Cabinet Resolution No. (12) of 2021

The Cabinet:

Having reviewed the Constitution;

• Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended;
• Federal Law No. (26) of 1981 Regarding the Maritime Commercial Law, as amended;
• Federal Law No. (9) of 2011 Regarding Land Transportation, as amended;
• Federal Law No. (14) of 2016 Regarding the Administrative Violations and Penalties in the Federal Government;
• Federal Law No. (14) of 2017 Regarding Petroleum Products Trading;
• Federal Decree by Law No. (26) of 2019 Regarding Public Finance;
• Cabinet Resolution No. (27) of 2005 Regarding the Fees for Services Provided by the Maritime Affairs Department at the Ministry of Transport;
• Cabinet Resolution No. (17) of 2010 Regarding the Regulation of the Use and Exploitation of Federal Roads and Facilities;
• Cabinet Resolution No. (28) of 2012 Regarding the Federal Fees and Fines for Land Transport Sector Services in the State;
• Cabinet Resolution No. (7) of 2013 Regarding the Fees for the Sale of Geological Reports, Publications, and Maps;
• Cabinet Resolution No. (4) of 2015 Regarding the Fees for Services Provided by the Ministry of Infrastructure Development, as amended; and

Upon the proposal of the Minister of Finance and the approval of the Cabinet,

Hereby resolves as follows:

Article (1) — Definitions

For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:

State: The United Arab Emirates.

Ministry: The Ministry of Energy and Infrastructure.

Minister: The Minister of Energy and Infrastructure.

Laboratory: The laboratory affiliated with the Ministry that is competent to examine construction materials.

Register: Any register established at the Ministry in which the data of soil investigation contractors, consultants, contractors, or suppliers for construction works are recorded.

Federal Roads and Facilities: The roads and facilities subject to the provisions of this Resolution, as determined by a decision to be issued by the Minister.

Operating License: A license issued by the Ministry to carry out land transport activity.

Operating Card: A document issued by the Ministry by which a land transport vehicle is authorized to work in the field of the licensed activity in the State.

Automobile and Touring Clubs: The authority accredited in the State to provide public services to vehicle owners, such as issuing Carnets de Passages en Douane (CPD) for private vehicles and International Driving Licenses (IDL).

International Land Transport: Any road transport of persons or goods from the State to outside the State or vice versa, using licensed land transport vehicles for consideration.

Guarantor: The authority established in the State in accordance with the provisions of Federal Law No. (9) of 2011 Regarding Land Transportation, which guarantees the payment of fees and taxes applicable to national and foreign carriers under land transport cards issued thereby or by any similar authority in another country.

Local Agent: The natural or legal person appointed by the international transport or shipping company to represent it in all matters related to the obligations and procedures applicable to land transport within the State.

Article (2) — Service Fees

1. The fees specified opposite each service shall be collected in consideration of the services provided by the Ministry as set out in Schedules Nos. (1), (2), (3), (6), and (7) attached to this Resolution.
2. A fee of AED (6.5) per ton of the gross tonnage of the ship shall be collected for the transfer of ownership of a national commercial ship, provided that the maximum fee shall not exceed (ten thousand Dirhams) and the minimum fee shall not be less than (200) Dirhams.
3. A fee of (6.5) Dirhams per (ton) of the gross tonnage of the ship shall be collected for the issuance of a license for a pleasure ship owned by a foreigner. Besides, a renewal fee of AED (3) shall also be collected for each ton of the gross tonnage of the ship, provided that the fee shall not be less than (500) Dirhams.
4. Upon the issuance of each navigation license for a foreign ship working in the territorial waters of the State, a fee of AED (7) shall be collected for each ton of the recorded gross tonnage of the ship. Upon the extension of this license for a period not exceeding one year, a fee of AED (5) shall be collected for each ton of the recorded gross tonnage of the ship, provided that the maximum fee is (150,000) Dirhams and shall not be less than (500) Dirhams.
5. Repealed pursuant to Cabinet Resolution No. (76) of 2022.
6. Repealed pursuant to Cabinet Resolution No. (76) of 2022.
7. The service fees set out in items (204) to (268) shall not include packaging, shipping or customs expenses.

