Imprisonment and a fine of 500,000 dirhams for violators
"NBK" approves the "Donations Regulation" bill
Al-Watani refused a written response from the government to answer two questions.
From the source
Buhumaid during the discussion of a federal bill on donations.
From the source
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Yesterday, the Federal National Council, chaired by Parliament Speaker Saqr Ghobash, approved a draft federal law in the matter of organizing donations, which included penalties for violating its provisions, ranging between imprisonment and a fine from 100 thousand dirhams to 500 thousand dirhams, with the confiscation of donations collected in violation of the provisions of this The law, and deporting the foreigner after implementing the sentence imposed on him.
According to the draft law, it is not permissible for any party to call itself a "charitable or humanitarian" association, body, or institution, or to use or deal with this name in any way except under the classification certificate, with the exception of those that stipulate laws, decrees, or Its creation decisions are based on these labels.
The session saw two official messages sent to the government, the first regarding “the council’s recommendations regarding the issue of the Ministry of Education’s policy in the matter of supervising schools, and the second about approving the government's request to withdraw a draft federal law on cooperatives”, while the members viewed a letter received from the Minister of Health and Prevention Society, Minister of State for Federal National Council Affairs, Abdul-Rahman Muhammad Al-Owais, regarding the Council’s request to approve the discussion of the Federal Electricity and Water Authority’s strategy for developing electricity and water services for the public, which included the failure to approve the request for reasons related to the Authority’s transformation into an investment company.
In the item of parliamentary questions, the government’s response to three parliamentary questions that were on the agenda was postponed, among them two questions from the Minister of Human Resources and Emiratisation, Nasser bin Thani Al-Hamli, one of them from the First Vice President of the Council, Hamad Ahmed Al-Rahumi, about “establishing management centers”. And the second from the member Shatha Saeed Al-Naqbi, on “the ministry’s measures to reduce the phenomenon of work during the deprivation period”, for the refusal of the two council members, asking the two questions, to consider the written response of the minister.
Consideration of the third question directed by Adnan Hamad Al Hammadi to the Minister of Health and Community Protection, Minister of State for Federal National Council Affairs, Abdul Rahman bin Muhammad Al Owais, regarding the condition of professional players residing in sports clubs, was also postponed due to the member submitting the question’s apology for not attending the session. The minister postponed the response to a later session.
During its session, the Council began discussing a draft federal law in the matter of fundraising, in the presence of Minister of Community Development Hessa Bint Issa Buhumaid, by approving the report of the Social Affairs, Labor, Population and Human Resources Committee of the Council regarding the draft law, which included changing the name of the draft law coming from the government into a draft law Federal in the matter of organizing donations, for reasons attributed by the committee to the fact that the draft law is primarily concerned with organizing donations to create an attractive environment for donation, and to ensure the sustainability of charitable work, by achieving a set of goals, including the procedural organization of collecting and submitting donations, protecting donors' funds, and creating a local environment Attractive to donation, by identifying the tools and means that ensure control over the collection and submission of donations.
The report emphasized that the draft law also aims to strengthen coordination between federal and local authorities in the state, especially since the draft law is one of the areas that the federation is competent to legislate and the local emirates in implementation, concluding that nine articles have been introduced to the draft law, bringing the number of its articles to 43 articles.
According to the draft law, donations may not be received, presented or transferred to any person or entity outside the country, except in accordance with the controls and procedures specified by the executive regulations of this law, provided that the controls and procedures include means of proving the donation of donations to the beneficiaries or their spending for the purposes specified for them, as well as Banks and financial institutions in the state are not permitted to conduct any financial transfers outside the country through bank accounts for donations except in accordance with the controls and procedures specified by the concerned authorities in the state.
According to the draft law, it is not permissible for any party to call itself an association, organization, or charitable or humanitarian institution, or to use or deal with this name in any way except under the classification certificate, with the exception of those that stipulate laws, decrees, or decisions of their establishment On it.
