FCA - UAE,Federal Customs Authority -United Arab Emirates

FCA - UAE,Federal Customs Authority -United Arab Emirates

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         F.C.A Establishment Law

        We, Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates State,

        Having perused the Constitution,

        Federal Law No. (1) for the year 1972, on the Competencies of the Ministries and Powers of the Ministers and its amendments;

        Federal Law No. (11) for the year 1981 on imposing federal customs on tobacco imports;

        Federal Law No. (3) for the year 1987 on issuing Penal Law and its amendments;

        Federal Law No. (35) for the year 1992 on issuing Criminal Procedures Law;

        Federal Law No. (14) for the year 1995 on Counter-narcotics and Psychotropic Substances and its amendments;

        Federal Law No. (4) for the year 2002 on money laundering and counter terrorism financing and its amendments;

        Federal Law No. (19) for the year 2002 on raising customs fees for goods and imported commodities outside the customs union;

        Federal Law No. (1) for the year 2003 on establishing federal customs authority and its amendments;

        Federal Law No. (13) for the year 2007 on commodities subject to import and export control and its amendments;

        Decree of Federal Law No. (11) for the year 2008 on human resources in federal government and its amendments;

        Decree of Federal Law No. (6) for the year 2009 on peaceful use of nuclear energy;

        Federal Law No. (1) for the year 2011 on general revenues of the state;

        Federal Law No. (8) for the year 2011 on reorganizing state audit institution;

        Decree of Federal Law No. (8) for the year 2011 on regulations of preparing public balance sheet and closing account of the state;

        Decree of Federal Law No. (5) for the year 2013 on weapons, ammunitions, explosives and military equipment;

        Federal Law No. (12) for the year 2014 on organizing the profession of auditors;

        Decree of Federal Law No. (85) for the year 2007 on Common Customs system-law- of GCC countries;

        and pursuant to what the Chairman of Board of Directors of  Federal Customs Authority and approval of the Cabinet and National Federal Council and attestation of Union Supreme Council;

        We have issued the following:

         

         

        ​
        1

        ​The Authority revenues consist of the following resources:

        1.     The annual approbations allocated to the Authority in the Union general Balance Sheet.
        2.     The revenues achieved by the authority from practicing its activities, including any fees accrued to it under the rules, regulations, and decisions in force.
        3.     The  gifts,  aids,  donations,  and  testaments which  the  Cabinet or the entity mandating it,  decides  to accept.
        2

        The Authority funds shall be considered public funds and shall be exempted from all the taxes and duties assessed in the Federal Government and the local governments of the Emirates of the State.

        3

        Employees of the Authority are subject to the regulations of the Human Resources in the federal independent entities that in force in the federal government. 

        4

        Accounts of the Authority shall be audited by one or more auditors according to the fundamentals of accounting recognized in the State. The auditor shall not combine his work with any other work inside the Authority. The auditor shall submit a report to the Chairman of the Authority within four months at most from the end of the date of the financial year.

        5

        The Chairman of the Authority shall submit an annual report to the Cabinet detailing accomplishments of the Authority and flow of its works.

        6

        The Director Manager shall exercise necessary powers to administer the Authority and its affairs. He is the legal representative of the Authority for all its third parties relationships and before courts. He is also entitled for the following:

        1.     Preparing strategy, plans and programs of the Authority and submitting them to the Chairman for approval and follow up their implementation.
        2.     Preparing the project of organization structure of the Authority and present it to the Chairman for approval and then submit it to the Cabinet for adoption and issuance.
        3.     Preparing projects of internal systems necessary for the flow of work inside the Authority and submitting them to the Chairman for approval and issuance.
        4.     Overseeing conduct of technical, administrative and financial affairs established within this Law and in the regulations of the Authority and decisions of the Chairman.
        5.     Appointing staff members of the Authority up to grade 2 and issuance of decisions related to affairs of Human Resources in conformity with its system in force in the Authority.
        6.     Follow up of implementation of decisions of the Chairman in coordination and cooperation with competent bodies.
        7.     Representing the Authority in signature within boundaries stated in the regulations and decisions of the Chairman of the Authority.
        8.     Preparing the annual budget of the Authority and its closing calculation and submitting it to the Chairman of the Authority for approval.
        9.     Preparing the periodical reports about flow of work in the Authority and submitting them to the Chairman of the Authority.
        10.                      Studying reports and recommendations about work of the Authority to take decisions on the light of them.
        11.                      Any other terms of reference entrusted to him by the Chairman of the Authority.
        The Director General may mandate some of his powers to any of the high rank staff member.
        7

        ​This Law shall be published in the gazette, and shall be applicable after 6 months from the date of its publication.

         

        Khalifa Bin Zayed Bin Sultan AI Nahyan
        President of the
        United Arab Emirates
         
        Issued by Us in the Presidency Palace in Abu Dhabi on 5 Shawwal 1436  A. H. corresponding to 21 July 2015 A. D.
        8

        Federal Law No. (1) for the Year 2003 and its amendments, for establishing the Federal Customs Authority, is nullified and every text contradicts with the provisions of this Law, is also nullified.

        9

        The Authority shall maintain all its employees, assets, properties and allocations in the annual budget.

        10

        The Chairman of the Authority is the supreme power supervising affairs of the Authority. He shall be responsible for conduct of its affairs, setting policy that it adopts, issuing organizational and individual decisions, proposing necessary legislations to achieve its needs and he shall exercise all necessary powers and authorities, and particularly has the following:

        1.     Setting general policy of the Authority on the light of the policy of the State and overseeing its implementation after approved by the Cabinet.
        2.     Overseeing workflow in the Authority through instructions and internal systems necessary for that, in accordance with laws and regulations in force.
        3.     Adopting strategy, plans and programs of the Authority and overseeing their implementation to achieve its goals.
        4.     Issuance of regulations, systems, rules and procedures organizing works of the Authority.
        5.     Approval of organization structure of the Authority and submitting it to the Cabinet for approval and issuance.
        6.      Appointing staff members of the Authority in special grades as first, experts and advisors.
        7.     Adopting performance evaluation indicators system for the Authority staff members and follow up its implementation.
        8.     Approval of the Authority annual budget and its closing calculation and submitting it to the Cabinet for approval and issuance.
        9.      Forming committees to study and search competence of the Authority.
        10.                      Any other terms of reference entrusted to the Authority by Law and rules and regulations.
        The Chairman of the Authority is entitled to mandate the Director General or any other high rank employee to exercise some of his terms of reference.