The new changes in the Abu Dhabi legal system as of October 25, 2023

 The UAE has undergone several legal reforms in recent years, including in Abu Dhabi. The following are some of the new changes in the Abu Dhabi legal system as of October 25, 2023:

 New Federal Crime and Punishment Law: This law was introduced in January 2022 and includes several changes, including:

• Enhanced protections for women and domestic servants
• Strengthened public safety and security provisions.
• Eased restrictions on extra-marital relationships 
  

New Federal Non-Muslim Personal Status Law: This law was introduced in February 2023 and provides a non-Sharia legal framework for non-Muslim expatriates on matters such as marriage, divorce, inheritance, and child custody.

New Abu Dhabi Civil Family Court System: This system was introduced in February 2023 and allows non-Muslim couples to divorce and marry in a non-Sharia legal process.

In addition to these major changes legal system, there have been several other smaller changes made to the Abu Dhabi legal system in recent years- For example, the government has introduced new laws to regulate the use of social media and to protect personal data.

The introduction of alternative dispute resolution (ADR) mechanisms: ADR mechanisms such as mediation and arbitration are now widely used in Abu Dhabi to resolve disputes outside of court.

The establishment of specialized courts: In recent years, Abu Dhabi has established some specialized courts to deal with specific types of cases, such as commercial disputes, family matters, and labor issues.

The digitalization of the court system: Abu Dhabi has made significant progress in digitalizing its court system. This has made it easier and faster for people to access justice.

Overall, the Abu Dhabi legal system is becoming more modern and efficient, with a greater focus on protecting the rights of individuals and businesses.

Legal Translation of Documents: The new rule in Abu Dhabi regarding the legal translation of documents is Circular No. 8 of 2023, issued by the Abu Dhabi Judicial Council on September 12, 2023. This Circular exempts litigants from the requirement to translate bank statements and invoices issued in English when submitted to the Abu Dhabi courts.

This is a significant development, as it will save litigants time and money. Previously, all documents submitted to the Abu Dhabi courts had to be translated into Arabic by a certified legal translator. This was especially burdensome for litigants who were submitting bank statements and invoices, as these documents can be quite voluminous.

The exemption introduced by Circular No. 8 of 2023 is a welcome change for litigants and lawyers alike. It will help to streamline the legal process and make it more efficient.

In addition to the exemption for bank statements and invoices, the Abu Dhabi courts still require all other documents submitted to be translated into Arabic by a certified legal translator. This includes documents such as contracts, court orders, and medical records.

 Overall, the Abu Dhabi legal system is becoming more progressive and aligned with international standards. However, it is important to note that the UAE is still a conservative country and there are still some laws that may be considered outdated or restrictive by some people.

 Here are some specific examples of how the new laws have changed the legal landscape in Abu Dhabi:

•  Domestic violence: The new Federal Crime and Punishment Law has introduced harsher penalties for domestic violence offenses. For example, the maximum penalty for the crime of domestic violence has been increased from five years to 10 years in prison.
• Sexual harassment: The new Federal Crime and Punishment Law has also introduced new provisions to criminalize sexual harassment. For example, it is now a crime to touch or molest someone without their consent, even if the victim does not report the incident to the police.
• Honor killings: The new Federal Crime and Punishment Law has also abolished the concept of honor killings. This means that anyone who kills a family member for reasons of honor will now face the same penalty as anyone else who commits murder.
• Divorce: The new Federal Non-Muslim Personal Status Law has made it easier for non-Muslim couples to get a divorce. For example, couples can now request a divorce without having to prove that one party was at fault.
• Child custody: The new Federal Non-Muslim Personal Status Law has also introduced new rules on child custody. For example, the law now states that both parents have equal rights to child custody after a divorce.

These are just a few examples of the new changes in the Abu Dhabi legal system. If you have any specific questions about the law, you should consult with a qualified lawyer.

New law to protect Investors Trust in Dubai’s Financial Market

Dubai: His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, in his capacity as Ruler of Dubai issued Law No (4) of 2016 on the Dubai Economic Security Centre,new law to safeguard investors and to ensure Dubai’s financial stability.

The centre aims to maintain Dubai’s position as a global financial and economic hub, ensure its financial stability and protect its investments from crimes that may harm its economy.

The new law seeks to ensure the proper implementation of international best practices in Dubai’s financial markets, protect investors from risks, combat illegal and harmful activities, and predict and manage risks and negative economic trends that can jeopardise the stability of the market and the national economy.

The new law will enhance investors’ trust in Dubai’s financial markets and encourage them to use Dubai as a hub for their businesses, contribute to ensuring the integrity of procedures related to financial operations, and encourage market players to actively combat activities that can affect economic security and increase awareness about threats that such activities might pose.