The nine articles created by the council related to the objectives of the law, the efficiency and evaluation system, administrative and operational expenditures, the achievement of the humanitarian, security and control dimensions, the regulation of cases of change of the beneficiary or the purpose of the donation in case of necessity, the prohibitions, the obligations of charities, the procedures for granting the permit and the term of expiry.
The draft law stated that it is forbidden for a natural person to collect donations, with the exception of authorized entities, and it is not permissible for any body to establish, organize or perform any act with the aim of collecting donations except after obtaining a permit to do so from the competent authority, explaining that the procedures for granting a permit include submitting a permit application to the authority The competent authority according to the form prepared with it, while the executive regulations of this law specify the necessary procedures for submitting it, and the controls for implementing this article.
According to the draft law, the competent authority studies the permit application and issues a decision approving or rejecting it within 20 working days from the date of its submission, fulfilling all the requirements for obtaining it, and missing this period without a response is considered a rejection of the application, and no party may be granted more than four permits. During one year, except by a decision of the head of the competent authority, the executive regulations of this law specify the means for collecting and submitting donations.
The draft law also indicated that the executive regulations of this law define the rules and controls for disposing, closing bank accounts in which donations collected in contravention of the provisions of this law or the decisions issued in implementation thereof are deposited, and the mechanism for dealing with these donations.
According to the unified electronic record article, a unified electronic record shall be established at the Ministry, in which all data and information related to donors, the outcome of collecting donations, disbursements, beneficiaries, data and other information specified by the executive regulations of this law, as well as local authorities, licensees and authorized entities are recorded. Recording donations data and information in this register in accordance with the controls and procedures specified by the executive regulations of this law.
The draft law permits the conversion of in-kind donations into cash whenever necessary, after obtaining the approval of the competent authority, provided that the competent authority supervises the transfer process, in accordance with the controls and procedures specified by the executive regulations of this law, and the licensed parties and the authorized parties are obligated to set the guarantee systems. To obtain data and information on donors and beneficiaries, in accordance with what is specified by the executive regulations of this law.
According to the supervision and control article, the licensed and authorized entities are subject to the supervision and control of the competent authority in terms of financial and administrative aspects related to donations, without prejudice to the powers of other government supervisory authorities, and the licensed and authorized entities must provide the competent authority with any data, information, or documents that they are required to provide. It is also not permissible for the authorized parties to publish or broadcast publicity or advertising to collect donations without obtaining the approval of the competent authority.
The draft law also permitted grievance against any of the decisions issued by the competent authority in implementation of the provisions of this law within a period not exceeding 15 working days from the date of knowledge of it, and that before a committee formed for this purpose by a decision of the head of the competent authority, and the committee must decide on the grievance within 15 working days From the date the grievance was filed to it, and the decision issued regarding the grievance shall be final, and the complainant shall be notified of it.
Harsh penalties
The draft law specified heavier penalties for violators of its articles, most notably imprisonment and a fine of not less than 200 thousand dirhams and not more than 500 thousand dirhams, or one of these two penalties, for anyone who violates the provisions of Clause (1) of Article (13) and Article (20) of this law The penalty is doubled in the case of recidivism, as well as imprisonment and a fine not less than 150 thousand dirhams and not more than 300 thousand dirhams, or one of these two penalties, whoever violates any of the provisions of Articles (6, 12, 14, 17, 21, 26, 31), or use the donation funds for purposes other than those for which they were accepted or collected for them, and the penalty is doubled in the case of recurrence, and a fine not exceeding 100 thousand dirhams shall be imposed on anyone who violates the provisions of Article (16) of the articles of this law, and in all cases shall be governed. The court shall confiscate the donations that were collected in violation of the provisions of this law, and deport the foreigner after the execution of the sentence imposed on him.
According to the draft law, the person responsible for the actual management of the licensed party or the authorized entity shall be punished by the same penalty prescribed for acts committed in violation of the provisions of this law, whenever it is proven that he is aware of them or if his breach of the related duties imposed by that administration has contributed to the occurrence of the crime.
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Donations may not be received, presented or transferred outside the country except in accordance with regulations.
It is prohibited for a natural person to collect donations, except for the authorized parties.
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