authority procedures. License : A permit issued by Authority concerning issuing or renewing a licence for ports in accordance with the evidence, standards, conditions, procedures and national security requirements approved by the UAE. Supervision : All Security Inspection and Inspection work, conducting security testing exercises and scenarios (announced and unannounced), review, examination, assessment, monitoring, follow-up, analysis, surveying, and collecting data and information within the scope of Authority jurisdiction in accordance with applicable laws and regulations. Compliance Inspection/Inspection : A comprehensive systematic process to objectively assess the compliance of ports, borders and free zones with Security Plans, national and international security standards and requirements, and the conditions and

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 5 procedures contained in Security Programmes or technical manuals contained in accordance with the provisions of this resolution, and to propose the necessary developments and improvements. Risk and Threat Record : A record created by Authority that shows the risks and threats that the port or free zone may be exposed to, the capabilities that shall be provided to confront them, and the mechanisms for dealing with them. Working Day(s): : Official working days in the State.

Article (3) Executive Powers to Exercise Powers For the purposes of implementing the provisions of this resolution, ICP – in order to exercise the powers assigned to it in the affairs of port, border and free zone security – shall do the following: 1. Prepare and approve Security Programmes, and their related plans and guides, with the aim of implementing and executing them with the Relevant Authorities. 2. Follow up on the implementation of Security Plans by the Relevant Authorities and work to develop them in a way that ensures achieving security integration at ports and free zones. 3. Conduct annual Inspection of seaports and air ports’ compliance with national and international security requirements and for the purposes of issuing or renewing an international compliance statement.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 6 4. Coordinate support and supervision of training matters required by the Relevant Authorities with the aim of maintaining the security of ports, borders and free zones and raising their efficiency and readiness. 5. Receive complaints and suggestions related to port, border and free zone security affairs and taking the necessary measures concerning them. 6. Conduct control and compliance Inspection tests in the Relevant Authorities to determine the effectiveness and enhancement of procedures, conditions and requirements related to security and safety standards in the affairs of ports, borders and free zones security. 7. Issue and follow up on the implementation of corrective measures, improvements and developments by the Relevant Authorities working at ports, borders and free zones with the aim of enhancing security capabilities and raising the efficiency and readiness of ports, borders and free zones.

Article (4) Concerned Authorities Obligations 1. The Concerned Authorities shall comply as follows: a. Apply the security and safety standards, requirements and procedures contained in this resolution, the approved Security Programmes and the security requirements in the legislation in force in this regard. b. Provide ICP with development notes for Security Assessment and improvement of approved Security Programmes. 2. The application of Clause (1) of this Article shall not prevent the Relevant Authorities from applying the standards, requirements and procedures related to security and safety, in accordance with the scope of the jurisdiction assigned to them, and in a manner that does not conflict with the provisions of the Decree-Law and the resolutions issued in implementation thereof. 3. The Relevant Authorities shall establish regulations, systems and plans to achieve their own security in accordance with the laws of their establishment and work to implement them in a manner consistent with the nature of their work, and in a manner that does not conflict with the provisions of the Decree-Law or the resolutions issued in implementation thereof.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 7

Article (6) Coordination with the Relevant Authorities 1. ICP shall communicate and coordinate effectively with the Relevant Authorities concerning the assessment and development of Security Programmes, plans and assessments, especially the following issues: a. Periodic review of all legislative tools, programmes, plans, Security Assessments, procedures, policies, agreements, guidelines, statistics, and any other operations related to maintaining the security of ports, borders, and free zones. b. Identify security threats with the aim of reducing their impact. c. Unify the security measures and procedures taken and ensuring their delivery to the Relevant Authorities. 2. ICP may conclude cooperation agreements or memoranda of understanding with the Relevant Authorities in the affairs of port, border and free zone security, as required by the work interest. 3. Committees or work teams shall be formed by a resolution of the Chairman to investigate the facts or inspect security gaps or opportunities for improvement necessary in violations occurring at ports, borders or free zones, provided that this resolution determines their jurisdictions, duties and the system of their work mechanism, considering the applicable legislation.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 8 Security Programmes

