"NBK" approves a bill to appoint deputy heads for the "Central Bank"

Two years in prison and one million dirhams penalty for "unauthorized" certificates

Al-Watani, during its session held yesterday under the chairmanship of Parliament Speaker Saqr Ghobash,> Al-Watani approved 3 draft federal laws in its session yesterday.

From the source

The Federal National Council approved, during its session held yesterday, three draft federal laws: the first amending some provisions of Federal Law No. (14) of 2018 in the matter of the Central Bank and the organization of financial facilities and activities, which allowed the appointment of one or more representatives to the Chairman of the Board of Directors of the Central Bank, And the second in the matter of prohibiting the use of scientific certificates issued by unlicensed bodies, which included heavy penalties against users and promoters of scientific degrees not issued by bodies not licensed by the state, up to a maximum of two years imprisonment and the fine of one million dirhams.

The Council approved a federal bill to amend some provisions of Federal Decree-Law No. (14) of 2018 in the matter of the Central Bank and the organization of financial facilities and activities, after controversy and discussion that took a long time, on one of the items mentioned in its fourth article, despite the fact that the amendments contained in the draft law did not exceed Three subjects.

According to the report of the Financial, Economic and Industrial Affairs Committee, the draft law was received from the government for urgent consideration, pointing out that the committee concluded that the draft law aims to amend the provisions of the Board of Directors of the Central Bank, by naming one or more deputies to the Chairman of the Board from among the members of the Board of Directors in Federal decree, and giving the Chairman of the Board of Directors the authority to issue a decision specifying the tasks of his deputies.

He pointed out that the draft law worked to achieve these goals through three articles: The first is Article (10) and stipulates that “The Central Bank shall be managed by a Board of Directors composed of seven members, including the Chairman and the Governor,” and the second Article (11), stipulates that That «the members of the Board of Directors are appointed by a federal decree based on the recommendation of the Council of Ministers for a period of four years, renewable for other similar periods. The decree designates from among the members of the Board of Directors one or more deputies to the Chairman of the Board, provided that each of the Chairman of the Board of Directors and his deputies and the Governor are at the rank of Minister. The Board of Directors makes a decision with the powers of its deputies, in addition to that, subject to the provisions of Clause (3) of this Article, the Vice-Chairman of the Board of Directors shall replace the Chairman of the Board of Directors in the event of his absence or vacancy in his position, and the Governor shall also replace the Chairman of the Board of Directors and his deputies in the event of their absence or vacancy. Positions together ».

Article 22 stipulates that “a meeting of the board of directors is not valid unless it is attended by at least five members, including the chairman of the board of directors, one of his deputies, or the governor. The decisions of the board of directors shall be issued by the majority of the votes of the attendees.

The Council also approved a draft federal law regarding the prohibition of the use of scientific certificates issued by unlicensed bodies, after changing its name from the government, which is a “federal bill banning the use of fake certificates”, for a reason that the Council attributed to the term “fake” is a term Uncontrolled legally, and therefore must be changed.

The Council approved the report of the Education, Culture, Youth, Sports and Media Affairs Committee regarding the draft law, which included a proposal for the necessity of establishing a specialized governmental body entrusted with the tasks of determining whether the scientific and academic certificates are issued by competent authorities and are actually present, pointing out that the committee has introduced a new material within the texts The draft law aims to reconcile the conditions of those who joined work before this law came into effect by virtue of a certificate that did not fulfill some of the conditions stipulated in the law, and at the same time giving the respondents of the provisions of this law before its application to them, an opportunity to inform them, and then make it work six months after the date of its publication.

According to the report, which was adopted by the Council, the committee worked to classify and individualize the penalties so that this crime is punished in some cases in which it is difficult to prove the existence of the criminal intent of the perpetrator of this crime, until the door is closed to cases of attempted impunity under the pretext that the holder of the certificate is not aware that it was issued. On behalf of an entity not authorized to issue such a certificate.

The draft law aims to counter the exploitation of academic certificates issued by an unlicensed party and their use for appointment to jobs in government or private entities.

The committee explained that the justification for the project is the spread of the phenomenon of educational certificates from unlicensed bodies in many countries of the world, and thus the urgent need for an organized legislation to protect society from them.

The draft law included a list of penal sanctions against violators of its provisions, including imprisonment for a period not exceeding three months and a fine not exceeding 30 thousand dirhams, or one of these two penalties for anyone who commits one of three errors: The first of which is the presentation of an academic certificate issued by an entity not authorized to obtain On the approval of the competent authority in accordance with Article (4) of this law, and the second is to submit an academic certificate issued by an unlicensed party to obtain any work or seek its use on a permanent or temporary basis in an employer in the country, while the last act is the publication of an academic certificate issued by an entity It is not licensed by any means of publishing.

According to the draft law, a penalty of imprisonment for a period not exceeding two years and a fine of less than 500 thousand dirhams and not more than one million dirhams, or one of these two penalties, shall be imposed on anyone who intentionally issues or participates in any means in the issuance of an academic certificate on behalf of an unauthorized entity, advertisement or promotion of Any unauthorized body that issues these certificates from inside or outside the country, provided that the court in all cases decides to remove all benefits obtained by the convict with any penalty stipulated in this law, without prejudice to the right of the party from which he benefited to demand the return of what happened Unjustly.

The Council created an article in the draft federal law regarding prohibiting the use of scientific certificates issued by unlicensed bodies, entitled “Correcting Conditions” stating that “the Council of Ministers shall issue any decisions to address conditions resulting from the use of scientific certificates issued by unlicensed bodies prior to the implementation of this law. ».

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