1. For the purposes of Clause (2) of Article (9) of the Decree by Law, Undertakings wishing to obtain an exemption for their Agreements or practices from the application of Articles (5), (6), (7), and (8) of the Decree by Law shall attach to the notification submitted to the Ministry, the Concerned Authority, or the Sectoral Regulatory Authority, as the case may be, the following documents: a. A copy of the Agreements for which exemption is sought, or a written description of the practices for which exemption is sought, as the case may be. b. A detailed written description of the products or services related to the Agreements or practices. c. The memorandum of association or articles of association of the concerned Undertaking. d. A copy of the business license of the concerned Undertaking. e. The audited financial statements of the concerned Undertaking for the last three (3) financial years preceding the date of submission of the application. f. Identification of the headquarters and existing and future branches of the concerned Undertaking within the State, if any. g. A written report on the economic dimensions of the exemption application, including a study of the Relevant Market affected by the Agreements or practices forming the subject matter of the exemption application, with particular reference to their positive effects on the market. h. A detailed report establishing that the Agreements or practices forming the subject matter of the exemption application are necessary to promote economic development, improve the Undertaking's performance and competitiveness, enhance production or distribution systems, or achieve specific benefits for consumers. i. The total sales of the concerned Undertaking in the Relevant Market(s) within the State during the last three (3) financial years preceding the date of submission of the application. j. A statement setting out the names of the shareholders or partners of the concerned Undertaking, as the case may be, together with the percentage of their shares or stakes. k. A list of the names of the members of the board of directors, board of managers, or manager, as the case may be. 2. For the purposes of Clause (5) of Article (9) of the Decree by Law, the controls governing exemption notifications shall be as follows: a. The notification and the documents attached thereto shall be submitted to the Ministry or the Concerned Authority, as the case may be, by the concerned Undertaking, signed by its legal representatives pursuant to a duly authenticated special power of attorney, and accompanied by proof of payment of the fees relating to the exemption application, if any. b. Where the practices or Agreements that are the subject matter of the exemption application involve more than one Undertaking, one Undertaking may submit the notification on behalf of the other concerned Undertakings, provided that it is duly authorized thereby in accordance with the controls stipulated in Paragraph (a) of this Clause. c. The notification may be submitted by electronic mail or through any other means specified by the Ministry or the Concerned Authority, as the case may be. d. The notification shall be submitted in either Arabic or English. The data and documents attached thereto shall be submitted in the language in which they were originally prepared, together with a translation into English or Arabic where they have been prepared in another language. e. Undertakings wishing the data contained in the notification and documents to be treated as confidential information shall mark such data and documents as “Confidential” and shall submit non-confidential summaries sufficient to enable an adequate understanding of the content of the confidential information, which shall be marked “Non-Confidential”. f. The concerned Undertaking shall submit a written undertaking not to engage in the practices or Agreements that are the subject matter of the exemption application until the issuance of the reasoned decision by the Minister, based on the recommendation of the Committee, in accordance with Article (10) and Clause (4) of Article (17) of the Decree by Law.
Interpretation and application must be checked against the official text and current version.