Article (11) Security Plans The Concerned Authorities shall comply as follows: 1. Prepare the Security Plan in coordination with the Security Committees in accordance with the approved models and frameworks. 2. Submit the Security Plan for assessment by ICP and its approval. 3. Implement security procedures, requirements and measures in accordance with the security situations and levels approved in the Security Plan. 4. Making the necessary updates to the Security Plan in line with the changes and amendments that occur at ports, borders and free zones, in accordance with the following procedures: a. Submit a request for amendment or update to ICP in accordance with the forms approved in the Security Plan, attaching the Security Assessment of the updates. b. ICP shall study the request for amendment or update in light of the requirements and conditions of the plan and the approved Security Assessment. c. ICP shall submit recommendations to the Relevant Authorities concerning approval or rejection of the application. 5. Inform ICP within the period it specifies of any amendments or updates to the Security Plans for ports and free zones.

Article (16) Licensing the Establishment of Ports and Free Zones ICP shall grant a licence to establish ports and free zones, after completing the following procedures: 1. ICP receives application to establish the port or free zone from the Local Government. 2. ICP reviews the application in coordination with the Relevant Authorities. 3. Conduct the security survey, assessment and Inspection by ICP. 4. ICP shall issue the initial approval to begin implementation and inform the Local Government and other Relevant Authorities. 5. Conduct periodic monitoring, Inspection and Security Inspection by ICP after (6) six months from the date of notification of the initial approval. 6. ICP shall submit a report on the results of the trial operation to the Relevant Authorities, accompanied by the necessary recommendations. 7. Submit the final recommendation by ICP to approve the official port to the Cabinet. 8. Submit the final recommendation by ICP to license the free zone to the Relevant Authorities.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 11

Article (17) Licensing the Establishment of Ports and Free Zones ICP shall renew a licence to establish ports and free zones, after completing the following procedures: 1. ICP receives application to renew the licence of the port or free zone from the Local Government. 2. ICP reviews the renewal application, assessment and Security Plan for the port or free zone. 3. Conduct Security Inspection at the port or free zone by ICP based on the Security Plan approved by ICP. 4. ICP shall send the Inspection results and observations to the concerned port or free zone for renewal to fulfil the observations with the required corrective and improvement measures. 5. Based on the results of the Security Assessment and Inspection, ICP issues a renewal of the licence for the port or free zone.

Article (18) Issuance of the International Statement of Compliance for Port Facilities A new international statement of compliance is issued to port facilities that comply with the provisions of the Code, after completing the following procedures: 1. Receive application to issue a new compliance statement from the port authority to ICP, accompanied by the Security Assessment and Security Plan for the port facility in accordance with the approved security measures, standards and procedures. 2. ICP reviews the application in coordination with the Relevant Authorities. 3. ICP reviews the Assessment and Security Plan for the port facility for approval. 4. ICP shall conduct a Security Inspection of the port facility based on the approved Security Plan. 5. ICP shall send the Inspection results and observations to the port authority or free zone to fulfil the observations with the required corrective and improvement measures.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 12 6. Based on the results of the Security Assessment and Inspection, ICP shall submit the final recommendation to the Competent Authority in accordance with the following conditions: a. Approval to issue a compliance statement. b. Not agreeing to issue a compliance statement accompanied by reasons and justifications.

