Federal
Decree Law No. 17
Corresponding
to 28 Dhi Al-Hijjah 1440 H.
ON
WEAPONS, AMMUNITION, EXPLOSIVES, MILITARY MATERIEL AND HAZARDOUS SUBSTANCES
Federal
Decree No. 5 of 2013.
We,
Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates;
-
Pursuant to the perusal of the Constitution;
-
Federal Law No. (1) of 1972 on the Competencies of the Ministries and Powers of
The Ministers, and its amendments;
-
Federal Law No. (12) of 1976 on Police and Security Forces and the amending
laws;
-
Federal Law No. (3) of 1987 promulgating the Penal Code, and its
amendments;
-
The Criminal Procedure Law promulgated by Federal Law No. (35) of 1992, and its
amendments;
-
Federal Law No. (14) of 1995 on Fighting Narcotics and Psychotropic Substances
and its amendments;
-
Federal Law No. (24) of 1999 on the Protection and Development of the
Environment and its amendments;
-
Federal Law No. (8) of 2004 on Financial Free Zones;
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Federal Law No. (8) of 2006 on the Armed Forces;
-
Federal Law No. (37) of 2006 on Private Security Companies and its
amendments;
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Federal Law No. (40) of 2006 on the Prohibition of the Development, Production,
Storage and Use of Chemical weapons and its amendments;
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Federal Law No. (13) of 2007 on Goods Subject to Import and Export Control and
its amendments;
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Federal Law No. (6) of 2009 on Peaceful Uses of Nuclear Power;
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Federal Decree-Law No. (10) of 2009 on Military Sanctions and its
amendments;
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Federal Decree-Law No. (5) of 2013 on weapons, Ammunition, Explosives and
Military Materiel;
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Federal Decree No. (7) of 2014 on Combating Terrorist Crimes;
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Federal Law No. (8) of 2015 on the Federal Customs Authority; and Based on the
presentation of the Deputy Prime Minister and Minister of Presidential Affairs,
and the approval of the Council of Ministers,
We
hereby issue the following Decree-Law:
DEFINITIONS
AND GENERAL PROVISIONS
State:
The United Arab Emirates.
Emirate:
Any of the Emirates of the State.
Council:
The Supreme Council for National Security.
Advisor:
The National Security Advisor.
Minister:
The Minister of the Interior or the Minister of Defence, each within the scope
of his competencies, as stipulated in this Decree-Law.
The
Office: Weapons and Hazardous Substances Office.
Concerned
Entities: All federal and local government agencies concerned with weapons,
ammunition, explosives, military materiel and hazardous substances in the State
and any other relevant authority determined by a decision of the Advisor.
Licensing
Authority: The authority that the Competent Minister authorises to issue
licences and permits in accordance with the provisions of this Decree-Law and
its Implementing Regulation.
weapon:
Any instrument, machine, or material that is classified as a weapon, as defined
in the Implementing Regulation.
Firearm:
Any weapon with one muzzle or more that launches a projectile driven by the
expanding pressure produced by the combustion of the propellant. Any of its
part, component, spare part, technology, or equipment of its manufacturing or
activation shall be deemed a firearm.
Ammunition:
Whatever intended for loading weapons, according to the types prescribed in the
Implementing Regulation.
Firearm
Ammunition: A projectile that is fired from a firearm or any other firing
device, and consisting of the primer, the propellant substance, the case and the
projectile.
Hazardous
Substances: Elements, compounds, or mixtures with properties that are harmful to
humans or adversely affect the environment or properties, whether the physical
state is liquid, solid, or gaseous, and determined by a decision of the
Office.
Explosives:
A chemical compound or a mixture of different chemical compounds reacting with
each other when exposed to certain factors such as an instigating force
producing certain pressure, heat and speed leading to affecting or damaging the
surrounding area, and such includes fireworks. Shall be deemed an explosive
every material used in the composition thereof, as well as every device,
machine, tool and technology used in the manufacture and detonation
thereof.
Military
Materiel: Aircraft, boats, submarines, machinery, equipment, devices, unmanned
systems, ammunition, explosives, and weapons used for military purposes, or any
part, components, spare parts, technology, and manufacturing devices thereof,
used in the military or security field.
Licence:
The approval issued by the Licensing Authority on the applicant’s
engagement in the acts or activities permitted to be practiced in accordance
with the provisions of this Decree-Law and its Implementing Regulation.
Permit:
The approval issued by the Licensing Authority on the applicant’s
temporary performance of some tasks related to the activities permitted to be
practiced in accordance with the provisions of this Decree-Law and its
Implementing Regulation.
Possession:
Keeping a weapon, ammunition, explosives or military materiel within the
geographical scope determined in the license, including acquisition and
obtainment.
Carrying:
Roaming around with a weapon in places other than the restricted
locations.
Trade:
The sale or purchase of weapons, ammunition, explosives, military materiel,
spare parts or components thereof.
