Federal Decree-Law · UAE

Federal Decree by Law Regulating the Profession of Experts before Judicial Authorities

Issued 26 September 2022 · In Force

We, Mohammed bin Zayed Al Nahyan, President of the United Arab Emirates,

Having reviewed:

The Constitution;
Federal Law No. (1) of 1972 Concerning the Competences of Ministries and the Powers of Ministers, as amended;
Federal Law No. (5) of 1985 Promulgating the Civil Transactions Law of the United Arab Emirates, as amended;
Federal Law No. (10) of 1992 Promulgating the Law of Evidence in Civil and Commercial Transactions, as amended;
Federal Law No. (11) of 1992 Promulgating the Civil Procedure Code, as amended;
Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Code, as amended;
Federal Law No. (7) of 2012 Regulating the Profession of Experts Before Judicial Authorities;
Federal Law No. (14) of 2016 Concerning Administrative Violations and Penalties in the Federal Government;
Federal Decree-Law No. (26) of 2019 on Public Finance;
Federal Decree-Law No. (31) of 2021 Promulgating the Law of Crimes and Penalties;
Federal Decree-Law No. (33) of 2021 Regulating Labor Relations; and
Based on the proposal of the Minister of Justice and approval of the Cabinet,

Hereby enact the following Decree-Law:

Article (1) — Definitions

For the purposes of applying the provisions of the Present Decree-Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise:

Term	Definition
The State (UAE)	The United Arab Emirates.
The Ministry	The Ministry of Justice.
The Minister	The Minister of Justice.
The Competent Licensing Authority	The local authority competent to license the profession of experts in the Emirate concerned.
The Competent Judicial Authority	The Federal Judicial Authority or the local judicial authority in the Emirate concerned.
The Competent Court of Appeal	The Federal Court of Appeal or the local court of appeal in the Emirate concerned.
The Committee	The Experts' Affairs Committee established in accordance with the provisions of this Decree-Law.
The Board	The Experts Disciplinary Board established in accordance with the provisions of this Decree-Law.
The Competent Department	The department concerned with regulating the profession of experts at the Ministry.
Profession of Experts	The profession of providing technical, financial, accounting, engineering, medical, forensic, digital, or other expert services, as specified by the Executive Regulations of this Decree-Law.
The Roster	The Roster of Experts and Expert Firms at the Ministry.
Expert Services	The services provided by the Expert or Expert Firm in accordance with the provisions of this Decree-Law.
Expert	The natural person registered in the Roster to provide Expert Services.
Expert Firm	The legal person registered in the Roster to provide Expert Services.
Technical Inspector	The Expert appointed by the Minister to audit the Expert's work and inspect the Expert Firm.
The Code of Conduct	The Code of Conduct for Experts and Expert Firms issued by a resolution of the Minister.

Article (2) — Objectives of the Law

This Decree-Law aims to achieve the following:

Regulating the provision of Expert Services before the Competent Judicial Authorities.
Providing qualified Experts and Expert Firms to assist the Competent Judicial Authorities.
Developing Expert Services and improving their quality.
Boosting confidence in the Experts and Expert Firms performing Expert Services.

Article (3) — Applicability

The provisions of this Decree-Law shall apply to any person performing Expert Services before the Competent Judicial Authorities in the State. The provisions of this Decree-Law shall not apply to local judicial authorities and arbitration centers that have their own local legislation regulating the profession of experts.

Article (4) — Practice of the Profession of Experts

No Expert or Expert Firm may practice the Profession of Experts before the Competent Judicial Authorities unless they are registered in the Roster.
By way of exception from the provisions of Clause (1) of this Article, the Competent Judicial Authority may, in cases where the litigants agree thereon, assign the Expert Services to an Expert or Expert Firm not registered in the Roster, provided that the Competent Judicial Authority approves such assignment.
The Executive Regulations of this Decree-Law shall specify the controls for the assignment of Expert Services to an Expert or Expert Firm not registered in the Roster.

