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UAE: New Anti-money Laundering and Terrorist Financing Guidance Issued Uncategorized

UAE: New Anti-money Laundering and Terrorist Financing Guidance Issued

  • 05/10/202105/10/2021
  • by Benjamin Filaferro

The UAE’s Central Bank has issued new guidance on anti-money laundering and terrorist financing for its licensed financial institutions who provide services to cash-intensive businesses.

It came into force on 28 September and requires Licensed Financial Institutions to demonstrate compliance with its requirements within one month of the 28 September. It is aimed at helping these entities understand and effectively implement their statutory obligations in this area.

Entities providing services to cash intensive businesses must take a risk-based approach in their anti-money laundering programmes by assessing all customers to determine their degree of risk. Licensed Financial Institutions also have to perform appropriate customer due diligence which consists of customer and beneficial owners identification, understanding the customer’s business and monitor the business relationship on an ongoing basis.

Licensed Financial Institutions should also obtain appropriate information regarding the source of cash deposited in a customer’s account as well as mandate the use of Emirates ID for cash deposits in ATMs.

In addition, they should maintain transaction monitoring systems equipped to identify patterns of activity which appear unusual and potentially suspicious and report any behaviour they reasonably suspect may be linked to money laundering, terrorist financing or other criminal offence by submitting suspicious activity/transaction reports directly to the UAE’s Financial Intelligence Unit via the goAML portal. Also reported in Alroeya on 3 October 2021. For full story, click here.

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Dubai: Special Judicial Department Established to Consider Money Laundering Cases News developments

Dubai: Special Judicial Department Established to Consider Money Laundering Cases

  • 03/10/202103/10/2021
  • by Benjamin Filaferro

Alabayan, 21 September 2021: The Chief of the Court of Appeal has revealed that a special judicial department has been established to consider the cases involving money laundering.

The new department consists of three judges and will work once a week according to the chief. The chief has said that the establishment of the department came as part of the national strategy for combating money laundering crimes. He has added it will enable related cases to be considered efficiently and quickly. The aim is to achieve judicial excellence and enhance integrity and transparency in economic activities.  

For full story see: https://www.albayan.ae/uae/news/2021-09-29-1.4257428

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Dubai: Region’s First Smart Court to be Launched News developments

Dubai: Region’s First Smart Court to be Launched

  • 28/09/202128/09/2021
  • by Benjamin Filaferro

Alroeya, 26 September 2021: The Jebel Ali Free Zone and Dubai Courts have announced they have launched the region’s first smart court.

It will consider the cases related to labour disputes for companies registered in the Free Zone.

The parties to a dispute will be able to attend a virtual court which will be connected with the Dubai Courts.

The smart court will create an environment similar to the classical courts with more integrated services. Almost 8,500 companies from 140 countries will benefit from the court’s services.

The aim of launching the smart court is to create a flexible judicial environment which will protect employee’s rights in the free zone and help improve judicial proceedings.

For full story, click here.

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Ummal Quwain: Foreign Freehold Real Estate Ownership Decision Issued News developments

Ummal Quwain: Foreign Freehold Real Estate Ownership Decision Issued

  • 26/09/202126/09/2021
  • by Benjamin Filaferro

Ummal Quwain’s Ruler has issued Ummal Quwain Decision No. 4/2021 on foreign freehold real estate ownership in the Emirate.

Under the Decision, foreigners, limited liability companies partially owned by foreigners, free zone companies and offshore companies will be able to own freehold real estate ownership.

Any legislation which contradicts or contravenes it will be repealed.

It also states specific freehold ownership zones will be determined under a Decision from the Ruler and taking real estate development, freehold real estate ownership for foreigners or any other relevant considerations into account.

It will be published in the Official Gazette and come into force on its issued date.

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Dubai International Financial Centre Issues Employment Law Amendments News developments

Dubai International Financial Centre Issues Employment Law Amendments

  • 21/09/202121/09/2021
  • by Benjamin Filaferro

Dubai’s International Financial Centre has enacted the Employment Law Amendment Law, DIFC Law No. 4/2021.

It brings the Qualifying Scheme regime under the Employment Law in line with the DFSA’s Employee Money Purchase Scheme, so that only a single layer of regulation is applied to these schemes.

The amendments also clarify the application of limitation periods to claims made under the Employment Law, the accrual of vacation leave, the duration of the probationary period for short term fixed-term contracts and certain definitions in the Law.

In addition, it modifies the basic workplace health and safety requirements under the Employment Law, to take working from home arrangements into account.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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Dubai: Emirates Maritime Arbitration Centre to be Dissolved News developments

Dubai: Emirates Maritime Arbitration Centre to be Dissolved

  • 21/09/202121/09/2021
  • by Benjamin Filaferro

Dubai’s Ruler has issued Dubai Decree No. 34/2021 dissolving the Emirates Maritime Arbitration Centre.

The Dubai International Financial Centre Arbitration Institute will also be dissolved.

Their operations and assets will be emerged into a Dubai International Arbitration Centre. It will be an independent non-profit institution and will provide regional and international business communities with world-class arbitration services.

Ownership of real estate, assets, funds, staff, financial allocations and membership base will also be transferred to the new Centre.