Storage:
Keeping weapons, explosives, ammunition and military materiel in secure and
suitable locations according to their nature, characteristics and types, as
determined by the Implementing Regulation.
Manufacture:
The production of weapons, ammunition, explosives, or military materiel. This
includes assembling parts to make a weapon or mixing explosive materials, arms
industry, or manufacture of modern defense technologies.
Arms
Industry: It is the process of producing or assembling military goods or
products, or any of their parts, spare parts, or technologies by various means
and materials, and this includes the fields of research, development, and
production.
Manufacture
of Modern Defense Technologies: The design, innovation and development of
weapons, equipment, components, communications systems or installations for the
purpose of military use.
Repair:
Eliminating any defect in the weapon or military materiel, or parts, components,
spare parts, or technologies, or devices thereof and used in explosives or for
reloading ammunition. It includes maintenance thereof.
Destruction:
The disposal, demolition, or destruction of weapons, ammunition, explosives,
military materiel, or any parts, components, spare parts, technologies, or
documentation thereof.
Import:
The entry of a shipment of weapons, ammunition, explosives,
military
materiel or hazardous substances to the State through land, sea or air
customs entry points.
Export:
The exit of a shipment of weapons, ammunition, explosives, military materiel or
hazardous substances from the State through land, sea or air customs entry
points.
Transit:
The passage of a shipment of weapons, ammunitions, explosives, military materiel
or hazardous substances sent to a person outside the State, via a transportation
means, from customs entry point in the State and the re-exit thereof, without
unloading the shipment from such transportation means, and keeping it under
customs and security control, as the case may be.
Trans-shipment:
Unloading the shipment of weapons, ammunitions, explosives, military materiel or
hazardous substances sent to a person outside the State from a transportation
means via which such shipment was brought into the State, and the re-loading
thereof into the same transportation means, or into another means in view of
taking it out of the State, provided that such process occurs by virtue of a
bill of lading or data mentioned in the cargo manifest of the transportation
means, while remaining under customs and security control, as the case may
be.
Military
Scrap: Residues of weapons, ammunition, explosives, or military
materiel.
The
provisions of this Decree-Law shall apply to the following:
Possession,
Acquisition, Obtainment, Carrying, Import, Export, re-Export, Transit,
Trans-shipment, Trade, Manufacture, Repair, transportation, or disposal of any
weapon, Ammunition, Explosives, Military Materiel, or Hazardous Substances,
shall not be permitted in any way, except after obtaining a Licence or Permit to
this effect from the Licensing Authority or from the Concerned Entity, according
to the provisions of this Decree-Law.
Armed
forces, police and security forces in the State shall be exempt from said
Licence or Permit.
The
Licence shall be issued in the name of the beneficiary thereof and within the
scope of the Licence. It shall be registered with respect to trade in the
location for which a Licence for Trade is issued.
In
all cases, the Licence may neither be assigned nor transferred to others, and
the location may not be change unless after obtaining the necessary approval in
accordance with what is determined by the competent Licensing Authority
1-
The Licences for the Possession, Carrying, acquisition, Trade, Import, Export,
Manufacture and Repair of weapons, Ammunition, Explosives and Military Materiel,
shall be issued by the competent Licensing Authority in coordination with the
Concerned Entities.
2-
The Licensing Authority may refuse to grant or renew a Licence and may add any
restriction thereto, and such in accordance with the considerations it deems
necessary without being bound to mention the causes thereof.
3-
The Implementing Regulation shall specify the duration of the Licences, and the
procedures and rules to be followed in the above-mentioned clauses.
1-
The Concerned Entities shall not issue Licences or Permits to practice
commercial activities related to the materials covered by the provisions of this
Decree-Law, except after obtaining the approval of the Licensing
Authority.
2-
The Licensing Authority shall determine the conditions and controls for the
appointment of workers in the institutions and companies of weapons, Ammunition,
Explosives and Military Materiel.
The
Minister may withdraw Licences issued in accordance with the provisions of this
Decree-Law, prior to their expiry date, whenever security so requires. The
person whose Licence is withdrawn in such case shall put all weapons,
Ammunition, Explosives, Military Materiel, Hazardous Substances, devices or
machines related thereto, or any relevant records, at the disposal of the
Licensing Authority , within the period determined in such decision.
Licences
withdrawn in accordance with the provisions of Article (7) of this Decree-Law
shall re-enter into effect when the reasons therefor cease to exist, without the
need to submit an application in this regard, and that before the lapse of
ninety days from the withdrawal date. Such application shall only be required if
the Licence has expired within the period of its withdrawal.
If
the period of the Licence’s withdrawal exceeds ninety days, the Licensing
Authority shall enable the person whose Licence is withdrawn to dispose of all
weapons, Ammunition, Explosives, or Military Materiel in his possession in
favour of a third party fulfilling the licensing conditions, within the period
it prescribes therefor.
