9 oversight, security, and humanitarian articles introduced by the "Council" in the law regulating donations

"The National" allows charitable organizations to deduct funds from donations to meet their expenses

"National" during its discussion of the draft federal law on organizing donations.

From the source

The Federal National Council authorized supervisory, security, and humanitarian amendments in the draft federal law regarding the organization of donations, including the right of charitable and humanitarian societies and institutions that hold donation-collection licenses to deduct percentages from philanthropists' donation funds and direct them to the benefit of the operational and administrative expenses and expenses of these societies, provided that these are specified The percentages in the executive regulations that will be issued after the law is approved by His Highness, the President of the State.

In detail, the Federal National Council created, during its discussion of the draft federal law regarding the organization of donations, in the session held the day before yesterday, headed by the President of the Council, Saqr Ghobash, nine new articles were added to the draft law, related to achieving the humanitarian, security and oversight dimensions, and goals, A system for measuring efficiency and evaluation, administrative and operational expenditures, and regulating cases of change of the beneficiary or the purpose of the donation in case of necessity, prohibitions, obligations of charitable societies, procedures for granting the permit and the period of expiry.

The amendments made by the Council to the draft law to make the number of its articles 43 articles, included the addition of approximately 20 items to the articles of the draft, within the framework of the council’s keenness to exercise its constitutional competencies in developing legislation in accordance with the best approaches followed, and the importance of this legislation as it comes within the framework of the humanitarian approach. And the great efforts in various fields of humanitarian work and giving, on which the UAE was founded.

The first articles introduced by the Council came under the title “Objectives of the Law”, which stipulated that: “The draft law aims to organize donations and protect the funds of donors”, due to the importance of clarifying the purpose of the new draft law, as it reveals the intention of the legislator of it so that the rest of the articles of the law are considered means To achieve this goal ».

While again, the updated material carried the title "Competency Measurement and Evaluation System", and stated that: “The Ministry (Ministry of Community Development) shall, in coordination with local authorities, establish a special system for measuring the efficiency and evaluation of the authorized entities and the parties authorized to collect and submit donations”, to ensure the status of the Ministry Community development a special system for measuring the efficiency and evaluation of the entities licensed and authorized to collect and provide donations. The Council also created an article entitled “Administrative and operational expenses”, which stipulated that: “It is permissible to deduct percentages from donations collected in accordance with the provisions of this law and its executive regulations, as administrative and operational expenses. The executive regulations of this law specify the proportions of administrative and operational expenditures and the controls for implementing this article », in order to establish the right to deduct a percentage of donations as administrative and operational expenses, as well as to ensure that the executive regulations regulate the proportions of administrative and operational expenditures.

The fourth of the new articles, entitled “Change of the beneficiary or the purpose of the donation in case of necessity,” included two clauses, the first: “The authorized parties must provide the proceeds of the donations to the beneficiaries or spend them on the purposes specified in the permit,” and the second “the head of the competent authority in In the event that it is not possible to provide donations to the beneficiaries or to spend them on the purposes specified in the permit application, identifying beneficiaries or other purposes, ”while the“ prohibitions ”article created by the Council included two other clauses, stating that:“ It is prohibited for the authorized and authorized entities It may trade in the funds of donations, or engage in financial speculation, or distribute any revenues or returns to its members or employees, and commit any act during the collection, acceptance or presentation of donations that would harm public order, national security, public morals, or encourage Any sectarian, ethnic, racial, religious, or cultural disputes, or any unlawful purpose according to the legislation in force in the country.

An article entitled “Charitable Societies Obligations” was created, which included five items, as the text reads: “Charitable societies are obligated to fulfill the conditions and controls of permits, and to keep organized electronic records to record donations resulting from the permits, and to provide the authorized entities with periodic reports on the fundraising process, and to hand over to the authorities. The authorized person has the proceeds of collecting donations within a period not exceeding 30 days from the date of the expiration of the permit, in addition to any other obligations specified by the executive regulations of this law.

Another article entitled "Suspending the Permit" has also been introduced, which stipulates that: "The competent authority must suspend the fundraising permit in the event that the charitable association or the authorized party violates the conditions and controls of the permit. The executive regulations of this law specify the controls and procedures for implementing this article."

Fundraising permit

The Federal National Council added an article to the draft federal law regarding the organization of donations, titled “The End of the Permit”, which includes four clauses explaining the reasons and the date for the expiration of the fundraising permit, which are “The end of the period of the permit, the disappearance of the purpose for which it was issued, the disappearance of the legal personality of the authorized entity To her or the charitable association in charge of collecting donations, any other cases specified by the executive regulations of this law. ”An article entitled“ Organizational Decisions ”was also introduced, which stipulated that:“ The minister issues the necessary organizational decisions to implement the provisions of this law and its executive regulations ”, to give the minister the authority to issue Some organizational decisions necessary to implement the provisions of this law or its executive regulations, as well as to grant the executive authority the authority to delegate the minister in some decisions.

A special system for measuring the efficiency of the entities licensed to collect and submit donations.

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