Centre’s authority

Entities subject to the centre’s authority include local government bodies that are guaranteed minimum profit by the government as well as those that are subsidised by the government and any company or institution licensed to engage in economic activity in the emirate, including licensed companies operating in special development zones, free zones including the Dubai International Financial Centre.

The centre will also have oversight over charities operating in the emirate as well as any institution that is required to be monitored by the centre as per a decision of the Chairman of Dubai Executive Council.

The new law also defines the roles and responsibilities of the Dubai Economic Security Centre, which include: combating corruption, fraud, crimes, bribery, embezzlement, destruction of public property, forgery, counterfeiting, money laundering , terrorism financing, illegal organisations or other crimes that may be committed by entities that are under the jurisdiction of the Centre.

The law authorises the centre to monitor and analyse economic phenomena in the emirate and reduce any potential negative impact; monitor abuses, financial irregularities, financial markets, institutions, commercial sectors and free zones in Dubai; supervise trading of currencies, commodities, precious metals and listed and unlisted trading securities; supervise donations sent or received by charities; develop rules and procedures to prevent interactions with individuals or organisations involved in terrorism, or with any individual who maintains contacts with these organizations.

Reviewing legislation

As per the law, the Dubai Economic Security Centre is tasked with proposing and reviewing legislations related to the supervision of financial and economic activity in the emirate, preparing specialised studies on the financial and economic affairs of the emirate in order to enhance economic and investment awareness, in addition to providing recommendations in this regard; providing support and advice on the economic security of entities under its jurisdiction upon request; providing training programmes; and preparing reports on important issues affecting the economic security of Dubai for submission to the Chairman of the Dubai Executive Council.

Furthermore, the centre is tasked with the development and publication of reports and periodic statistics on the financial and economic status of the emirate, participation in councils and committees focused on Dubai’s financial and economic affairs, following up on criminal proceedings that may impact the emirate’s economy, and combating activities and practices that may have a detrimental impact on the emirate’s economy and its resources.

The new law stipulates that the executive arm of the centre will have an Executive Director and will be staffed by a number of administrative, financial and technical employees. The law also outlines the roles of the Executive Director, who will be appointed by the Chairman of the Dubai Executive Council.

The new law enables the Centre to coordinate with concerned authorities to carry out its responsibilities and tasks such as supervision, research, investigation, information gathering, taking preventive measures, data and information exchange, financial and administrative auditing, as well as recording crimes and offences in accordance with the provision of this law.

The centre will also provide protection and ensure the safety of individuals collaborating with it for the purpose of maintaining the economic security of the emirate by not disclosing information about the identity and whereabouts of the collaborator. 
For the purposes of this Law, providing information on matters affecting the economic security of the emirate shall not be considered a violation. Any person providing the information shall not be subject to any legal or disciplinary action unless proven to be providing false information.

The new law outlines the penalties for violations of its provisions. Disclosure of information or data that is considered confidential as per the Law could bring imprisonment of up to a maximum of one year and a minimum of three months, apart from a fine of up to Dh50,000 and a minimum of Dh10,000. Any person who violates the provisions of this law will incur a minimum fine of Dh10, 000 and a maximum fine of Dh500, 000.

The law requires concerned individuals and entities to fully cooperate with the Centre in order to enable it to fulfill its mandate without hindrances. 
The new law annuls any other legislation that contradicts or challenges its provisions. The new law shall be published in the Official Gazette and is valid from the date of its publication.

Employee Always Late to Work Not eligible for Gratuity - HR Ministry UAE

Employees who are sacked because of their failure to abide by work timings are not entitled for gratuity, according to the Ministry of Human Resources and Emiratization.

The Ministry outlined such a rule in a response to a query by an employer who complained that some of his workers persistently fail to come to office on time despite his repeated warnings that their services could be terminated.

In his letter to the Ministry, the employer said those workers ignored his warnings and continued to violate work timings. He asked the Ministry whether he would be committed to paying them gratuity in case he terminates their services.

“Workers whose service is terminated due to job misbehavior after repeated notices by the employer are not entitled for end-of-service benefits or any compensation for the sacking,” the Ministry said, according to Emarat Al Youm daily.

The paper quoted a Ministry official as saying employers must first take measures to ensure discipline by their employees in line with Article 120 of the UAE Labour Law.

The source said such measures include notices and meetings with the non-punctual workers, adding that employers can gradually cut those workers’ wages.

