Wherever used in this Resolution, the following words and expressions shall bear the meanings assigned thereto respectively as follows, unless the context indicates otherwise:

State: The United Arab Emirates.

Council: The Emirati Talent Competitiveness Council.

Chairman: Chairman of the Board of Directors of the Council.

Ministry: The Ministry of Human Resources and Emiratization.

Establishment: Any economic, technical, industrial, commercial or other unit falling within the approved categories in the State, employing workers, aiming to produce or market goods or to provide services, licensed by the Competent Authorities, and subject to the provisions of Federal Decree by Law No. (33) of 2021 Regarding the Regulation of the Labor Relations, as amended.

Beneficiary: The Emirati citizen beneficiary of support provided by the Council.

Without prejudice to any procedures provided for in the relevant legislation, the Ministry may impose the administrative fines set out in the table below on the Establishment. Likewise, the Ministry may, in coordination with the Council, impose administrative penalties on the Beneficiary for any violations set out in the table below, as follows:

1. The owner of an Establishment employing a Beneficiary of the Council’s initiatives and programs shall refund all benefit amounts received by the Beneficiary if the violations (1, 2, 4, 5, and 8) mentioned above are established against the Beneficiary, in accordance with applicable State legislation.

2. If the Beneficiary of the Nafis initiatives and programs re-commits the violation of sham Emiratization, the disbursement of benefits shall be suspended, and the Beneficiary shall no longer be entitled to any of the prescribed benefits.

1. Any interested party may file a written grievance with the Ministry against any of the administrative penalty imposed pursuant to this Decision, within (10) ten days from the date of being notified of the decision subject to the grievance. The grievance shall be reasoned and accompanied by all supporting documents in accordance with the procedures determined by the Ministry.

2. The grievance shall be decided upon within (20) twenty days of its filing, and in accordance with the applicable procedures of the Ministry.

The Chairman or their delegate may either grant exemption from the administrative penalties imposed under this Decision or allow payment of those penalties in installments. The cases eligible for exemption and the installment payment mechanism, including the conditions, controls, and procedures, shall be determined by a decision of the Chairman based on the Council’s recommendation in coordination with the Ministry.

1. For the purposes of collecting the administrative penalties specified in this Decision, part of a day shall be deemed a full day, and part of a month shall be deemed a full month.

2. More than one penalty may be imposed where more than one violation is committed.

3. The Council may suspend dealings with any establishment proven to have committed any of the violations referred to in Article (2) of this Decision.

4. The Council may deny any applicant support in the event of repeated violations.

5. The fines set forth herein shall be collected by the Ministry by the means determined by the Ministry of Finance, and shall be credited to the Single Treasury Account of the Federal Government.

6. The refunded benefit amounts set forth herein shall be collected by the Ministry by the means determined by the Council, and shall be credited to the Nafis Fund Account at the Council.

7. The imposition of the fines and penalties set forth herein shall not prevent the referral of the Establishment or Beneficiary to the Public Prosecution to take legal action against either or both of them.

8. An Establishment proven to have committed the violation described in Clause (9) referred to in Article (2) of this Decision shall fulfill the required annual Emiratization target based on the Establishment’s actual status prior to the circumvention.

9. The Chairman shall issue the necessary decisions to implement the provisions of this Decision, and shall determine the mechanisms and procedures for implementing the administrative penalties imposed on the Beneficiary referred to herein, including the periods and conditions for suspension and deprivation of benefit, after coordination with the Ministry.

Cabinet Resolution No. (95) of 2022 Regarding the Administrative Violations and Penalties Related to the Emirati Talent Competitiveness Council’s Initiatives and Programs, as amended, shall be repealed. Every provision that contradicts or conflicts with the provisions of this Decision shall also be repealed.

This Resolution shall be published in the Official Gazette, and shall enter into force from the day following the date of its publication.