Article (20) Licence Term 1. ICP shall issue licences for ports related to the movement of entry and exit of persons, goods and means of transportation, which are renewable in accordance with the period determined by ICP, based on the evidence, standards, conditions, procedures and national security requirements approved by the UAE. 2. ICP shall coordinate with the Competent Authorities in the UAE for taking the necessary measures and procedures concerning the suspension of the issuance/renewal of licences falling within its jurisdiction until the requirements imposed by ICP are met.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 13

Article (22) Security Testing Exercises 1. ICP shall prepare the scenarios and work mechanisms necessary to implement security testing exercises at ports, borders and free zones with the aim of confirming the security readiness of the Relevant Authorities and the efficiency of their employees and the transit areas of transportation means from one port in the UAE to another port in another country and the equipment that assists them with the aim of enhancing the UAE security capabilities. 2. The Concerned Authorities shall facilitate the security testing programmes implemented by ICP for assessing the Security Plans, knowing the readiness and preparedness of the Concerned Authorities, identifying the strengths and weaknesses and opportunities for improvement in the procedures applied by them within the scope of jurisdiction, and ensuring the full implementation of the necessary corrective measures to close the security gaps. 3. The Chairman or his delegate may grant approval for the use of camouflage methods or the alteration of facts in documents, papers or objects, or the possession, transfer or use of weapons, ammunition, explosives, materials, goods or prohibited, infringing or prohibited items to carry out security tests, in accordance with the need and nature of each exercise. 4. The Chairman or his delegate may grant approval to employ individuals who are not employees of ICP, whether citizens of the UAE or foreigners, and assign them to participate in security tests.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 14 5. ICP shall coordinate with the Relevant Authorities to provide data, information, documents, or borrow materials, documents, weapons, explosives, or fireworks for use in implementing security tests. 6. The Concerned Authorities shall not to obstruct the security test and include the names of the security test team to identify them later or photograph any stage of the security tests by any means or gather. 7. In the event that any of those charged with implementing the security test are brought before the Judicial Authorities as a result of an accident or action that occurs during the implementation of the exercise assigned, ICP shall bear the costs of the necessary legal support services.

Article (23) Monitoring and Inspection of Compliance 1. The results of the monitoring and Inspection of compliance shall be subject to analysis and assessment. ICP may request any additional data or information from the Relevant Authorities if necessary. 2. ICP shall prepare the initial report of the field visit to the ports, borders and free zones, and it shall be presented to the ICP Competent Officials in accordance with the geographical location of the scope of responsibility for review and opinion. 3. Corrective measures shall be included in the initial report in coordination with the relevant officials in accordance with the powers and available capabilities, and a time period is specified for them. After the end of the specified time period, ICP shall repeat monitoring and Inspection of compliance with the corrective measures. 4. ICP shall submit the final report, including the observations and recommendations for taking the necessary corrective measures by the Relevant Authorities, to the President or his delegate. 5. The Concerned Authorities shall prepare a time plan for corrective measures on the observations contained in the compliance control and Inspection report, within (14) fourteen working days of receiving the final report. 6. 6.The concerned party may object, with reasons, to the final report issued by ICP within (14) fourteen working days from the date of receipt. It shall be supported by the necessary

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 15 evidence, documents and legal basis, with the proposal of new corrective procedures and plans and discussing them with ICP to reach a joint agreement within a period of time that is consistent with the standards of oversight and Inspection of compliance. 7. ICP may repeat the process of monitoring and Inspection the corrective measures and the procedures associated with them to ensure compliance with the corrective measures. 8. ICP shall include the results of the annual report on monitoring and Inspection compliance and the corrective measures taken by the Relevant Authorities in the ports and free zones in its annual performance report when it is submitted to the Cabinet.

Article (24) Risk and Threat Record 1. The Concerned Authorities with ports and free zones are committed to determining the mechanisms for dealing with risks and threats in accordance with the model prepared by ICP for this purpose, and to updating them periodically whenever necessary. 2. ICP shall prepare a risk and threat record in accordance with the following procedures: a. Identify potential risks and threats to ports and free zones. b. Assess mechanisms for dealing with risks and threats. c. ICP shall submit reports and recommendations concerning the assessment of risks and threats and mechanisms for dealing with them to the Relevant Authorities. d. The entity shall exchange data and information with the Relevant Authorities with the aim of unifying the mechanisms for dealing with risks and threats.

