General UAE Legal Questions LawCabinet Resolution No. (62) of 2019 Regarding the Unified National Number System for Customs Users in the State

Article (1) Definitions For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise: State : The United Arab Emirates. Authority : The Federal Authority for Customs. Chairman : The Commissioner of Customs - Chairman of the Authority. Government Entities : Federal or local ministries, authorities, and public institutions, and companies owned by or in which the federal or local government contributes.

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Cabinet Resolution of 2019 Regarding the Unified National Number System for Customs Users in the State 2 Customs Administrations : The customs authorities in the local governments of the State. Diplomatic Missions : The foreign embassies and consulates in the State, and international and regional organizations in the State, for the same purposes. Customs Users : Natural or legal persons who import or export goods from, to, or through the State in accordance with the provisions of this Resolution, including import and export from free zones. Importer : A natural or legal person who imports goods into the State. This includes the import of goods in all its forms and customs statuses, such as temporary admission, transit, import for the purpose of re-export, and other forms of customs import. This also includes importing from free zones in all its forms. Exporter : A natural or legal person who exports goods outside the State, including exporting from and to free zones in the State. Customs Broker : Any natural or legal person licensed to carry out customs clearance business on behalf of others. The System : An integrated electronic database in which the names and data of (Customs Users) including Importers, Exporters, and Customs Brokers in the State are recorded in accordance with the provisions of this Resolution, and it shall be called the "Unified National Number System for Customs Users in the State." Unified National Number : The number issued by the Authority for importers, exporters, and customs brokers through the System.

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Cabinet Resolution of 2019 Regarding the Unified National Number System for Customs Users in the State 3 Customs Administrations System : The system used in Customs Administrations to register Importers, Exporters, and Customs Brokers.

Article (3) Establishment of the System A system called the "National Unified Number System for Customs Users in the State's Customs" shall be established at the Authority, aiming to create a database for Importers, Exporters, and Customs Brokers in the State, to be used for the following purposes: 1. Registering the data of Importers, Exporters, and Customs Brokers in the State in accordance with the provisions of this Resolution. 2. Supplying the risk engine in the systems of the Authority and Customs Administrations with data. 3. Exchanging information between the Authority and the concerned federal or local entities in the State or the concerned authorities in the Gulf Cooperation Council countries. 4. Supporting electronic systems in a way that contributes to expedited decision-making by Government Entities. 5. Preparing statistics related to Importers, Exporters, and Customs Brokers. 6. Supporting the trade facilitation strategy and submitting the necessary recommendations to the concerned authorities to facilitate the adoption of related appropriate decisions. 7. Any other purposes determined by the Chairman within the scope of the Authority's competences.

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Cabinet Resolution of 2019 Regarding the Unified National Number System for Customs Users in the State 4

Article (4) Competences of the Authority The Authority shall be responsible for implementing and supervising the System in accordance with the provisions of this Resolution, in coordination with the Customs Administrations, and for this purpose, it shall have the right to do the following: 1. Receiving, reviewing, and verifying applications for registration, renewal, or update of the Unified National Number data through the System. 2. Issuing, renewing, or updating the Unified National Number data. 3. Preparing studies and statistics, and determining risk indicators for registered Importers, Exporters, and Customs Brokers in the System. 4. Coordinating with the Customs Administrations and concerned Government Entities regarding information, reports, and data related to Importers, Exporters, and Customs Brokers to take the necessary procedures in respect thereof. 5. Responding to inquiries and complaints of Importers, Exporters, and Customs Brokers regarding the Unified National Number in coordination with the Customs Administrations. 6. Exchanging information with Customs Administrations regarding the progress of the System's operation, its updates, and its evaluation during the application period, as well as the extent of compliance of the concerned parties to updating data and reports with the entities connected to the System and submitting periodic reports.

Article (6) Obligations of Importers, Exporters, and Customs Brokers 1. It is prohibited to engage in exporting, importing, or transit activities in the State without obtaining the Unified National Number in accordance with the provisions of this Resolution. 2. All Importers, Exporters, and Customs Brokers must comply with the following, in accordance with the mechanism issued by a decision of the Chairman, and within the timeframe specified by the Chairman in coordination with the Minister of Finance: a. Registration in the System. b. Annual renewal of registration in the System. c. Periodic updating of their data. 3. The Importer, Exporter, or Customs Broker shall, in case of temporary or permanent cessation of import or export activity for any reason, notify the Authority accordingly. 4. The data provided for registration or renewal in the System must be accurate and not misleading.

