- Article (1) Definitions
- Article (2) Resolution Objectives
- Article (3) Applicability of the Resolution
- Article (4) Powers of the Competent Authority
- Article (5) Obligations of the Competent Authority
- Article (6) Reward Disbursement Conditions
- Article (7) Criteria for Determining the Value of the Reward
- Article (8) Executive Resolutions
- Article (9) Publishing and Entry into Force of the Resolution
Article (1) Definitions
In application of the provisions hereof, the following words and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
Competent Authority: Executive Office for Control and Non-Proliferation (EOCN).
Goods: Items, systems, equipment, components, software or technology included in the table of goods subject to the control of the Competent Authority in accordance with the provisions of Federal Decree-Law No. (43) of 2021 referred to.
Whistleblower: The person who submits a report to the Competent Authority regarding the illicit trade in goods subject to Federal Decree-Law No. (43) of 2021 referred to, and whose report led to their discovery.
Law Enforcement Authorities: Federal and local authorities, entrusted under their legislation in force, to carry out offences combating, investigating and evidence- gathering, including Money Laundering and terrorism financing and financing illegal organizations.
Article (2) Resolution Objectives
This Resolution aims to activate the role of community participation in detecting the crimes related to illicit trade in goods and to encourage the reporting of any acts related thereto.
Article (3) Applicability of the Resolution
The provisions of this resolution shall apply to anyone who reports or reveals an act or provides correct information about acts of illicit trade in goods, which lead to the detections of such acts.
Article (4) Powers of the Competent Authority
The competent authority shall have all the powers that enable it to carry out the following functions:
1. Using information provided by whistleblowers to detect illicit trade in goods.
2. Determine the means and procedures for receiving reports.
3. Determine the data that the report should include.
4. Determine the amount of money required to be allocated within its budget to be allocated as a financial reward to be paid to the whistleblower.
5. Determine the procedures for approving the value of financial rewards in accordance with the controls stipulated in Article (7) hereof, and the person authorized to disburse them.
6. Specify the requirements that shall be met in relation to any information provided by the whistleblower, including the requirements for evidence, substantiation, and documentation.
7. Create a special record for the whistleblowers and the value of the financial rewards paid to each of them.
Article (5) Obligations of the Competent Authority
The Competent Authority shall:
1. Maintain the confidentiality of the whistleblower personal information and data and prevent others from accessing them.
2. Treat all reports with complete confidentiality, and not disclose any information related to the report.
Article (6) Reward Disbursement Conditions
The following conditions shall be met to receive the reward:
1. The information provided by the whistleblower shall prove that the act of illicit trade in goods has occurred and has been committed by the reported person.
2. The information provided shall not be already known to the competent authority or to other authorities within the State.
3. The information shall be correct and current at the time of reporting.
4. The information reported shall contribute directly or indirectly to the arrest of perpetrators of the act of illicit trade in goods or the recovery of infringing goods.
5. The whistleblower shall not be a contributor or participant in the illicit trade in the goods subject of the report
6. The whistleblower shall not be an employee of the competent authority or a relative of any of its employees up to the second degree.
7. The whistleblower shall not have received a reward or other financial incentive from another entity as a result of filing the same report.
Article (7) Criteria for Determining the Value of the Reward
The competent authority shall take into account the following factors when determining the value of the financial reward:
1. The size and significance of the reported illicit trading act.
2. The gravity of the illicit trading act and the negative impact resulting there from it.
3. The extent to which the information provided by the whistleblower to the competent authority contributes to the success of law enforcement authorities in investigating, identifying, or arresting perpetrators of the act of illegal trade in goods.
4. The reward value shall not be less than (3,000) three thousand Dirhams and not more than (25,000) twenty-five Dirhams.
Article (8) Executive Resolutions
The Minister shall issue the Resolutions necessary to implement the provisions of this Resolution.
Article (9) Publishing and Entry into Force of the Resolution
This Resolution shall be published in the Official Gazette and shall enter into force on the day following its publication date.
Translated in cooperation with