“In case the worker does not respond to such warnings, the employer can issue an ultimatum to the worker that he would terminate his service…after that ultimatum, he is authorized to sack the worker if he fails to comply.”

New born baby need a visa in UAE

You must apply for a residency visa for a new-born baby within 120 days of his/her birth. If you fail to do this the child will not be allowed to leave the UAE and the legal guardian must pay an AED100 fine for each day over the 120 day period.

Documents Required:

• Application form

• Original passport for the baby (if the baby was added to one of his parent’s passport, take that one)

• Original + a copy of the baby’s birth certificate (must be attested by the Ministry of Foreign Affairs - Dubai office. Tel: 04-2221144)

• 3 passport sized photos of the baby

• Original + a copy of the attested marriage certificate

• Passport copy of sponsor.

• Copy of job contract for the sponsor or a salary certificate

Procedure:

• Go to a certified typing office and have them complete the form for you after paying the fees.

• Go to the residency section at the GDRFA  (Toll free 800-5111), and hand in the documents.

• The passport with the residency visa will be sent to you through a courier service.

Fees:

- AED 100 residence fees for each year.

- AED 115 adding fees.

 

Three-month medical tourist visa to seek treatment in Dubai

Image Credit: Gulf News

 Dubai: Overseas patients who wish to seek treatment in Dubai will be able to avail of a three-month medical tourist visa, extendible twice — up to nine consecutive months — according to the first phase of an initiative by the Dubai Health Authority and the General Directorate of Residency and Foreigners Affairs.

The initiative aims to unify medical tourism procedures for the emirate, and is the outcome of a recent meeting held by DHA and GDRFA with private sector hospitals as well as the Dubai Healthcare City Authority. The first phase will facilitate hospitals with information on how to apply for a medical tourism visa for overseas patients in collaboration with health authorities.

The unification is in line with the directives of Shaikh Hamdan Bin Mohammad Bin Rashid Al Maktoum, Crown Prince of Dubai to push the medical tourism vision for the emirate. The new tourism visa agreement is only for Dubai.

Currently, only hospitals with international accreditation like the Joint Commission International (JCI) and those in the process of securing one will be eligible. The JCI is an independent, not-for-profit organisation which accredits and certifies health care providers and programmes that achieves the highest quality, best-value health care across all settings. In the UAE, several top health care units like Dubai Hospital and Imperial College London Diabetes Centre have this distinction.

For medical tourism visas, the DHA and GDRFA have designed a process for hospitals to comply with. Hospitals have to apply for a ‘facility establishment card’ — a requirement by the GDRFA, to apply for the medical tourist visa. The card has hospital details including the number of employees.

Speaking to Gulf News, Dr Laila Al Jasmi, CEO of Health Policy and Strategy Sector at the DHA said that hospitals are required to apply for a ‘treatment visa service quota’ from the DHA. This is a one-time requirement; if a hospital needs to expand capacity, it needs to reapply. This quota is in place to ensure that a hospital doesn’t over or under utilise its services as well as to protect the medical tourist.

“The quote is based on the medical tourism priority in terms of specialties, the market the medical tourism strategy is targeted at, and the current percentage of medical tourists that particular facility handles,” said Dr Laila.

In the next phase of the initiative, specialised clinics, spas and wellness centres will be invited to avail of the medical tourism visa provision, she added.

In a media statement, Major Jasim Ali Rashid Ahli, director of the Entry Permit Department at the GDRFA, said, that this type of visa has been in place since 2008 and issued to hospitals that sponsor patients and their accompanying family members. The patient needs to get a medical report attested by the UAE consulate in his or her residing country; this report needs to be submitted by the hospital along with the other documents.

Eisa Al Haj Al Maidour, director general at the DHA said that since Dubai offers excellent health care facilities, medical tourism is an extension of the hospitality that the emirate is synonymous with.

Marwan Abedin, chief executive officer of Dubai Healthcare City (DHCC) added: “This project is of vital importance to the overall health sector in Dubai as all relevant stakeholders including immigration, the aviation industry, the hospitality sector, public and private hospitals are coming together to position Dubai as a medical tourism destination.

UAE set to have its first anti-corruption law to end financial malpractices and corruption

The UAE is set to have its first anti-corruption law as the second largest Arab economy is pushing ahead with plans to become more transparent and end financial malpractices and other offences related to corruption.

The state Audit Bureau will enact the Gulf country’s first anti-corruption law as per instruction by President His Highness Sheikh Khalifa bin Zayed Al Nahyan to fulfill the country’s commitment to UN charter on corruption.

“The Bureau will draw up an anti-corruption law and we urge all competent departments to join hands to ensure this law will see light and is implemented successfully,” the Bureau’s chairman, Hareb bin Saeed Al Amimi, said.

