Anti-Commercial Fraud Executive Regulation

Article 21 — Article (21) Settlement Procedures

Fines and settlement

Without prejudice to Article (22) of the Decree by Law: 1. The Offender, or the Offender's representative, shall submit an application for settlement to the Ministry or the Competent Authority, as the case may be, within ten (10) working days from the date on which the Offender is notified of the violation and the monetary fine payable in respect thereof, or from the date on which the grievance is rejected, as the case may be. 2. The Ministry or the Competent Authority, as the case may be, shall examine the application for settlement within fifteen (15) working days from the date of its submission and shall issue a reasoned decision accepting or rejecting the application. Failure to determine the application within such period shall be deemed a rejection thereof. 3. The Offender shall be notified of the decision on the application for settlement. Where the application is approved, the notification shall specify the date for signing the settlement record in respect of the violation attributed to the Offender and shall state the amount agreed to be paid in settlement, which shall be paid within five (5) working days from the date of signing the settlement record. Where the application for settlement is rejected, the prescribed administrative fine shall be imposed in accordance with the Schedule of Administrative Penalties referred to in Article (15) of the Decree by Law, without prejudice to the referral of the violation to the Competent Court. 4. The Offender may submit a grievance against the decision rejecting the settlement application to the same authority within seven (7) working days from the date on which the Offender is notified of the rejection of the settlement application. The Ministry or the Competent Authority, as the case may be, shall decide on the grievance within a period not exceeding ten (10) working days from the date of its submission. Failure to decide on the grievance within such period shall be deemed a rejection thereof. 5. Where the Offender refuses to comply with the terms of the settlement, including by failing to pay the settlement amount within the period prescribed in Clause (3) of this Article, the settlement shall be deemed not to have occurred, and the administrative fine shall be imposed in accordance with the Schedule of Administrative Penalties referred to in Article (15) of the Decree by Law, without prejudice to the referral of the violation to the Competent Court. 6. In all cases, settlement shall not have the effect of rendering the act non-violative.

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