1-
Any person is prohibited from carrying out any of the following acts:
a-
Leak of any plans, drawings, documents, information, or data in all its forms,
figures, simulators, or techniques related to weapons, Ammunition, Explosives,
or Military Materiel, or publication of them via electronic media, social media,
or by any means whatsoever, without the permission of the Concerned
Entity.
b-
Mediation, negotiation, brokerage, or any act that would facilitate the
conclusion of any type of contract in relation to weapons, Ammunition,
Explosives, or Military Materiel, except with permission of the Licensing
Authority of the Ministry of Defence.
2-
Nationals shall be prohibited from incorporating companies or entering as a
partner in a company or institution whose business activity is the Manufacture
of weapons, Ammunition, Explosives, or Military Materiel outside the State,
without the approval of the Licensing Authority of the Ministry of Defence. In
the case of incorporating more than one company or entering as a partner in more
than one company, each offence shall be charged in a separate count. Companies
owned by nationals prior to the date of entry into force of the provisions of
this Decree-Law, shall file an application with the Licensing Authority to
obtain the necessary Licence to this effect, in accordance with the provisions
of this Decree-Law.
1-
It shall not be permissible to grant the Licences covered by the provisions of
this Decree-Law to those who have already been convicted of any of the following
crimes, even if they were rehabilitated, pardoned or subject to a suspended
sentence:
a-
Crimes affecting the security of the State.
d-
Trafficking in narcotic drugs or psychotropic substances.
2-
Subject to the provisions of clause (1) of this article, Licences covered by the
provisions of this Decree-Law may not be granted to those who were previously
sentenced to a custodial sentence in a felony or misdemeanour, unless
rehabilitated, pardoned or subject to a suspended sentence.
3-
Licences may not be granted to the following categories:
a-
Persons placed under supervision during the supervision period.
b-
Whoever from whom the Licence is withdrawn, as long as the reason for withdrawal
still exists.
4-
The Advisor may exempt any person from the categories mentioned in clauses (2
and 3) of this article.
ESTABLISHMENT,
OBJECTIVES AND COMPETENCIES OF THE OFFICE
An
Office to be called the weapons and Hazardous Substances Office shall be
established within the organisational structure of the Council and shall have
the necessary powers to achieve its objectives and exercise all its competencies
under the provisions of this Decree-Law, its Implementing Regulation and the
decisions issued in implementation thereof.
The
headquarters of the Office shall be located in the city of Abu Dhabi, and
branches or centres thereof may be established within the Emirates of the State
by a decision of the Advisor.
Taking
into account the legislation in force in the State, the Office aims, in
cooperation with the Concerned Entities, to achieve the general policy of the
State towards regulating security procedures and requirements for the Import,
Export, Manufacture, Trade and Circulation of weapons, Ammunition, Explosives,
Military Materiel and Hazardous Substances. The Office shall supervise the
procedures followed in this regard, in line with international standards and
with a view to achieve national security.
The
Office shall supervise the achievement of the goals and the exercise of
competences provided for in this Decree-Law and shall follow up their
implementation as required by the public interest, in cooperation and
coordination with the Concerned Entities. The Office may for this purpose do the
following:
a-
Developing a national strategy that achieves the general policy to control the
circulation of weapons, Ammunition and Explosives in cooperation with the
Concerned Entities.
b-
Developing or adopting controls and standards regulating everything related to
the Import, Export, Transit, Trans-shipment, Manufacture, Trade, transportation,
Possession, Storage, Repair, and Destruction of weapons, Ammunition, Explosives,
Military Materiel, Centres for testing and evaluation specialized in weapons,
Ammunition, and Explosives, supervising their implementation, and proposing
draft laws and rules to ensure their regulation.
c-
Overseeing the circulation of weapons, Ammunition, Explosives and Military
Materiel in coordination with the Concerned Entities.
d-
Coordinating with the Concerned Entities in developing the general policy for
training in weapons, Ammunition and Explosives, as well as with the teams of
inspection, deactivation and post-explosion investigation, and standardizing
concepts.
e-
Establishing a central electronic database at the State level, supervising and
managing it with regard to the circulation of weapons, Ammunition, Explosives
and Hazardous Substances and their accidents in coordination with the Concerned
Entities.
f-
Cooperating with the Concerned Entities regarding international treaties and
conventions on weapons, Ammunition, Explosives, Military Materiel and Hazardous
Substances in the interest of the national security.
g-
Supervising and controlling the circulation of Hazardous Substances in
coordination with the Concerned Entities.
h-
Approving the strategies, standards and controls relating to the Hazardous
Substances, and prepared by the Concerned Entities in a manner that achieves
control over their circulation.
i-
Establishing lists of Hazardous Substances in coordination with the Concerned
Entities and defining the roles of each entity.
j-
Proposing decisions, rules, controls and procedures regulating the protection
weapons of commercial ships and aircraft and submitting the same to the Advisor
for approval.
k-
Submitting recommendations, proposals and studies on weapons, Ammunition,
Explosives, Military Materiel and Hazardous Substances.
l-
Issuing the decisions necessary to implement the objectives and competencies of
the Office.
m-
Issuing Licences and Permits as determined by the Implementing Regulation.
n-
Any other tasks or functions assigned thereto by the Advisor.
