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Anti-Commercial Fraud Executive Regulationarticles 1–25

  1. Article 1 — Article (1) Definitions

    The definitions set forth in Federal Decree by Law No. (42) of 2023 Regarding Combating Commercial Fraud shall apply to this Resolution. Unless the context requires otherwise, the following terms and expressions shall ha

  2. Article 2 — Article (2) Coordination Between the Ministry and the Competent Authority

    1. The Competent Authority shall exercise the powers relating to the withdrawal of Fraudulent, Corrupt, or Counterfeit Goods and the disposal or Destruction thereof, or their return to their source, in accordance with th

  3. Article 3 — Article (3) Judicial Enforcement Procedures in Respect of Suspected Goods

    Where necessary, or where there are reasonable grounds to believe that Fraudulent, Corrupt, or Counterfeit Goods exist, the judicial enforcement officer shall take the following measures: 1. Enter commercial premises, wa

  4. Article 4 — Article (4) Report of Seizure, Detention, and Release of Fraudulent, Corrupt, or Counterfeit Goods

    1. The judicial enforcement officer shall prepare a report in any of the following cases: a. The seizure or detention of Fraudulent, Corrupt, or Counterfeit Goods, or the taking of samples therefrom. b. The release of se

  5. Article 5 — Article (5) Withdrawal of Fraudulent, Corrupt, or Counterfeit Goods

    Without prejudice to Clause (1) of Article (5) of the Decree by Law, where the Ministry or the Competent Authority, as the case may be, establishes the existence of Fraudulent, Corrupt, or Counterfeit Goods and decides t

  6. Article 6 — Article (6) Announcement of the Withdrawal of Fraudulent, Corrupt, or Counterfeit Goods

    1. The Supplier shall announce the withdrawal of the Fraudulent, Corrupt, or Counterfeit Goods through such advertising media as may be determined by the Ministry or the Competent Authority, as the case may be, including

  7. Article 7 — Article (7) Report on the Withdrawal of Fraudulent, Corrupt, or Counterfeit Goods

    1. The Supplier shall submit to the Ministry or the Competent Authority, as the case may be, a report on the procedures undertaken for the withdrawal of the Fraudulent, Corrupt, or Counterfeit Goods within five (5) worki

  8. Article 8 — Article (8) Failure of the Supplier to Withdraw Fraudulent, Corrupt, or Counterfeit Goods

    Where the Supplier fails to withdraw the Fraudulent, Corrupt, or Counterfeit Goods within the period prescribed in Clause (1) of Article (5) of this Resolution, the Ministry or the Competent Authority, as the case may be

  9. Article 9 — Article (9) Withdrawal of Fraudulent, Corrupt, or Counterfeit Goods by the Ministry or the Competent Authority

    Where the Ministry or the Competent Authority, as the case may be, is unable to reach or notify the Supplier in accordance with the provisions of this Resolution, it may, within a period not exceeding forty-eight (48) ho

  10. Article 10 — Article (10) Application of Administrative Penalties

    Articles (8) and (9) of this Resolution shall not preclude the application against the Supplier of the administrative penalties prescribed under the Schedule of Administrative Penalties referred to in Article (15) of the

  11. Article 11 — Article (11) Consideration of Applications for the Use, Recycling, or Destruction of Fraudulent, Corrupt, or Counterfeit Goods

    The Supreme Committee shall consider applications for the use, Recycling of Goods, or Destruction of Fraudulent, Corrupt, or Counterfeit Goods prior to referring the matter to the Competent Court. The Competent Court sha

  12. Article 12 — Article (12) Disposition of Fraudulent, Corrupt, or Counterfeit Goods

    Without prejudice to Clause (1) of Article (5) of the Decree by Law, the Ministry or the Competent Authority, as the case may be, may dispose of Fraudulent, Corrupt, or Counterfeit Goods through their use or Recycling of

  13. Article 13 — Article (13) Use of Fraudulent, Corrupt, or Counterfeit Goods

    1. Where the Ministry or the Competent Authority, as the case may be, wishes to use Fraudulent, Corrupt, or Counterfeit Goods in respect of which the Competent Court has rendered a judgment or the Supreme Committee has i

  14. Article 14 — Article (14) Recycling of Fraudulent, Corrupt, or Counterfeit Goods

    1. Where the Ministry or the Competent Authority, as the case may be, deems it appropriate to Recycle Fraudulent, Corrupt, or Counterfeit Goods in respect of which the Competent Court has rendered a judgment or the Supre

  15. Article 15 — Article (15) Return of Fraudulent, Corrupt, or Counterfeit Goods to Their Source

    1. Where the Supplier has withdrawn Fraudulent, Corrupt, or Counterfeit Goods in accordance with Paragraph (a) of Clause (1) of Article (5) of this Resolution, and no decision has been issued by the Supreme Committee nor

  16. Article 16 — Article (16) Destruction of Fraudulent, Corrupt, or Counterfeit Goods

    1. Where a judgment ordering the Destruction of Fraudulent, Corrupt, or Counterfeit Goods is rendered by the Competent Court, or a decision ordering their Destruction is issued by the Supreme Committee, as the case may b

  17. Article 17 — Article (17) Controls Governing the Destruction of Fraudulent, Corrupt, or Counterfeit Goods

    The following shall be observed in carrying out the Destruction of Fraudulent, Corrupt, or Counterfeit Goods: 1. A judgment ordering Destruction shall have been rendered by the Competent Court, or a decision ordering Des

  18. Article 18 — Article (18) Time Limit for the Destruction of Fraudulent, Corrupt, or Counterfeit Goods

    The Fraudulent, Corrupt, or Counterfeit Goods shall be Destroyed within fifteen (15) Working Days from the date of the judgment ordering their Destruction rendered by the Competent Court or the decision ordering their De

  19. Article 19 — Article (19) Record of the Destruction of Fraudulent, Corrupt, or Counterfeit Goods

    1. The task force referred to in Paragraph (a) of Clause (1) of Article (16) of this Resolution shall prepare a record of Destruction, which shall include the following: a. The date, place, and method of Destruction. b.

  20. Article 20 — Article (20) Imposition of an Administrative Fine on the Customer Having Knowledge of Commercial Fraud

    Without prejudice to any more severe penalty prescribed under the Decree by Law, the Ministry or the Competent Authority, as the case may be, may impose an administrative fine on the Customer where it is established that

  21. Article 21 — Article (21) Settlement Procedures

    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, w

  22. Article 22 — Article (22) Controls Governing Settlement

    1. The application for settlement shall be made in writing and signed by the Offender or the Offender's representative, whether submitted in hard copy or electronically, in accordance with the mechanism determined b

  23. Article 23 — Article (23) Executive Resolutions

    The Minister shall issue the resolutions necessary for the implementation of the provisions of this Resolution, in coordination with the Competent Authority.

  24. Article 24 — Article (24) Repeals

    Cabinet Resolution No. (11) of 2020 Regarding the Executive Regulations of Federal Law No. (19) of 2016 Regarding Combating Commercial Fraud is hereby repealed, as well as any provision that contradicts or conflicts with

  25. Article 25 — Article (25) Publication and Entry into Force

    This Resolution shall be published in the Official Gazette and shall enter into force thirty (30) days after the date of its publication. Mohammed bin Rashid Al Maktoum Prime Minister Issued by Us: Dated: 28 Muharram 144

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