Corresponding
to 9 Rabi’ Al-Akhar 1427 H
ON
THE POPULATION REGISTER AND IDENTITY CARD
Federal
Law no. 9/2015 dated 3/11/2015
Federal
Decree-Law no. 3/2017 dated 27/07/2017
Federal
Decree-Law No. 12 dated 29/08/2019
We,
Zayed Bin Sultan Al Nahyan, President of the United Arab Emirates State,
Pursuant to the perusal of the Constitution; and
The
Federal Law no. (1) of 1972 regarding the jurisdictions of the Ministries and
the competences of the Ministers, and the amending laws thereof; and
The
Federal Law no. (17) of 1972 regarding the Nationality and Passports and the
amending laws thereof; and
The
Federal Law no. (6) of 1973 regarding the Entry and the Residence of Foreigners
and the
amending
laws thereof; and
The
Federal Law no. (6) of 1975 regarding the Regulation of Births and Deaths
Registers, and the amending laws thereof; and
The
Federal Law no. (7) of 1976 regarding the Establishment of the State Audit
Institution, and the amending laws thereof; and
The
Federal Law no. (8) of 1980 regarding the Regulation of Labor Relations, and the
amending laws thereof; and
The
Federal Law no. (3) of 1982 on the General Information Authority, and the
amending laws thereof; and The Criminal Law promulgated by virtue of Federal Law
no. (3) of 1987; and
Criminal
Procedure Law promulgated by Federal Law No. (35) of 1992; and
The
Federal Law no. (21) of 2001 regarding the Civil Service in the Federal
Government, and the amending laws thereof; and
The
Federal Law no. (2) of 2004 regarding the Establishment of the Federal Authority
for Identity and Citizenship; and Acting upon the proposal of the Minister of
Interior, the consent of Cabinet, and the approval of the Federal Supreme
Council,
Have
promulgated the following Law:
Article
1- Definitions
In
the implementation of the provisions hereof, the following terms and phrases
shall have the meanings assigned for each of them unless the context requires
otherwise:
State:
The United Arab Emirates State.
Authority:
Federal Authority for Identity and Citizenship.
Board:
The Board of Managers of the Authority.
Chairman:
The Chairman of the Board of Directors.
Director-General:
The Director-General of the Authority.
Pertinent
Parties: Local and federal governmental authorities and other parties determined
by virtue of a Cabinet decision upon the proposal of the Chairman.
Population
Register: The register of population in the State, including personal data and
civil facts.
Personal
Data: Data that distinguish each individual including: all types of
fingerprints, blood type, name and date of change if any, address and residence,
date and place of birth, gender, religion, nationality, residence for
non-nationals, social status, registration numbers of parents, spouse or
children, education and specialization, profession or job, job location and any
other data determined by the Board upon a proposal of Director-General.
Civil
facts: The elements of civil status of the individual related to the following:
birth, marriage, divorce, nationality, residence, death and any other facts
determined by the Board upon the proposal of the Director-General.
Collected
Statistics: The total figures of one or more statements of population registered
in the records of the Authority from which social, economic, security or
cultural indicators or others can be extracted
Card:
Identity Card issued in conformity with the provisions of the present Law.
Identity
Number: Standard number set forth in the said Federal Decree-Law no. (2) of
2004
.
THE
ESTABLISHMENT OF THE REGISTER AND THE REGISTRATION THEREIN
A
Population Register shall be established within the State in order to register
the personal data and the civil facts for nationals, non-nationals and residents
therein.
Other
registers may be established by virtue of a decision of the Board upon the
proposal of the Director-General.
The
personal data and civil facts of individuals shall be registered in the
population register in conformity with the decision of the Board upon the
proposal of the Director-General.
Each
national and non-national residing in the State and registered in the population
register shall have a fixed number called identity number.
All
pertinent parties must record said number in formalities, registers and files of
individuals and must use it to organize and store such formalities, registers
and files, without prejudice to the means of organization and storage adopted by
such parties.
The
text of Article 4 was replaced by virtue of Article 1 of Federal Decree-Law No.