Article (27) Orders to Correct Violations in Normal Circumstances 1. Subject to the provisions of Article (23) of this resolution, ICP shall send correction actions to the Relevant Authorities to correct the aspects of each violation in accordance with the following procedures: a. ICP shall send to the relevant violating party a letter from the Director General or his delegate specifying the type of violation committed and the period specified for correcting the violation, provided that it does not exceed (90) ninety days. b. If the period mentioned in Paragraph (A) of Clause (1) of this Article expires without completing the corrective measures, ICP shall send a written notification by the Director General or his delegate specifying a period not exceeding (30) thirty additional days to complete the corrective measures stipulated in Paragraph (A) of Clause (1) of this Article. c. If the notification period expires without completing the corrective measures, ICP shall recommend imposing Administrative Penalties in accordance with the schedule of violations and Administrative Penalties attached to this resolution and in accordance with Article (30) of this resolution. 2. Subject to the procedures set forth in Clause (1) of this Article, the Director General or his delegate may approve an extension of the period for correcting the violation based on the request of the Relevant Authorities at the time or in accordance with the requirements of the public interest.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 17 3. ICP shall send correction actions to the Relevant Authorities in light of the results of the monitoring and Inspection of compliance or security tests in accordance with the form prepared for this purpose. 4. The Concerned Authorities shall implement the corrective and improvement measures issued by ICP in light of the results of monitoring and Inspection the compliance or security status or implementing security tests or Security Assessment operations.

Article (30) Administrative Penalties 1. Administrative Penalties attached to this resolution shall be imposed by a resolution of the Cabinet based on the President proposal, when the Concerned Authorities commit or repeatedly commit any of the administrative violations listed in the table in this resolution. 2. Administrative Penalties shall be applied to the Concerned Authorities in the field of port, border and free zone security, without the natural persons affiliated with these authorities. 3. Penalty shall be doubled in the following cases:

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 18 a. In the event that the relevant violating party does not complete the corrective measures directly and within the time specified by ICP, unless there are acceptable justifications. b. In the event that the same violation is repeated by the concerned party within (12) twelve months from the date of informing the concerned party of the commission of the first violation. 4. The Concerned Authorities shall correct any violations, even if Administrative Penalties are imposed on them in accordance with the provisions of this resolution. 5. The Cabinet may exempt from implementing the Administrative Penalty in accordance with the considerations it deems appropriate based on the President proposal.

Article (31) Appealing the Administrative Penalties 1. Anyone who has been subjected to an Administrative Penalty in accordance with the provisions of this resolution may file a grievance before a committee called (the Ports and Free Zones Affairs Grievances Committee) within a period not exceeding (30) thirty working days from the date of notification of the type of Administrative Penalty. 2. The Committee stipulated in Clause (1) of this Article shall have ICP to consider and decide on the subject of grievances against resolutions issued with Administrative Penalties within a period not exceeding (30) thirty working days from the date of receipt of the grievance request. 3. The Complainant may not appeal the resolution issued with the Administrative Penalty unless the appeal process has been completed or if the deadlines for deciding on it have passed. 4. A resolution shall be issued by the Cabinet, based on the Chairman proposal, to form this committee, determine its members, and specify its powers. 5. No grievance or appeal shall be accepted against any resolution before the Committee after the passage of (15) fifteen working days from the date of notification of the concerned party or proof of his knowledge of it with certainty. 6. The resolution issued by the Committee in the grievance shall be final, and the resolution issued by the Committee may not be appealed except before the competent court within

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 19 (20) twenty working days from the date of notification of the resolution. The court may, upon the request of the appellant, suspend the implementation of the resolution issued by the Committee until the matter is decided if it finds that the appeal is based on serious reasons and that continuing to implement the resolution will result in consequences that are difficult to remedy.