The
Advisor shall issue a decision on the organisational structure and competencies
of the Office.
REGULATING
WEAPON AND AMMUNITION LICENCES
1-
It is not permissible to license the Possession or Carrying of weapons except
for nationals of the State.
2-
The Licensing Authority can assess the circumstances in which a Licence for the
Possession or Carrying of a weapon may be granted or change the Licence to
possess a weapon into a Licence to possess and carry a weapon.
3-
In the event that the application for renewal of a Licence to carry or possess a
Firearm is rejected, the applicant for the renewal may transfer ownership of the
weapon, provided that the terms of the Licence apply to the transferee, and the
Licensing Authority may compensate the applicant for renewal of the Licence for
the Possession or Carrying of the Firearm, for the value of the weapon, at its
own discretion, unless the non-renewal is attributed to him.
4-
The Implementing Regulation shall specify the procedures and rules to be
followed in the above-mentioned clauses.
1-
No weapon or Ammunition may be entered to the State or exited therefrom before
obtaining a Permit to that effect from the Licensing Authority of the Ministry
of Interior, according to the Implementing Regulation of this Decree-Law and the
decisions issued in implementation hereof.
2-
The following persons shall be exempt from the provisions of paragraph (1) of
this article:
a-
The Head of State, his deputy and the deputy commander-in-chief of the Armed
Forces.
b-
Rulers of the Emirates, Crown Princes, Deputy Rulers and all their children. The
Licensing Authority of the Ministry of Defence undertakes to follow up on the
relevant procedures.
c-
Guards accompanying the delegations visiting the State, on condition of
reciprocity. The Concerned Entities shall coordinate, at an earlier stage, in
order to know the weapons and Ammunition in their possession
d-
Any other persons the Advisor deems to exempt from the provisions hereof.
Shall
be exempt from the Licence for the Possession or Carrying of weapons and
Ammunition or any other licensing requirements:
1-
The head of State and his deputy and the deputy commander-in-chief of the armed
forces.
2-
Rulers of the Emirates, Crown Princes, Deputy Rulers and all their
children.
3-
Whoever his jobs or capacity requires so, in accordance with the rules and
procedures determined by the Implementing Regulation. The weapons shall be
delivered within ninety days as of the loss of capacity, unless said persons had
obtained a Licence within this period.
Subject
to the provisions of Article (17) hereof, a Licence to possess or carry weapons
may be granted to members of the diplomatic and consular corps of foreign
states, without prejudice to the provisions of this Decree-Law, and taking into
account the requirements of international conventions and treaties to which the
State is a party, in accordance with the principle of reciprocity and as
determined by the Implementing Regulation.
Those
covered by the provisions of Articles (19) and (20) of this Decree-Law shall
notify the Office with details of the weapons they already have and the
quantities of their Ammunition, within thirty days as of the date of entry into
force of the provisions of this Decree-Law or as of the date of acquisition of
the weapons. Furthermore, they shall notify the Office of any changes thereto
within thirty days as of its occurrence.
1-
It is not permissible to carry a weapon, even if its Possession is licensed,
except with a Permit from the Licensing Authority in accordance with the cases
determined by the Implementing Regulation of this Decree-Law.
2-
It is not permissible to possess Ammunition except for those licensed to possess
or carry weapons and said Ammunition is related thereto.
The
licensee and the authorised person shall present and submit the Licence or
Permit issued thereto whenever requested by the Concerned Entities.
1-
It is not permissible to carry weapons, even if the latter is licensed to be
carried, in the following places:
a-
Military and government installations.
c-
Any other place determined by the Implementing Regulation.
2-
Employees handed weapons to perform their duties shall be exempt from the
previous prohibition, in accordance with the conditions and controls prescribed
by the Implementing Regulation of this Decree-Law.
Without
prejudice to the right of the licensee to dispose of the weapon, according to
the provisions of this Decree-Law, the weapon shall not be replaced before the
lapse of three years as of the date of issuance of the Licence. The Licensing
Authority may reduce this period when need be.
The
Licence for the Possession of weapon shall be deemed expired in the following
cases:
1-
Death or loss of legal capacity.
2-
Delivery of the weapon to others in cases other than those wherein this is
permitted.
3-
Availability of one of the cases or more provided for in Article (11) of this
Decree-Law.
4-
Use of weapons for a purpose not specified in the Licence.
5-
Loss of capacity or justification on basis of which the Licence was
granted.