12 dated 29/08/2019, to read as follows:
1-
The individual comprised by the provisions of this Law shall apply to register
themselves in the Population Register System on the dates and within the phases
specified by decision of the Board.
2-
The registration request shall be submitted by the concerned person or by his
representative or as determined by the Board.
The
pertinent parties, each within the jurisdictions thereof, must notify the
Authority regarding incoming personal data, civil facts, any change or
modification in such data or facts, and such in dates and in conformity with the
procedures determined by virtue of a Board decision upon the proposal of the
Director-General.
Subject
to the provision of the first paragraph of Article (4) herein, individuals
registered in the population register shall commit to the notification of the
Authority regarding any change or amendment in personal data or civil facts
related thereto, and such within the date and in conformity with the procedures
determined by the Board upon the proposal of the Director-General. The person
receiving the notification must give the notifying person a statement thereof
after having verified the identity thereof.
In
all cases, the notification shall only be carried out by the pertinent person or
the representative thereof in accordance with the Board decisions upon the
proposal of the Director-General.
The
Authority may request from individual and private juridical persons included in
the provisions hereof to give whatever data or information they have related
thereto whenever such is deemed necessary for the population register system or
any other registers of the Authority. The procedures and dates thereof shall be
determined by virtue of a decision issued by the Chairman subsequent to the
approval of the Board.
Embassies and consulates of the State abroad shall notify the Authority of the
personal data and civil facts, or any modifications thereto sent by nationals
residing within the scope of jurisdictions thereof.
The
Authority shall issue for every individual registered in the population register
a card called Identity Card.
Subject
to the provisions of Article (4) herein, the extraction of the card must occur
for every person having reached the age of fifteen, and such within six months
from the date of the reach of the said age.
A
specimen of the card, the data included therein, the procedures of obtainment
thereof, and the date of renewal thereof shall be determined by virtue of a
Board decision upon the proposal of the Director-General.
The
verification of the identity shall be made exclusively by virtue of the said
card in accordance with Cabinet decisions.
Article
10 was replaced by virtue of Article (1) of Federal Law no. 9/2015 dated
3/11/2015, to read as follows:
Subject
to the provisions of Article (9) herein, and except for the emergency cases
determined by the Board of Directors based on the proposal of the
Director-General, the admission, employment or retention of any person, in the
capacity of employee, servant, worker, or student or any other capacity shall be
prohibited unless he holds the card.
The
date of enforcement of such prohibition and the mechanism by virtue of which it
is applied, shall be determined by a decision of the Board at the proposal of
the Director-General and shall be published in the Official Gazette.
The
card holder must notify the Authority in the event of loss or destruction
thereof or change in the data included therein, and such during the dates and in
conformity with the procedures determined by virtue of a Board decision upon the
proposal of the Director-General.
Each
individual may obtain a symbolic copy of the personal data related thereto, or
to the predecessors, successors or spouses thereof. The householder – as
well – may extract such data with regards to the individuals registered
thereby in accordance with the provisions of paragraph 2 of Article (4)
hereof.
Such
data may not be granted to persons other than the ones mentioned in the
preceding paragraph, unless by virtue of a private power of attorney granted by
the concerned person, provided that such power of attorney is authenticated by
virtue of the set rules.
Without
prejudice to the provisions of Article (12) hereof, the pertinent authorities
may obtain from the Authority an official copy of the data registered in the
population register should it be necessary for the performance of the
jurisdictions thereof, and within the scope of such jurisdictions, and such in
accordance with the Implementing Regulation hereof.
The
Director-General, in conformity with the rules set by the Board, may give
comprehensive statistical data for the purposes of scientific research and
social and population studies. Whoever wishes to receive such data shall submit
an application on the form set by the Authority, and enclose therewith the
documents determined by the Board. The Director-General shall be entitled to
reject the application, and notify the applicant thereof in writing after having
verified the validity of the data for the purpose for which they are requested,
and fulfilled any other conditions deemed necessary by the Board.
The
decision of rejection may be grieved against within the dates and in accordance
with the procedures determined by the Board, upon the proposal of the
Director-General. The decision of the Chairman issued with regards to the
grievance issue shall be final.