The Decree specifies the Centre’s objectives, functions and organisational structure. It will have a Board of Directors as well as an arbitration court which will be established in line with the new structure and an administrative unit.

The court will have 13 members, including a President and Vice President. Its members will have locally and internationally accredited arbitration expertise and will be appointed by decisions of the Centre’s Board of Directors for a non-renewable term of four years.

Dubai Decree No. 10/2004 will be repealed.

The Dubai Courts and DIFC Courts will continue to hear claims, applications and appeals related to arbitration proceedings conducted in tribunals of the dissolved arbitration centres.

Anything which contradicts or contravenes the Decree will be repealed.

The Centre will have to comply with the Decree within six months.

The aim is to boost the efficiency of the Emirate’s alternative dispute resolution sector and reinforce its status as a global arbitration hub. Also reported in Alroeya on 18 September 2021. For full story, click here.

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Abu Dhabi: Creative Media Authority to be Established News developments

Abu Dhabi: Creative Media Authority to be Established

  • 19/09/202119/09/2021
  • by Benjamin Filaferro

Alroeya, 15 September 2021: Abu Dhabi’s Ruler has issued a law establishing a Creative Media Authority.

It will report to the Culture and Tourism Department.

It will be responsible for promoting the growth of the creative sector in the Emirate and providing the necessary infrastructure for the prosperity of creative institutions.

This will be done by regulating and supervising the activities of creative media production for private sector companies and developing initiatives to attract, motivate and develop talents in the creative field as well as SMEs. For full story, click here.

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UAE: Emiratisation Quotas for Private Companies Announced News developments

UAE: Emiratisation Quotas for Private Companies Announced

  • 13/09/202113/09/2021
  • by Benjamin Filaferro

Arab News, 12 September 2021: The UAE Government has announced Emiratisation quotas for private companies.

The quotas mean private company employers will have to ensure 10% of employees are Emiratis.

These companies will have five years to comply.

For the first year, the requirement will be 2%.

It will only apply to skilled labour positions.

In addition, 24 billion AED will be allocated to create 75,000 private sector jobs for Emiratis.

There will also be allowances, bonuses and other monetary incentives for UAE nationals, especially those working in programming, nursing and entrepreneurship.

Elsewhere, Emirati Government employees who want to set up their own business will be granted partially paid leave of absence for up to a year.

Training programmes for Emiratis transferring from the public to private sector will also be hosted.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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UAE: Data Privacy Law on the Way News developments

UAE: Data Privacy Law on the Way

  • 07/09/202107/09/2021
  • by Benjamin Filaferro

Khaleej Times, 5 September 2021: The UAE authorities have announced a data privacy law is on the way.

It will be introduced as part of the Projects of the 50 programme.

It will be drafted together with major technology companies.

It will be the country’s first law in this area and will enable individuals to control the way their personal information is used, stored and shared.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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Abu Dhabi: Energy Department Issues Regulatory Policy for Clean Energy Certificates News developments

Abu Dhabi: Energy Department Issues Regulatory Policy for Clean Energy Certificates

  • 02/09/202102/09/2021
  • by Benjamin Filaferro

Abu Dhabi’s Energy Department has announced it has launched a Regulatory Policy for Clean Energy Certificates.

The Policy sets out the regulations and principles for implementing a clean energy certificates scheme in the Emirate.

It follows news last week that the Department has been granted powers to issue these certificates.

It is aimed at helping to reduce the carbon footprint of power generation in the Emirate and providing a reliable accreditation system.

The Clean Energy Certificates scheme has been modelled on the internationally recognised attribute tracking system for renewable energy certificates developed by the International Renewable Energy Certificate Standard Foundation (I-REC Standard).

The I-REC Standard is responsible for providing a single central registry platform and the I-REC Registry will keep and update records of the full lifecycle of ownership and use of the issued Clean Energy Certificates. It will record all trading transactions, verify claims and ensure there is no Clean Energy Certificate double counting.

The Emirates Water and Electricity Company will act as a Single Registrant for the electricity injected into the grid from DoE licensed generation entities.

They will also ensure all generation plants producing clean energy in the Emirate are listed in the I-REC Registry. Businesses or consumers who want to obtain a clean energy certificate can act as Participants but will have to open an account in the I-REC Registry platform.

The certificates will be issued in units of 1 MW/h after receiving a request from the Single Registrant. The Participants can then purchase certificates and allocate beneficiaries.

Clean Energy Certificates are voluntary tradeable financial instruments which certify the purchase of a specific amount of electricity which has been generated from a clean energy source. Once the solar or nuclear energy is fed into the grid, the Clean Energy Certificates can be traded as credits to claim the environmental and social benefits of low carbon energy consumption.

Anyone can act as a Participant and can purchase the certificates and sell them in whole or in part to end customers. The Single Registrant can also act as a Participant if they are approved by the Energy Department. This allows anyone to benefit from the system, regardless of their level of consumption. Anyone can buy certificates which guarantee the electricity they consume does not emit carbon.

Unlike I-REC systems in other regions, the Energy Department will not charge for acting as a local Issuer.

Also reported in Alroeya on 29 August 2021. For full story, click here.

To view more news items and other content we have available, visit lexis.ae/demo to book a demo and start your free trial of Lexis® Middle East.

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