6-
Issuance of a final court ruling to confiscate the weapon.
7-
Failure to renew the Licence after the expiry of a period not exceeding 30
days.
In
the event that the weapon or Ammunition is lost, the licensee shall inform the
Licensing Authority or the nearest police station immediately of the loss.
1-
If the licensee dies or loses his capacity, the heirs or guardian shall notify
the Licensing Authority or the nearest police station thereof within a maximum
period of sixty days as the date of the death or the loss of capacity. Said
period shall be calculated as of the date of knowledge of the existence of the
Licence, if it is later than the date of death or the loss of capacity.
2-
The heirs may dispose of the weapon to one of them or to another person
fulfilling the licensing requirements, after the approval of the competent
Licensing Authority; they may also hand it over to the Licensing Authority in
exchange for an appropriate compensation at its discretion.
The
Licensing Authority of the Ministry of Interior shall set out the necessary
rules and procedures to disable Firearms and prevent their re-activation in
cases that require so.
Shooting
clubs with respect to the weapons and Ammunition used therein shall be subject
to the provisions of this Decree-Law, and its Implementing Regulation.
REGULATING
EXPLOSIVES AND MILITARY MATERIEL LICENCES
Explosives
or Military Materiel may not be manufactured, imported, exported, possessed,
transported, stored, used, or traded in except with a Licence or Permit issued
by the Licensing Authority, as defined in the Implementing Regulation of this
Decree-Law.
It
is not permissible to import, manufacture, export, possess, transport, store or
use the raw materials used in the Manufacture of Explosives, except with a
Licence or Permit from the Licensing Authority, as determined by the
Implementing Regulation of this Decree-Law.
Federal
and local government agencies and institutions, public and private bodies and
companies which work or the work of their contracting parties requires the
Possession or use of Explosives or Military Materiel to carry out their work,
may be granted a Licence to this effect from the Licensing Authority.
The
period of validity of Licences or Permits for Explosives and Military Materiel
shall be determined in accordance with the provisions of the Implementing
Regulation.
The
person licensed to possess Explosives shall report quantities in excess of use
to the competent authorities determined by the Implementing Regulation, within a
period not exceeding (48) hours as of the end of the work for which he was
licensed to possess explosives. The Implementing Regulation shall determine the
controls necessary to dispose of the quantities in excess of use.
Fireworks
shall not be allowed without a Permit from the Licensing Authority, in
accordance with the provisions of the Implementing Regulations of this
Decree-Law.
REGULATING
THE LICENCING OF TRADE, MANUFACTURE, REPAIR, IMPORT, EXPORT AND STORAGE
1-
The Licensing Authority of the Ministry of Defence, in coordination with the
Concerned Entities, as the case may be, shall issue the Licences or Permits
listed below for weapons, Ammunition, Military Materiel, Devices, machines,
spare parts, or Military Scrap, for the following purposes:
a-
Establishing factories and manufacturing weapons, Ammunition, or Military
Materiel.
b-
Arms Industry and Manufacture of Modern Defence Technologies.
d-
Trade of Military Materiel.
e-
Import of Military Materiel.
f-
Import of the materials needed to Manufacture weapons, Ammunition, or Military
Materiel.
g-
Workshops for the Repair of Military Materiel.
h-
Transit or Phased Loading of weapons, Ammunition or Military Materiel.
i-
Destruction of weapons, Ammunition or Military Materiel.
j-
Warehouses related to the Licences mentioned in clause (1) of this
article.
k-
Any Licences and Permits determined by the Implementing Regulation.
2-
Subject to the provisions of clause (1), the Licensing Authority of the Ministry
of Interior, in coordination with the Concerned Entities, as the case may be,
shall issue the Licences or Permits listed below for weapons, Ammunition,
Explosives, devices, machines, or spare parts thereof, for the following
purposes:
a-
Establishing factories and manufacturing Explosives for civil purposes.
c-
Exporting Explosives for civil purposes.
e-
Importing the materials necessary for the Manufacture of Explosives for civil
purposes.
f-
Transit or Phased Loading of Explosives for civil purposes.
g-
Firearm Repair workshops.
i-
Destruction of Explosives for civil purposes.
j-
Warehouses related to the Licences mentioned in clause (2) of this
article.
k-
Any Licences and Permits determined by the Implementing Regulation.
3-
The permit to transport weapons, Ammunition, Explosives, devices, machines, or
spare parts related to them shall be granted by the Licensing Authority of the
Ministry of Interior in coordination with the Licensing Authority of the
Ministry of Defence, as determined by the Implementing Regulation.
4-
The Permit to transport Military Materiel or Scrap shall be granted by the
Licensing Authority of the Ministry of Defence in coordination with the
Licensing Authority of the Ministry of Interior, as determined by the
Implementing Regulation.
5-
The warehouses shall be guarded and secured by the armed forces or the Ministry
of Interior as determined by the Implementing Regulation.
