VZCZCXRO8060
PP RUEHDE RUEHDIR
DE RUEHAD #0701/01 1161326
ZNR UUUUU ZZH
P 261326Z APR 07
FM AMEMBASSY ABU DHABI
TO RUEHC/SECSTATE WASHDC PRIORITY 8839
RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS SECTION 01 OF 02 ABU DHABI 000701 
 
SIPDIS 
 
SIPDIS 
 
STATE FOR NEA/ARP, ISN/CPI 
COMMERCE FOR A/S PADILLA, A/S FOULON 
 
E.O. 12958: DECL N/A 
TAGS: ETTC PARM ETRD AE
 
SUBJECT: HIGHLIGHTS OF UAE EXPORT CONTROL LAW 
 
REF: Abu Dhabi 679 
 
¶1. (U) Summary: The following cable represents post's informal 
assessment of highlights of the UAE's draft law on export and import 
controls.  The law was approved on April 24, 2007 by the UAE's 
Federal National Council (FNC).  The law, includes definitions and 
the following four chapters:  chapter 1: General Rules; Chapter 2: 
Regarding export and re-export of strategic commodities and related 
technology and means; chapter 3: penalties; and Chapter 4:Final 
Rules. End Summary. 
 
Chapter One: General Rules 
-------------------------- 
 
2.(U) Chapter One of the law stipulates that UAE competent authority 
can ban or restrict import, export, re-export, transit or temporary 
shipment of any commodity for certain reasons such as risk to public 
safety and health, environment, natural resources, and national 
security or any other reasons regarding the country's foreign 
policy. The law aims also to unify procedures in all seven emirates. 
 
 
¶3. (U) The law stipulates the creation of a National Control 
Committee for Import, Export and Re-export (NCCIER). This Committee 
is to be headed by a representative from the UAE Ministry of Economy 
and includes representatives from Ministries of Defense, Finance and 
Industry, Interior, Foreign Affairs, Justice, Energy, Health, 
Environment and Water, the Department of State Security, Federal 
Customs Authority FCA), Federal Environmental Authority (FEA), 
General Secretariat of Municipalities(GSM) and three representatives 
from private sector. (Note:  This is a separate committee from the 
committee controlling strategic commodities below. End Note.) 
 
¶4. (U) The National Control Committee for Import, Export and 
Re-export shall coordinate with concerned authorities regarding 
regulations and provide technical consultancy in order to prevent 
damage to state interests or violations of international agreements 
of which the UAE is a party or signatory.  The National Control 
Committee may study recommendations and suggestions raised by UAE 
concerned entities and submit them to the Minister of Economy.  The 
Committee has to coordinate with the 'National Committee for Control 
on Strategic Commodities,' conduct procedures, establish conditions 
and requirements for issuance of licenses, fee collections, submit 
semi-annual reports to the Minister of Economy, and any other 
assignments as may be decided upon by the UAE Cabinet. 
 
Chapter Two: Export and Re-export of Strategic Commodities and 
Related Technology and Means 
--------------------------------- 
 
¶5. (U) The law bans and restricts persons from import, export, 
re-export, transit, or temporary shipment of strategic commodities 
and related technology stipulated in the annex to the law. The law 
bans and restricts the export of any document that contains 
information related to strategic commodities. It bans leakage or 
publication of any related technology that can be accessible to 
persons in foreign countries.  The law also bans any person from 
export, re-export or transit of any commodity or document, not 
stipulated in the law annex, if the person knows such commodity or 
document to be used in any related activity or if the person had 
been informed by the National Committee for Control on Strategic 
Commodities (NCCSC). The law also bans commodities not mentioned in 
the Law Annex, but that have been decided on by NCCSC.  (Note: We 
understand that the annex is an Arabic translation of the annex used 
by Singapore. End Note.) 
 
¶6. (U) The law bans persons from intermediation or negotiation in 
deals that facilitate the conclusion of contracts involving 
concerned commodities or if persons are in doubt that such a 
contract may lead to transference of strategic commodities from one 
country to another. The law also bans dealing with doubtful 
documents, and disclosing relevant information. 
 
¶7. (U) The law stipulates setting up a National Committee for 
Control of Strategic Commodities (NCCSC). This Committee is to be 
headed by a representative from the UAE Ministry of Foreign Affairs 
with representatives from Ministries of Defense, Finance and 
Industry, Interior, Economy, Energy, Health, The Department of State 
Security, Federal Civil Aviation Authority (FCAA), Federal Customs 
Authority (FCA), Federal Environmental Authority (FEA), Federation 
of Chambers of Commerce and Industry (FCCI), and representatives 
from the free zones of each emirate. 
 
¶8. (U) The NCCSC has the authority to create enforcement 
regulations, licensing, follow-up control and inspection operations, 
to receive grievance applications and to coordinate with 'the 
National Control Committee for Import, Export and Re-export 
Control,' and also coordinate the preparation of semi-annual reports 
 
ABU DHABI 00000701  002 OF 002 
 
 
to be submitted to the cabinet, and any other assignment to be 
decided by the UAE Cabinet. 
 
¶9. (U) The law establishes an Executive Committee to handle the 
day-to-day work of the NCCSC. The Executive Committee will include 
technical and administrative staff. It will act as a contact point 
with government and non-government entities; it will receive 
applications for licensing, send notices, circulate the NCCSC's 
decisions to the concerned entities, provide secretarial services to 
the NCCSC, and undertake any other assignment decided upon by the 
NCCSC. 
 
¶10. (U) The UAE Cabinet shall issue a bylaw to specify licensing, 
forms, licensing validity, conditions for approval and rejections of 
applications, records, and inspection conditions. 
 
Chapter Three: Penalty 
------------------- 
 
¶11. (U) The penalty stipulated for illegal exports of strategic 
goods is a minimum prison term of one year and a maximum fine of 
500,000 dirham (approx USD 136,000), in addition to seizing the 
subject commodities/items.  The competent authority may double 
penalties for repeat offenses. 
 
Chapter Four:  Final Rules 
-------------------------- 
 
¶12. (U) This chapter deals with the responsibilities of UAE 
Government entities implementing this law. The law stipulates that 
the competent authority staff and other concerned entities, 
including the National Committee for Control of Strategic 
Commodities, are responsible for implementing the law.  The law 
stipulates also that this law supersedes previous regulations and 
that every existing provision that contradicts or is contrary to 
this law shall be null and void. 
 
SISON