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
        As far as of application of the provisions of this Law, the following expressions and words shall have, the meanings hereby assigned to them unless where the context requires otherwise;
         
        State: United Arab of Emirates
        Authority: Federal Customs Authority
        Customs Departments: Local customs authorities in each Emirate
        Authority Chairman: Customs commissioner
        Director General: Authority Director General
        Competent Authorities: Federal or Local authorities competent of implementing customs acts under laws and decrees of their establishment.
        2
        Federal Customs Authority shall enjoy legal personality and an independent budget and shall have legal capacity required for executing all acts and conducts, which guarantee achieving its goals and to be a supplement of the cabinet.
        3
        The Authority Registered Office shall be in the city of Abu Dhabi, and it may establish branches inside the state.
        4
        The Authority is the entity entitled to deal with customs affairs in the State, and shall be responsible for customs policymaking along with preparing unified legislations for organizing Customs work and anti- customs smuggling and fraud. It shall also ensure their implementation by competent authorities according to this law and laws, regulations and decisions in force.

        5
        The Authority shall assume the following terms of reference:
        1.     Setting general policy for customs affairs inside the State in coordination with customs departments and overseeing, monitoring and assuring its implementation after its approval by the Cabinet.
        2.     Proposing the draft laws related to the customs affairs in the State and overseeing, checking and inspecting its implementation by customs departments after their issuance.
        3.     Preparing rules and regulations and procedures organizing customs works in the State, monitoring and inspecting its implementation.
        4.     Preparing, unifying and adopting measures of customs risk management, setting and approval of rules and regulation shared between customs risk management and monitoring and inspection of its implementation.
        5.     Adopting best practices and measurements in customs work and monitoring and inspection on their implementation by customs departments.
        6.     Proposing fees related to customs services in coordination with customs departments and submitting it to the Cabinet for issuance and assurance of its implementation. 
        7.     Setting and adopting unified customs procedures for inspection, tariff, information and customs licensing and monitoring and inspection on application of these procedures by customs departments.
        8.     Monitoring and inspecting the imported, exported and transient goods through customs ports in coordination with customs departments.
        9.     Coordinating with competent entities to take necessary steps to ban entry of goods and prohibited items inside the State.
        10.    Managing and operating of customs departments in the ports of the State, if any of them require that.
        11.   Collecting, preparing and publishing data, information and statistics, of customs nature in the State.
        12.    Representing the State in Arabs, regional or international conventions and meetings of customs nature and follow up implementation of decisions they issue in coordination with competent entities inside the State. 
        13.   Implementation of procedures associated to joining of the State to GCC Customs Union and any other customs unions.
        14.     Setting, adopting and implementing central mechanism in coordination with customs departments for collection and distribution of custom fees with GCC to coincide with laws and treaties in force in this regard.
        15.    Putting and adopting a plan for joint training and developing of customs staff members of the State.
        16.    Providing the necessary support for the custom departments when required.
        17.    Any other missions assigned to the Authority by the Cabinet.
        6
        A commissioner shall head the Authority with the rank of a minister appointed by Federal Decree for three renewable years. 
        7

        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.
        8

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

        9

        ​The Authority shall have a general director by the rank of deputy minister, to be appointed by Federal decree based on nomination of the Chairman of the Authority.

        10

        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.
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