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Cabinet Resolution Concerning the Administrative Violations and Penalties for Acts Violating the Provisions of Cabinet Resolution Concerning the Telemarketing Regulations

The last update on this law was listed on 10 Jun 2024

Related legislations

Issued Date

10 Jun 2024

Effective Date

27 Aug 2024

Official Gazette Date

28 Jun 2024

Official Gazette No

778

Legislation State

Active

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Article (1) Definitions

In application of provisions of this Resolution, definitions set forth in Cabinet Resolution No. (56) of 2024 Concerning the Telemarketing Regulations, unless the context requires otherwise.

Article (2) Scope of Application

Without prejudice to any severer penalty stipulated in legislations applicable in the State, provisions of this Resolution shall be enforced on any actions committed in violation of Cabinet Resolution No. (56) of 2024 Concerning the Telemarketing Regulations.

Article (3) Administrative Penalties

First: Administrative penalties imposed by the competent authorities on companies:
1. The competent authority may, subject to competences assigned in accordance with the aforementioned Cabinet Resolution No. (56) of 2024, impose administrative penalty or penalties with respect to any of the actions committed by companies in violation of the aforementioned Cabinet Resolution No. (56) of 2024 in a way that take gradation of penalties into account as follows:
    a. Warning.
    b. The administrative fine according to Table No. (1) attached to this Resolution. 
    c. Total or partial suspension of activity for a period not less than (7) seven days and not exceeding (90) ninety days.
    d. Cancellation of license and deletion from the commercial register, cutting communications services and removing the phone number.
2. The decision issued to impose an administrative penalty shall determine the period required for the violator to remove or remedy the violation under the applicable administrative penalty in case the violating company abstains to remove or remedy the violation. This is provided that gradation in penalties stipulated in Clause (1) of this Article shall be considered.
3. The competent authority may, pursuant to the assigned competences, not follow the gradation in penalties stipulated in Clauses (1) and (2) of this Article, and imposes the most severe administrative penalty in case the violating company commits the same violation that was the subject of a previous administrative penalty within (6) six months from the date of imposing the administrative penalty.

Second: Administrative penalties imposed by the Authority on natural persons.
1. The Authority may, in coordination with telecommunications companies licensed to operate in the State, impose one or more administrative penalty on a natural person violating the prohibition to conduct marketing phone calls in contradiction with provisions of the aforementioned Cabinet Resolution No. (56) of 2024, taking into account the penalties stipulated in Table No. (2) attached to this Resolution.
2. The authority may not, in coordination with the telecommunications companies licensed to operate in the State, follow the gradation in penalties stipulated in Table (2) attached to this Resolution, and imposes the most severe administrative penalty in case the violating natural persons commits the same violation that was the subject of a previous administrative penalty for the third time. In all cases, a decision to impose the administrative penalty as stipulated in Clauses (First) and (Second) above, shall be issued by the Head of the competent authority, the Head of the Authority (as the case may be) or his delegate.

Third: Administrative penalties imposed by the Central Bank on companies and natural persons: 
The Central Bank shall, upon the approval of the Cabinet, develop a regulation for the administrative violations and penalties imposed on companies that violate provisions of Cabinet Resolution No. (56) of 2024 Concerning the Telemarketing Regulations pursuant to competences assigned to the Central Bank subject to Clause (1) of Article (9) of the aforementioned Cabinet Resolution No. (56) of 2024.

Article (4) Fines Amendment

The Cabinet has the power to make or amend the fines mentioned in this Resolution, whether by addition, deletion or amendment. This shall be based on a proposal from the Minister, upon coordination with the Ministry of Finance and the competent authorities.

Article (5) Fines Collection

1. The Federal competent authority shall collect fines imposed by the same authority subject to this Resolution at the treasury of the State according to the mechanism decided by the Ministry of Finance.
2. As an exception from clause (1) of this article, the Central Bank shall collect the fines the Bank imposes subject to the regulation of administrative violations and penalties issued pursuant to Clause (Third) of Article (3) of this Resolution according to the mechanism decided by the Bank in this respect.
3. The local competent authority shall collect fines imposed by the same authority subject to this Resolution to the treasury of the local government according to the mechanism applicable at every Emirate.
 

Article (6) Appeal

1. Every stakeholder may appeal in writing or electronically to the Head of the competent authority or the Head of the Authority, pursuant to competence assigned, against the administrative penalty taken against such stakeholder within (15) fifteen days as of the notice date of the appealed administrative penalty, provided that such appeal shall be attached with all papers and supporting documents. Such appeal shall be decided on within (30) thirty days as of the submission date. Receiving no reply during the above period shall be deemed a rejection, provided that the appellant shall be notified with the decision and its grounds in case of explicit or implicit rejection.
2. As an exception from clause (1) of this article, administrative violations and penalties imposed the Central Bank may be appealed based on Clause (Third) of Article (3) of this Resolution according to the mechanism decided by the Central Bank in this respect.
 

Article (7) Publication and Enforcement

This Resolution shall be published in the Official Gazette and shall be enforced after (60) sixty days as of the date of publication.

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