Whoever
obtains information by virtue of Articles (13) and (14) hereof, shall be
prohibited to use such information for purposed other than the ones based on
which the Authority agreed to grant such information thereto. He shall commit to
the conditions under which such information were granted thereto.
Without
prejudice to the sanction determined in Article (18) herein, the Authority may
not grant the violator the data requested thereby in the future and such for the
period determined by the Authority.
Article
(16) was replaced by virtue of Article (1) of Federal Law no. 9/2015 dated
3/11/2015, to read as follows:
The
Council of Ministers shall issue, based on the proposal of the Board, a decision
determining the fine penalties imposed by the Authority on whomever breaches the
provisions of Articles (6) and (10) of this Law, which shall not exceed AED one
thousand. The fine shall be multiplied according to the number of persons in
whose respect the violation occurred.
Whoever
breaches the provisions of Article (7) hereof shall be sentenced to fine
amounting to AED 5.000 at most.
Without
prejudice to any severer sanction provided for in any other law, whoever gives
incorrect data to the population register system shall be sentenced to
imprisonment for a period not exceeding six months, and to a fine amounting to
AED 5.000 at most, or to either sanctions.
Without
prejudice to any severer sanction provided for in any other law, whoever
breaches – with ill faith – Articles (14) and (15) hereof shall be
sentenced to imprisonment for a period not exceeding six months, and to a fine
amounting to AED 5.000 at most, or to either sanctions.
The
perpetration by the representatives of the juridical person, managers, agents,
or members of the board of directors thereof of a breach to the provisions of
Articles (14) and (15) hereof shall be deemed aggravating circumstances.
Should
the persons mentioned in the preceding paragraph be convicted, the court may
order to stop the juridical person to whom the convict pertains from exercising
the activities thereof for a period determined thereby should the breach be made
in its name or in the interest thereof.
Without
prejudice to any severer sanction provided for in any other law, whoever reveals
a secret of work, data of the population register or any of the collected data,
information or statistics registered in the Authority that he learns by virtue
of the work thereof, shall be sentenced to imprisonment for a period of three
months at least and three years at most.
The
population register and the identity card system shall be implemented in
accordance with the phases set by the Board upon the proposal of the
Director-General.
The
samples related to the implementation of the provisions hereof shall be
determined by virtue of a Board decision upon the proposal of the
Director-General.
The
fees of the procedures related to the implementation of the provisions hereof
shall be determined by virtue of a Cabinet decision upon the proposal of the
Board.
By
virtue of a Cabinet decision upon the proposal of the Board, a national
committee may be formed to review the personal data prior to registration
thereof in the population register or any other register of the Authority. The
decision promulgated regarding the formation of the committee and the
implementing regulation thereof shall determine the work procedures
thereof.
The
implementing regulation hereof shall determine the rectification procedures of
the personal data and civil facts already registered in the population register
system.
The
data recorded on the card, in the population register and other registers of the
Authority, certifications and official copies thereof shall be considered as
proof of what is mentioned therein unless contrary data, nullity or
falsification thereof is proven by virtue of a judicial judgment.
The
Chairman may commission the Vice-Chairman to carry out certain jurisdictions
determined thereto by virtue of the present law. The Vice-Chairman shall replace
the Chairman in the event of the absence of the latter.
The
Minister of Justice, with the consent of the Chairman, shall issue a decision to
grant certain employees of the Authority the capacity of judicial investigation
officers to prove the violations of the provisions of the present law and the
decisions issued in execution thereof, and such within the area of jurisdiction
of each thereof.
The
Chairman shall issue the implementing regulation hereof subsequent to the
approval of the Board.
Every
provision contravening or contradicting with the provisions hereof shall be
abrogated.
The
present law shall be published in the Official Gazette, and shall come into
force as of the date of publication thereof.
Promulgated
in Presidential
Palace in Abu Dhabi
On 9 Rabi' Al-Akhar 1427
H
Corresponding to 7/05/2006
Khalifa Bin
Zayed Al Nahyan
President of the
United Arab Emirates State
The present Federal Law has been published
in the Official Gazette, issue no.447 p. 27.