Article (3) — Administrative Penalties and Violations

1. The Ministry shall collect the administrative fines stipulated in Table No. (4) attached to this Resolution.
2. The Ministry shall collect the administrative fines stipulated in Table No. (5) attached to this Resolution for road encroachments and damages resulting from accidents and violations on federal roads.
3. The Ministry shall collect the following administrative fines: a. An administrative fine of AED (100) one hundred Dirhams shall be imposed on soil investigation contractors for each year of delay in renewing registration at the Register. b. An administrative fine of AED (500) five hundred Dirhams shall be imposed on consultants, contractors, and suppliers of construction works for each year of delay in renewing registration at the Register. c. The fines aforementioned in Paragraphs (a) and (b) of this Article shall be collected, in addition to the fees for renewal of registration in the Register as shown in the Schedule annexed to this Resolution, provided that such fines shall not exceed three years. Where registration is not renewed for a period exceeding that, the registration shall be cancelled from the Register. d. For the purposes of calculating the fines stipulated in Paragraphs (a) and (b) of this Article, a part of a year shall be deemed a full year. e. An administrative fine shall be imposed if a pleasure ship license (for a national or a foreigner) is not renewed within (60) sixty days from the expiry date, at a rate of (50) Dirhams per month of delay or part thereof, provided that the maximum fine shall be (200) Dirhams. f. An administrative fine shall be imposed if a navigation license for a national commercial ship is not renewed within (60) sixty days from the expiry date, at a rate of (100) Dirhams per month of delay or part thereof, provided that the maximum fine shall be (1000) Dirhams. g. An administrative fine shall be imposed if the minimum safe manning certificate of a national commercial ship is not renewed within (60) sixty days from the expiry date, at a rate of (50) Dirhams per month of delay or part thereof, provided that the maximum fine shall be (300) Dirhams. h. An administrative fine shall be imposed where the license to work on a ship is not renewed within (60) sixty days from the expiry date, at a rate of (50) Dirhams per month of delay or part thereof, provided that the maximum fine shall be (200) Dirhams.
4. Any interested party may submit a written grievance to the Ministry against any of the aforementioned administrative fines in this Resolution that is imposed on them within (15) fifteen days from the date of notification of the contested decision, provided that the grievance shall be justified, and all supporting documents are attached thereto. The Grievance shall be decided upon within (30) thirty days from the date of submission pursuant to procedures applicable in the Ministry.

Article (4) — Amendments of Fees and Fines

The Cabinet shall be vested with the competence to make any amendments to the administrative fees and fines stipulated in this Resolution, whether by addition, deletion, or modification.

Article (5) — Collection of Fees and Fines

Fees and fines stipulated in this Resolution shall be collected through the means determined by the Ministry of Finance.

Article (6) — Bank Guarantee

Each of the Guarantor and Automobile and Touring Clubs shall provide a bank guarantee of one million Dirhams in the name of the Ministry issued by one of the banks working in the State upon the issuance of a license to practice the activity of issuing Carnet de Passages en Douane (CPD) for private vehicles, International Driving License (IDL), and transit cards for trucks and passenger buses. The bank guarantee shall be valid for an unlimited period, and it shall not be returned to the license holder except after the lapse of (90) days as of the cancellation date of the license.

Article (7) — Costs of Designing and Constructing Access Points for Private Investment Projects

The Ministry shall collect the costs of designing and constructing any permanent access points for private investment projects on federal roads from the entities owning such projects, in addition to administrative, supervisory, and maintenance expenses of (10%) of the cost value. Coordination shall be made between the Ministry and the Ministry of Finance to determine the mechanism for the collection of such costs from the entities owning such projects and the method to pay the dues of the entities undertaking the design and construction works.

Article (8) — Regulation of the Utilization of Federal Roads and Facilities

The Ministry shall have the exclusive right to utilize Federal Roads and Facilities pursuant to the provisions stipulated in this Resolution. The Ministry shall also be entitled to designate the right-of-way in accordance with the controls issued by the Minister in this respect.

Article (9)

1. Without prejudice to the competencies legally assigned to any other federal entity, the Ministry shall be competent for the following: a. Estimating the extent of damages and violations arising due to traffic accidents and encroachments on federal roads and determining the cost of repairing them. b. Determining the costs of removing and remedying the violations and encroachments that are not removed or remedied by the violators in the manner deemed appropriate by the Ministry. c. Performing necessary repairs to remedy the impacts of traffic accidents and encroachments. d. Removing the committed violations if the same are not removed within the period designated by the Ministry.
2. The Ministry shall notify the responsible parties and the violators of the provisions of this resolution to pay the cost of the above-mentioned repair and removal works, in addition to 15% as administrative and supervisory expenses, and these shall be remitted to the public treasury of the State.
3. The Minister or their delegate shall consider the grievance petitions submitted to the Ministry with respect to the stipulation of Paragraph (1) of this Article, provided that the suitable way to accept such grievances shall be determined within a month from the date of notifying the responsible parties and the violators to pay the cost of repair and removal. The decisions of the Minister or their delegate shall be final for the grievances submitted thereto in this respect.