Taking
into account the international controls issued on the marking of weapons and
Ammunition, the Implementing Regulation shall set controls and procedures for
the marking of weapons and Ammunition.
In
cases where the Licence for the Trade, Import, Export or Manufacture shall be
cancelled, or where such Licence is deemed expired or renewal thereof is
rejected, the licensee with a permit from Licensing Authority,shall dispose of
relevant goods to another person fulfilling the licensing conditions, within a
maximum period of thirty days as of the date of the cancellation of the Licence,
the date it is considered expired, or the date of rejection of renewal thereof,
and in case of failure to dispose thereof during such period for reasons beyond
the control of the holder of the Licence, said period shall be extended for
another period to be determined by the Licensing Authority, provided that it
does not exceed ninety days; and in case of failure to dispose thereof after the
lapse of the grace period, the competent authority shall sell them for the
benefit of their owner and collect the administrative expenses as determined by
the Implementing Regulation of this Decree-Law.
Persons
licensed to trade in, import, export, manufacture or repair materials subject to
this Decree-Law, shall keep records of all performed operations; the
Implementing Regulation of this Decree-Law or decisions issued in implementation
hereof shall prepare the models for such records and data.
Persons
licensed to trade in, import, export, manufacture or repair materials subject to
this Decree-Law, shall present the records they keep whenever requested by the
delegate of the Licensing Authority or the competent judicial officer. The
records shall be noted as a proof of access thereof. The licensee shall also
submit an annual statement on the incoming and outgoing quantities, and the
remaining balance of these quantities in his stores or shops. The competent
judicial officer may enter and inspect the licensed facility to verify its
compliance with the provisions of this Decree-Law and its Implementing
Regulations and decisions issued in implementation of this Decree-Law.
Persons
licensed to trade in, import, export, manufacture or repair materials subject to
this Decree-Law, shall not deliver to another person, even if licensed, any
material they deal with under the Licence or dispose thereof, unless by virtue
of a Permit from the Licensing Authority where type and quantity thereof are
indicated; the licensee shall register the name of the alienee or the recipient
as well as his Licence number and date and the amount and type of the material
disposed of. The alienee shall draft a certificate signed by him describing the
materials set forth in the Permit referred to.
The
licensee shall maintain materials he is licensed to trade in, export, import,
manufacture, or repair, in places that meet the conditions and controls set
forth in this Decree-Law and the regulations and decisions issued in
implementation hereof, and taking into account the specifications and conditions
specified by the manufacturer.
The
Licensing Authority may request the person licensed to trade in, import, export,
or manufacture materials subject to this Decree-Law, to transport all or some of
the materials subject to the provisions of this Decree-Law from his facilities
to any other place it deems more secure and safe.
The
Minister may decide to disburse a monetary reward to anyone who reports illicit
Trade of weapons, Ammunition, Explosives, and military materiel, smuggling,
illegal storage, manufacturing, import, or export thereof, when such reporting
results in uncovering the crime.
Trade,
Import, Export, Manufacture or Repair Licences shall be deemed terminated in the
following cases:
1-
Transfer of ownership of the Trade, Manufacture or Repair shop to others.
2-
Transfer of the assets required for the issuance of the Licence from the shop
where any of the mentioned activities are practiced without a Licence or
Permit.
3-
Illegal leak of some material to others.
4-
Non-compliance with the regulations to be followed in the record-keeping and
failure to take the security and safety precautions.
5-
The case provided for in Article (11) of this Decree-Law
6-
Issuance of a final ruling on the closing of the shop.
7-
Death or loss of legal capacity.
8-
Any violation of the provisions of this Decree-Law, its Implementing Regulations
and the decisions issued in implementation hereof.
If
a Licence is withdrawn or expired for any reason, the heirs, guardian, or
responsible director or licensee, as the case may be, shall notify the Licensing
Authority or the nearest police station of weapons, Ammunition, Explosives, or
Military Materiel within a maximum period of thirty days from the date of
withdrawal or expiry as determined by the Implementing Regulation of this
Decree-Law.
The
penalties stipulated in this Decree-law shall not prejudice any more severe
penalty stipulated by another law.
Whoever
enters weapons, Ammunition, Explosives, Military Materiel or Hazardous
Substances to the State, or manufactures, assembles, sells, buys or possesses
them with the intent to commit a crime against the security of the State, shall
be punished with life imprisonment.
Whoever
attempts to commit the crimes mentioned in the first paragraph of this article
shall be punished with temporary imprisonment and a fine of no less than one
million dirhams.
Whoever,
without permission or illegally, trades in, imports, exports, manufactures,
enters in the State or exists therefrom Explosives or Military Materiel, shall
be punished with temporary imprisonment and a fine of no less than five hundred
thousand dirhams.
