General UAE Legal Questions LawCabinet Resolution No. (16) of 2023 Concerning the “Made in the UAE” Mark

Article (1) Definitions In application of the provisions of this Resolution, the words and expressions set forth herein shall bear the meanings ascribed to them, unless the context otherwise requires: State : United Arab Emirates. Minister : Minister of Industry and Advanced Technology. Ministry : Ministry of Industry and Advanced Technology. Establishment : Any establishment, company or legal entity that may practise economic activity in the State. Competent Authority : The federal or local authority or whomever the Ministry delegates the authority to issue a licence certificate to use the Mark or to control and assess conformity such as inspection, examination and market survey to ensure t…

Article (2) Resolution Objectives The objective of this Resolution is to attain the following: 1. Support and market the local product and improve quality and competitiveness thereof at the local, regional and global levels. 2. Distinguish Emirati products that meet the requirements of specifications and standards.

Article (3) Scope of Application Provisions of this Resolution shall apply to all manufactured products, including those manufactured in the economic zones and free zones in the State.

Article (4) Conditions and Documents Required to Obtain a Licence Certificate to Use the Mark 1. Any establishment may submit a request to the Ministry to obtain a licence certificate to use the Mark according to the approved form for such purpose. When submitting the request, the following documents shall be required: a. Industrial Production Licence issued by the Ministry.

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Cabinet Resolution of 2023 Concerning the “Made in UAE” Mark 4 b. Conformity Certificate. c. Fulfilment of the requirements stipulated in Federal Law No. (10) of 2018 regarding Product Safety and the executive regulations thereof, or any applicable law related to product safety. d. Fulfilment of the requir…

Article (5) Issuance of Licence Certificate to Use the Mark 1. The Ministry shall issue a licence certificate to use the Mark in accordance with the evidence and procedures approved thereby; 2. The Ministry may request clarifications, information or additional documents related to the conditions outlined in Article (4) of this Resolution, in order to complete the study of the request; and 3. The Ministry shall notify the applicant, via one of the communication means approved thereby, of its decision within (15) fifteen business days from the date of submitting the request, and if the request was rejected, the decision of such rejection shall be reasoned.

Article (6) Validity of the Licence Certificate to Use the Mark The licence certificate to use the Mark shall be valid for (3) three years from the date of its issuance, renewable for similar periods, provided that the renewal request, including the documents referred

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Cabinet Resolution of 2023 Concerning the “Made in UAE” Mark 5 to in Article (4) herein, shall be submitted within a period not exceeding (30) thirty days from the expiration date of this certificate.

Article (7) Fees Fees issued by a Cabinet Resolution and related to the implementation of the provisions of this Resolution shall be collected by the means specified by the Ministry of Finance.

Article (8) Database of the Licence Certificate to Use the Mark The Ministry shall assign a serial identification number to the licence certificates to use the Mark, and shall maintain them in accordance with the approved authentication laws designated for this purpose.

Article (9) The Mark The Ministry shall approve the shape and design of the Mark, issue a Mark Usage Guide, and shall be the exclusive owner of the intellectual property rights related thereto.

Article (10) The Mark Usages The establishment, obtained the licence certificate to use the Mark, shall have the following rights: 1. Print, stick, hang or engrave the Mark on the products covered by the licence to use it on the outer covers and packages in accordance with the Mark Usage Guide referred to in Article (9) herein; and 2. Put the mark on the official papers of the products for which the establishment has obtained the right to use the Mark, and to use and promote the Mark in all advertising means.

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Article (11) Obligations of the Establishment Obtaining the Licence Certificate to Use the Mark The establishment obtaining the licence certificate to use the Mark shall comply with the following: 1. Not to use the Mark on products unincluded in the licence in accordance with the provisions of this Resolution; 2. Comply with the instructions and uses of the specified Mark in accordance with the Mark Usage Guide referred to in Article (9) herein; 3. Not to use the Mark in a manner that offends it or degrades the value thereof, and not to use it in a misleading manner; 4. Not to use the Mark by promoting and advertising products that are not included in the licence to use the Mark in accordanc…

Article (12) Administrative Violations and Penalties The Cabinet, based on the proposal of the Minister and the presentation of the Minister of Finance, shall issue a resolution regarding administrative violations and penalties to be imposed on violators of any of the provisions stipulated herein or the resolutions issued in implementation of provisions thereof.

Article (13) Appeal Any concerned person may complain in writing to the Minister, his representative, against any decision issued on the basis of the provisions of this Resolution, within a period not exceeding (15) fifteen days from the date of being notified of the decision complained against, provided that the complaint shall be justified and accompanied by supporting documents. This complaint shall be decided on within a period not exceeding (30) thirty days from the date of its submission, and the complainant shall be notified of the result within (5) five working days from the date of the complaint decision. The decision of the Minister, or his representative in this regard, shall be f…

Article (14) Administrative Control 1. The Ministry employees shall have the right to prove what happened in violation of the provisions of this Resolution and the decisions issued in implementation thereof, and to file the violations, within the scope of their respective competence, and for this purpose, they shall have the right to: a. Inspect the establishment obtained the licence certificate to use the Mark to ensure that the establishment performs the production process of products obtaining the licence certificate to use the Mark. b. Inspect and conduct a market survey on the products that have obtained the Mark in coordination and cooperation with the competent authorities, including…

Article (15) Confidentiality The Ministry employees, who have access to any information or data of a confidential nature relating to products, when carrying out their duties in accordance with the provisions of this Resolution and the decisions issued pursuant thereto it, shall maintain it and not disclose it to third parties except upon request and with the prior written consent of the party owning this information or data or based on a judicial ruling and in accordance with the legislation in force in the State.

Article (16) Executive Resolutions The Minister shall issue the Resolutions necessary to apply the provisions of this Resolution.

Article (17) Repeals 1. Cabinet Resolution No. (25) of 2017 regarding the “Made in the Emirates” mark Law and its amendments shall be repealed, as well as every provision that contradicts the provisions of this Resolution; and 2. The decisions issued in implementing the decision referred to in Clause (1) of this Resolution shall continue to be enforced until a replacement is issued in accordance with the provisions of this Resolution.

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Article (18) Publication and Entry into Force This Resolution shall be published in the Official Gazette and shall enter into force as of the day following its date of publication. Mohammed Bin Rashid Al Maktoum Prime Minister Issued by Us: On: 21 Shaaban 1444 A.H. Corresponding to: 13 March 2023 AD

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