Article (10)

Entities that are authorized to work at the right-of-way of the Federal Roads and Facilities shall provide financial guarantees determined by the Ministry as a guarantee of their compliance with the technical and legal specifications of roads and the repair of any damages that may be caused to the road or its appurtenances. This shall be done by either of the following:

a. Providing guarantees in the form of amounts of money to be deposited in cash at bank accounts determined by the Ministry of Finance for this purpose. b. Providing bank guarantee letters issued by one of the banks working in the State, provided such letters shall be unconditional, irrevocable, and of the same amounts. This shall be pursuant to the rules determined by the Ministry in coordination with the Ministry of Finance.

Article (11)

1. The Ministry may collect fees for the placement of advertisements and advertising means on Federal Roads and Facilities, provided that such fees shall be in coordination with the Ministry of Finance and in accordance with the controls and executive regulation of this Resolution. A Cabinet resolution shall be issued regarding these fees based on the proposal of the Minister of Finance.
2. The Ministry shall be entitled to conclude contracts with specialized companies and institutions to grant them the right to exploit the Federal Roads and Facilities through advertisements and media in accordance with the tendering or auction systems applicable in the Federal Government.

Article (12)

The Ministry may collect fees for the use of Federal Roads and Facilities after coordination with the Ministry of Finance and Ministry of Interior. The Cabinet shall issue a resolution regarding such fees and the dates of their collection based on the proposal of the Minister of Finance.

Article (13)

The Ministry may determine the speeds allowed on the federal roads and the locations for installing radars thereon, in coordination with the Ministry of Interior, provided that all revenues generated from radars fixed on federal roads shall accrue to the public treasury of the State.

Article (14) — Final Provisions

The Ministry's employees designated by a decision of the Minister of Justice in agreement with the Minister shall have the capacity of judicial enforcement officers to detect and record violations subject to the provisions of this Resolution and the regulations and controls issued in implementation hereof within the scope of their respective competencies.

Article (15) — Executive Resolutions

1. The Minister shall issue the Resolutions necessary for the implementation of the provisions of this Resolution.
2. The Minister shall designate the Federal Roads and Facilities on which this Resolution shall be applicable.

Article (16) — Repeals

1. The following resolutions shall be repealed: a. Cabinet Resolution No. (27) of 2005 Regarding the Fees for Services Provided by the Maritime Affairs Department at the Ministry of Transport. b. Cabinet Resolution No. (17) of 2010 Regarding the Regulation of the Use and Exploitation of Federal Roads and Facilities. c. Cabinet Resolution No. (28) of 2012 Regarding the Federal Fees and Fines for Land Transport Sector Services in the State. d. Cabinet Resolution No. (7) of 2013 Regarding the Fees for the Sale of Geological Reports, Publications, and Maps. e. Cabinet Resolution No. (4) of 2015 Regarding the Fees for Services Provided by the Ministry of Infrastructure Development, as amended. f. Minister of Finance Resolution No. (268) of 2006. g. Minister of Finance Resolution No. (108) of 2007.
2. Any provision that contradicts or conflicts with this Resolution shall be repealed.

Article (17) — Publication and Entry into Force

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

Mohamed Bin Rashid Al Maktoum Prime Minister

Issued by Us: On: 11 Jumada Al-Akhirah 1442 A.H. Corresponding To: 24 January 2021 A.D.

A. Laboratory Tests and Analyses:

Aggregates

Concrete Cube

Concrete Core

Pillar

Concrete Blocks

Concrete Tiles

Concrete Pavements

Concrete

Water

Tiles

Soil

Bitumen

Iron

Pigments

Cement

Mortar/plaster

Waterproofing

B. On-Site Testing:

C. Copies of Project Drawings for Electrical Works:

D. Registration of Consultants Contractors, and Suppliers for Construction Works:

E. Re-Review of Designs for Contractors and Sub-Contractors in the Absence of a Consultant:

F. Supervision of Construction Sites:

G. Interviewing Engineers and Inspectors:

H. No Objection Certificates:

I. Use of Federal Road Exits and Entrances:

J. Sale of Copies of Reports and Films:

K. Sale of Copies of Geological Studies Publications of State Lands:

L. Sale of Copies of Geological Maps at Various Scales:

M. Representative Card:

N. Licenses for Seamen on National Commercial Ships, Pleasure Ships, and Foreign Ships Operating in the Territorial Waters of the State:

O. Technical Report for a National or Foreign Ship:

Land Transport Sector Service Fees

First: Operating Licenses and National Vehicle Operating Cards

Second: Land Transport Agents

Third: Automobile and Touring Clubs/guarantor Services

Fourth: Permits for Foreign Land Transport Vehicles

Services Related to Ships and Maritime Vessels