Article (36) Publication and Entry into Force of the Resolution This Resolution shall be published in the Official Gazette and shall come into force (3) three months after the date of its publication. Mohammed Bin Rashid Al Maktoum Prime Minister Issued by Us: Date: 12 June 2023 AD Corresponding to: 23 Dhul Qida 1444 A.H.

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 21 Table of Violations and Administrative Penalties attached to the Cabinet Resolution No. (63) of 2023 Concerning the Security of Ports, Borders and Free Zones No. Violation Administrative Penalties Repetition First Time Second Time Third Time 1 Failure to comply with ICP immediate correction action. Written Notice. The fine is (20,000) twenty thousand dirhams and a maximum of (60,000) sixty thousand dirhams for each single correction action. Temporary closure for a period not exceeding (30) thirty working days. 2 Failure to comply with the requirements, standards or conditions of approved Security Programmes. Written Notice of any requirement, standard or condition. The fine is (30,000) thirty thousand dirhams and a maximum of (60,000) sixty thousand dirhams for each requirement, standard or condition. Temporary closure for a period of not less than (14) fourteen working days and not more than (30) thirty working days for the total requirements, standards or

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 22 conditions in one case. 3 Failure to take correction action or meet observations. The fine is (20,000) twenty thousand dirhams and a maximum of (60,000) sixty thousand dirhams for each single correction action or meet observations. The fine is (70,000) seventy thousand dirhams for each single correction action or meet observations. Temporary closure for a period of not less than (14) fourteen working days and not more than (30) thirty working days for the total for each single correction action or meet observations. 4 Failure to update the Security Plan and have it approved by ICP. A fine of (20,000) twenty thousand dirhams for each action. A fine of (30,000) twenty thousand dirhams for each action. A fine of (40,000) twenty thousand dirhams for each action. 5 Failure to report to ICP any threats, risks, accidents or similar matters within the specified period at the time. A fine of (10,000) ten thousand dirhams for the total threats, risks, accidents, or the like. A fine of (20,000) ten thousand dirhams for the total threats, risks, accidents, or the like. A fine of (30,000) ten thousand dirhams for the total threats, risks, accidents, or the like. 6 Failure to report any modification or update to the Security Plan within A fine of (20,000) twenty A fine of (30,000) twenty A fine of (40,000) twenty

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 23 the period specified by ICP. thousand dirhams. thousand dirhams. thousand dirhams. 7 Failure to provide data, information, records, Security Plans, statistics or supporting documents to ICP within the specified deadlines. Written Notice. A fine of (10,000) twenty thousand dirhams. A fine of (20,000) twenty thousand dirhams. 8 Violation of the provisions of the regulations, laws or instructions issued by ICP or the Relevant Authorities related to the implementation and application of security and safety requirements. Written Notice. A fine of (40,000) twenty thousand dirhams. Temporary closure for a period of not less than (14) fourteen working days and not more than (30) thirty working days for the total violations in one case. 9 Failure to comply with the procedures stipulated in Articles Nos. (14), (15), (16), (17), (18), and (26) of this resolution. Suspending, withdrawing or closing the activity of all or some of the Operating Authorities in the ports or free zones. 10 Failure to issue urgent and direct correction actions for violations that cannot be postponed or delayed, and that affect the

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 24 security and safety of the UAE. 11 Failure to meet the observations of the results of the control and Inspection of compliance, which are classified as highly dangerous and have an impact on the security and safety of the UAE. 12 Failure to update the Security Plan in light of the results of monitoring and Inspection compliance within the time frame specified by ICP. 13 Proof of committing several violations that affect the security and safety of the UAE, in light of the security situation report prepared by ICP. 14 Failure to correct the security or legal requirements contained in the Security Programmes despite the imposition of the Administrative Penalties

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Federal Cabinet Resolution of 2024 Concerning the Security of Ports, Borders and Free Zones 25 contained in accordance with the sequence of items (1) to (8) of this Table.

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