“This law will greatly support the UAE’s efforts to fight corruption and related offences, protect public funds and better utilize national resources for comprehensive development,” he told the semi-official daily Alittihad.

The Bureau is currently the UAE’s sole anti-corruption authority. Created by late President Sheikh Zayed bin Sultan Al Nahyan, it has played a major role in safeguarding public funds and curbing financial malpractices.The Bureau has recorded many cases involving misappropriation of federal finds since it was set up in the 1990s and has succeeded in recovering large sums of money wasted by some departments although it had not reported any arrests.But in a recent statement, the Bureau said it had detected more illegal financial operations at federal offices and informed the attorney general about such offences and those involved so they can be prosecuted.

“Over the past year, we have uncovered some financial abuses related to corruption and misappropriation of funds at federal level….several employees are involved in such operations and they are have been referred to the public prosecutor,” Amimi said in press remarks in 2011.

“We are pursuing our monitoring assignment at the instructions and with the support of the supreme authorities…we will exert strenuous efforts to preserve the public funds in line with the intensified measures undertaken by the UAE to combat all forms of corruption and other financial offences.”

In another statement earlier, the Bureau said it had unveiled major fiscal offences at federal government establishments involving nearly Dh300 million in fiscal year 2007-2008  but said all the funds had been recovered. It said many civil servants were involved in what it described as illegal financial practices.Officials said recently cases involving abuse of public funds have sharply declined thanks to intensified auditing and anti-corruption measures.

As a result, the UAE has been classified by several global rating and research organization as having one of the lowest corruption rates in the developing world. Other Gulf oil produces have taken measures to set up the war against corruption following the 2008 global fiscal distress.Saudi Arabia, the largest Arab economy and the world’s oil powerhouse, announced last year the establishment of an anti-corruption body on orders by King Abdullah following reports of widespread financial offences.

Other Gulf countries said they were taking steps to widen anti-corruption measures and boost transparency at public departments.“The instructions by the President to issue the anti-corruption law illustrate the leadership’s keenness to combat financial malpractices, which are alien to our society and to curb any practices that violate Islamic law,” Amimi said.ends

UAE Close to finalising Federal Bankruptcy Law – Justice Minister Hadef bin Juan

The United Arab Emirates is close to finalising an updated federal bankruptcy law and a draft of the legislation should be ready by the end of this year, Justice Minister Hadef bin Juan al-Dhaheri said on Monday.

The draft, which has been in the works since 2009, should enable both listed and family-owned companies in the UAE to be rescued rather than having to go through lengthy bankruptcy or liquidation proceedings.

"The ministry is studying a set of laws," Dhaheri told a conference on financial restructuring and bankruptcy in Dubai.

"Among them is a federal law on foreign investment, another one on SMEs (small and medium-sized enterprises) and also another law on arbitration in commercial transactions and another one on bankruptcy and restructuring," he said.

Asked whether the government was going to clear the long-awaited bankruptcy legislation this year, Dhaheri later told reporters: "Hopefully, God willing."

Dubai's debt crisis in 2009-2010 put company restructuring firmly in focus for both the government and investors. However, existing federal bankruptcy laws remain untested in UAE courts as distressed companies prefer to settle creditor claims privately because the existing legislation is opaque and complex.

In 2009, Dubai, one of seven UAE members, issued a special decree to deal with a $25 billion debt restructuring at its flagship conglomerate Dubai World.

Dhaheri also said another draft, on foreign investment, was still being discussed by the ministry's legal committee but declined to give details and timing: "I can't give a framework for it."

The new UAE bankruptcy law may ease debt restructurings with greater provision for out-of-court negotiations and the government hopes it would help attract more foreign investors.

In addition, it contains provisions that can force a minority of creditors to accept a restructuring agreement if it is acceptable to the majority, a process known as a cramdown.

However, it will still be difficult to seize assets - even if they are pledged as collateral - since land ownership in the UAE is on the whole restricted to citizens, with some provisions for nationals of other countries in the Gulf Cooperation Council.

So international banks involved in a state-linked corporate restructuring would not be able to take control of assets and sell them on to realise their dues, as would happen in the West.

The new law will not apply to government entities or entities operating in a financial free zone such as the Dubai International Financial Centre, which has its own insolvency laws, experts have said.

It takes just over five years to resolve insolvency in the UAE, one of the world's top five oil exporters, with a recovery rate of only 11 cents on the dollar, which puts the country at 151st place globally, according to a World Bank survey. (Reporting by Martin Dokoupil and David French; Editing by Susan Fenton)