Article (7) Registration Procedures in the System Registration in the System shall be done electronically in accordance with the following procedures: 1. The Importer, Exporter, or Customs Broker (or their representative) shall submit an electronic application for registration in the System, obtain a username and password, attach the required documents for registration as specified in this Resolution, and pay the prescribed registration fees, in accordance with the procedures specified by the Authority in this regard. 2. The Authority shall verify the application and the attached documents to ensure completeness. If incomplete, the Importer, Exporter, or Customs Broker shall be notified using the methods determined by the Authority, of the need to complete the required data and documents within 15 days from the date of notification, extendable for a similar

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Cabinet Resolution of 2019 Regarding the Unified National Number System for Customs Users in the State 6 period. The application shall be considered void in case of non-compliance with this timeframe. 3. If the registration application meets all requirements, the Authority shall issue the Unified National Number on a preliminary basis, and shall notify the Customs Administrations accordingly. 4. The Customs Administrations shall review the application for the Unified National Number and request the Importer, Exporter, or Customs Broker to complete the necessary data and procedures. 5. The Customs Administrations shall notify the Authority of the approval or rejection of the Unified National Number applications, and in both cases, the following shall apply: a. In case the Customs Administrations approve the Unified National Number, the Authority shall issue the Unified National Number on a final basis, notify the applicant of the approval, and record the number in the special records maintained by the Authority and the Customs Administrations. b. In case the Customs Administrations reject the application, the Authority shall notify the applicant of the rejection, without refunding the fees collected for this purpose. The Authority shall notify the competent Government Entities responsible for regulating the import and export operations in the State of the rejection of the registration and the reasons for the final rejection. The applicant may submit a new application to obtain another National Unified Number.

Article (9) Documents Required for Registration in the System Registration, updating, or renewal in the System requires the attachment of the following documents, according to the category of Customs Users: 1. All Customs Users: a. A true copy of a valid business license. b. A true copy of a valid industrial license (if any). c. A true copy of the passport or national identity card of the owners and representatives of the company or establishment. d. Any other documents determined by the Authority. 2. Diplomatic Missions: Written or electronic approval from the Ministry of Foreign Affairs and International Cooperation is required. 3. Government Entities: A formal letter from the entity is required.

Article (10) Administrative Penalties 1. Without prejudice to any more severe penalty stipulated in any other legislation, the Authority, by a decision of the Chairman or their delegate, shall impose the following fines on violating Importers, Exporters, and Customs Brokers upon committing the violations specified in the following table: No. Violation Administrative Fine in UAE Dirhams 1 Failure of importers, exporters, and customs brokers who carry out import and export operations to register in the System within the time period specified by the Chairman in coordination with the Minister of Finance from the effective date of this Resolution. 1,000 for the first month and 100 for each subsequent month, with a maximum of 5,000. 2 Failure to renew the National Unified Number in the System within 60 days from the date of expiry of its validity period. 500 for each month, with a maximum of 2,500.

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Cabinet Resolution of 2019 Regarding the Unified National Number System for Customs Users in the State 8 3 Failure to update data in the System within 30 days from the date of data change. 500 for each month, with a maximum of 2,500. 4 Submitting misleading or incorrect data in the application for the National Unified Number in the System. 5,000 with a maximum of 10,000. 2. For the purposes of applying the administrative fines imposed under this Article, any part of a month shall be deemed a full month. 3. The Cabinet, upon the proposal of the Chairman, may issue a decision specifying other violations and administrative penalties applicable to those who violate the provisions of this Resolution or the instructions or decisions issued in implementation thereof. 4. The Authority shall collect the administrative fines imposed under this Article through the means determined by the Ministry of Finance.

Article (12) Grievance Against Administrative Penalties 1. A grievance committee for administrative penalties shall be established at the Authority. The formation of the committee, its competences, and the method of filing the grievance shall be determined by a resolution of the Chairman. 2. Without prejudice to the right to resort to the judiciary, whoever has an administrative penalty resolution issued against him in accordance with Article (10) of this Resolution may file a grievance against the resolution before the grievance committee that is formed at the Authority, within (15) fifteen days from the date the aggrieved person becomes aware of the decision.

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Cabinet Resolution of 2019 Regarding the Unified National Number System for Customs Users in the State 9 3. The grievance must be reviewed upon within (30) thirty days from the date of its submission, and the failure to respond to the grievance within that period shall be considered a rejection thereof. 4. The decision issued on the grievance shall be final. Final Provisions