Anyone
who trades in, imports, exports, manufactures, enters in the State or exists
therefrom Firearms or their ammunition, without a Licence, shall be punished by
temporary imprisonment for a period of no more than ten years and a fine of no
less than two hundred and fifty thousand dirhams.
1-
Whoever commits any of the prohibited acts of clause (1/ (a)) of Article (10) of
this Decree-Law shall be punished with life imprisonment and a fine of no less
than five hundred thousand dirhams.
2-
Whoever commits any of the prohibited acts of clause (1/ (b)) of Article (10) of
this Decree-Law shall be punished with imprisonment and a fine of no less than
one hundred thousand dirhams.
Whoever
violates the text of clause (2) of Article (10) of this Decree-Law shall be
punished with imprisonment for a period of no less than five years and not
exceeding ten years and a fine of no less than one million dirhams and no more
than ten million dirhams.
As
an exception to Article (50), a penalty of imprisonment for a period of no less
than a year and a fine of no less than one hundred thousand dirhams or either of
them shall be imposed on anyone who, without a Licence, trades in, imports,
exports, manufactures or enters Fireworks from and to the State.
Whoever,
without a licence, trades in, imports, exports, manufactures, enters and exits
non-firearms or their ammunition from and to the state, shall be punished with
imprisonment for a period of no less than six months and a fine of no less than
one hundred thousand dirhams.
1-
Whoever possesses or carries Explosives without a Permit or Licence shall
punished with temporary imprisonment.
2-
Whoever possesses or carries without a Permit or Licence a Firearm or Ammunition
or a part thereof shall be punished with imprisonment and a fine not exceeding
one hundred thousand dirhams or either of them. Those who voluntarily apply for
a Licence for an unlicensed weapon in their possession shall be excluded from
the provision of this clause.
3-
Whoever commits any of the crimes referred to in clause (2) of this article
whenever his crime relates to a non-Firearm or its Ammunition, shall be punished
with imprisonment for a period not exceeding three months and a fine not
exceeding fifty thousand dirhams, or either of them.
Whoever
uses a simulated weapon or models or structures similar to the forms of weapons
or Explosives to threaten others shall be punished with imprisonment and a fine,
or either of them. Also, shall be punished by the same penalty anyone who seeks
to convert non-firearms to firearms without a Licence. A threat with a firearm
shall be considered an aggravating circumstance
A
penalty of imprisonment for a period not exceeding one year and a fine of no
less than one hundred thousand dirhams, or either of them shall be imposed
on:
1-
Whoever practices the profession of repairing weapons without a Licence.
2-
Each licensee who repairs the weapons belonging to people who do not have a
Licence.
3-
Whoever places additional parts for weapons without a Licence. The court may
order the revocation of the Licence or the closure of the shop.
Whoever
violates the provisions of Articles (22), (24), (28), (35), (36), (40), (42) and
(43) hereof shall be punished with imprisonment and a fine of no less than fifty
thousand dirhams or either of them.
Any
licensee who has imported, exported, sold, bought, transported, stored,
possessed, or practiced any of the other acts licensed thereto in respect of
fireworks without obtaining a Permit, shall be punished imprisonment of no more
than three months and a fine of no less than fifty thousand dirhams or either of
them.
1-
A fine of no more than one hundred thousand dirhams shall be imposed on any
physical person who has not applied to adjust his situation on the date
prescribed in Article (68) of this Decree-Law.
2-
A fine of no less than one hundred thousand dirhams shall be imposed on any
juristic person who has not applied to adjust its situation on the date
prescribed in Article (68) of this Decree-Law.
3-
Whoever violates any of the provisions of Articles (7), (27) and (47) of this
Decree-Law, shall be punished with imprisonment for a period not exceeding three
months and a fine not exceeding one hundred thousand dirhams, or either of these
penalties.
1-
Shall be punished by imprisonment for a term not exceeding six months and a fine
of not less than fifty thousand dirhams or either of them, anyone whose
negligence has caused the loss of a part of the licensed Explosives or finds out
about such loss and does not inform the Licensing Authority or the nearest
police station of the loss.
2-
Shall be punished by imprisonment for one month or a fine not exceeding thirty
thousand dirhams or either of them, anyone whose negligence has caused the loss
of a part of the licensed fireworks or finds out about such loss and does not
inform the Licensing Authority or the nearest police station thereof.
3-
Shall be punished by a fine not exceeding twenty thousand dirhams anyone who has
lost a licensed of weapon or its Ammunition and does not inform the Licensing
Authority or the nearest police station of the loss, or disposes thereof in
violation of the provisions of this Decree-Law.
4-
Shall be punished with imprisonment and a fine of no less than thirty thousand
dirhams or either of them whoever violates the provisions and rules approved by
the Office and relating to Hazardous Substances.
A
Licence issued based on fraud, cheating, false statements or documents contrary
to facts shall be deemed void-ab initio, and relevant weapons, Ammunition,
Explosives, and fireworks shall be seized and the penalties stipulated in this
Decree-Law shall be applied thereto, without prejudice to the penalty stipulated
in other legislations in force in this regard.
Without
prejudice to the penalties stipulated in a special provision in this Decree-Law,
imprisonment for a period not exceeding one year and a fine of no less than
fifty thousand dirhams or either of them shall be imposed on anyone who violates
any other provision of this Decree-Law, the regulations and the decisions issued
in implementation thereof.
The
court may order the cancellation of the Licence in relation to the violating
person, and in all cases, it shall rule as follows:
1-
Confiscation of the seizures and the means of transportation.
2-
Deportation of the alien.
The
convict shall bear the value of costs and expenses resulting from the disposal
of the materials confiscated.
The
penalties stipulated in this Decree-Law shall be doubled in case of
recidivism.
The
Licensing Authority shall coordinate with the State Security Service when
issuing the Licenses and Permits stipulated in the provisions of this
Decree-Law.
The
persons, entities, companies, or establishments licensed to own, possess, or
carry weapons, Ammunition, Explosives, Military Materiel, Hazardous Substances,
or any raw materials involved in their Manufacture, and machines, tools,
devices, or equipment related to the above, shall apply to the Licensing
Authority during a maximum period of six months from the date of the entry into
force of this Decree-Law, so as to adjust their situation in accordance with its
provisions.
A
replacement for the lost Licence shall be issued according to the terms and
conditions prescribed by the regulations and decisions issued in this
regard.
1-
The fees related to the implementation of the provisions of this Decree-Law
shall be determined by a Cabinet decision, based on a proposal of the Advisor or
the competent Minister, as the case may be.
2-
A decision issued by the Advisor shall be issued based on the proposal of the
Concerned Entities, on administrative violations, fines and penalties against
violators of this Decree-Law, its Implementing Regulation and the decisions
issued in implementation thereof.
In
application of the provisions of this Decree-Law, fire rescue signs, tools and
means using propellant materials shall be treated as fireworks.
Interested
parties may file a grievance with the Minister against the decisions issued by
the Licensing Authority, within fifteen days from the date of notifying them of
these decisions or from the date of the expiry of the Licence period, whichever
is earlier. The Minister shall issue his decision on the grievance within thirty
days from the date of its submission.
An
appeal may be lodged before the competent court within sixty days from the date
of informing the interested parties of the grievance refusal or from the date of
the end period prescribed for responding thereto, whichever is earlier.
The
crimes stipulated in Articles (49) and (50) of this Decree-Law are considered
crimes against the security of the State.
The
Implementing Regulation shall determine the conditions, provisions and controls
necessary for holding exhibitions of weapons, Ammunition, Explosives and
Military Materiel in the State. The Office shall issue the necessary Licences
and Permits for companies to set up exhibitions, exhibitors and external
participations in coordination with the Concerned Entities.
Free
zones in the State are subject to the application of the provisions of this
Decree-Law.
The
Minister may delegate whomever he deems appropriate from senior officials in the
Ministry or from the Concerned Entities to exercise some of his powers or
competencies mentioned in this Decree-Law or its Implementing Regulation or the
decisions issued in implementation thereof.
A
decision shall be issued by the Advisor to form a committee to follow up the
procedures for granting Licences to possess and carry weapons, during the period
of the exhibition of weapons and Ammunition, provided that the decision
specifies the tasks and powers of the committee, the number of its members and
the mechanism of its work.
The
employees of the Office and of the Licensing Authority of the Ministry of
Defence shall have the capacity of judicial officers in the application of the
provisions of this Decree-Law and the decisions issued in implementation
thereof, in relation to the crimes that fall within their jurisdiction and
relating to their functions and duties.
The
Advisor shall issue the Implementing Regulation and the decisions necessary to
implement the provisions of this Decree-Law, within (6) months from the date of
implementation of the provisions hereof.
Cabinet
decisions issued in respect of fees collected for the licensing of weapons,
Ammunition, and Explosives and any other fees levied in this regard shall
continue to apply until the Council of Ministers issues the fees decisions
relating to the application of the provisions of this Decree-Law.
The
Concerned Entities shall implement the instructions and directives issued by the
Office regarding the implementation of the provisions of this Decree-Law and its
Implementing Regulation.
-
Federal Decree No. (5) of 2013 on weapons, Ammunition, Explosives and Military
Materiel shall be abrogated.
-
Any text that violates or contradicts the provisions of this Decree-Law shall
also be abrogated.
This
Decree-Law shall be published in the Official Gazette and shall come into force
as of August 29, 2019.
Issued
by us at the Presidential
Palace in Abu Dhabi
Date: 28 Dhi Al-Hijjah 1440
H
Corresponding to 29 August 2019
Khalifa
bin Zayed Al Nahyan
President
of the United Arab Emirates
The present
Decree-Law was published in the Official Gazette, issue no. 661 (Annex 2), p.
9.