Article (5) — The Roster of Experts and Expert Firms

A roster shall be established at the Ministry, to be named "The Roster of Experts and Expert Firms", in which Experts and Expert Firms shall be registered.
An individual file shall be opened for each Expert, in which all information related to him shall be recorded, including his technical assessment reports, the complaints filed against him, the disciplinary actions taken against him, and the decisions issued in this regard.
The Expert or Expert Firm shall notify the Competent Department of any change in the information contained in his file within (30) thirty days from the date of such change.
The Minister shall issue a resolution specifying the classification of Experts and Expert Firms, the categories of registration, the specialties, and the controls for licensing the Profession of Experts.

Article (6) — Conditions of Registration of the Expert in the Roster

The following conditions shall be met for the registration of the Expert in the Roster:

He shall be of full capacity, of good conduct and reputation, and shall not have been previously convicted of a felony or misdemeanor involving moral turpitude or dishonesty, even if he has been rehabilitated.
He shall hold a university degree or its equivalent in his field of specialization.
He shall have practical experience in his field of specialization for a period of not less than (5) five years for nationals, and (15) fifteen years for non-nationals.
He shall have a limited number of specialization areas, as specified by the Executive Regulations of this Decree-Law.
He shall obtain the approval of his employer to practice the Profession of Experts, if he is a government employee, or hold a valid commercial license to practice the Profession of Experts, if he is not a government employee.
He shall pass the training courses and examinations specified by the Executive Regulations of this Decree-Law.
He shall provide a professional liability insurance policy covering the risks of practicing the Profession of Experts.
He shall not have been previously struck off the Roster within (3) three years from the date of submitting the application for registration.

Article (7) — Conditions of Registration of Expert Firms in the Roster

The following conditions shall be met for the registration of the Expert Firm in the Roster:

It shall be licensed by the Competent Licensing Authority to practice the Profession of Experts.
Its supervising manager shall be registered in the Roster.
It shall have a minimum number of Experts registered in the Roster, as specified by the Executive Regulations of this Decree-Law.
It shall have a limited number of specialization areas, as specified by the Executive Regulations of this Decree-Law.
It shall provide a professional liability insurance policy covering the risks of practicing the Profession of Experts.

Article (8) — Exemption from Certain Conditions of Registration in the Roster

The Committee may, in cases of necessity, exempt natural persons or Expert Firms from some of the conditions stipulated in Clauses (3), (4), (5) and (6) of Article (6) and Clauses (3) and (4) of Article (7) of this Decree-Law, in the following cases: a. If the applicant for registration is a government employee. b. If the applicant for registration is an Expert already registered in the Roster prior to the entry into force of this Decree-Law. c. If the applicant for registration has scarce expertise in a specific field.
The Executive Regulations of this Decree-Law shall specify the controls for the exemption from the conditions of registration.

Article (9) — Procedures for Registration in the Roster

The application for registration in the Roster shall be submitted to the Competent Department, accompanied by the documents and information specified by the Executive Regulations of this Decree-Law.
The Competent Department shall examine the application and verify the fulfillment of the conditions of registration within (30) thirty days from the date of submitting the complete application.
The Competent Department shall refer the application to the Committee for decision within (30) thirty days from the date of its referral.
The Committee shall issue its decision on the application within (30) thirty days from the date of its referral, either by approving or rejecting the registration.
In case of rejection, the decision shall be reasoned, and the applicant shall be notified thereof within (15) fifteen days from the date of its issuance.
The applicant may appeal the rejection decision before the Competent Court of Appeal within (30) thirty days from the date of his notification thereof. The judgment of the Competent Court of Appeal shall be final.

Article (10) — Term of Registration in the Roster

The term of registration in the Roster shall be (3) three renewable years.
The Expert or Expert Firm shall submit an application for renewal of registration to the Competent Department at least (60) sixty days before the expiry of the registration term.
If the Expert or Expert Firm fails to submit the application for renewal within the period specified in Clause (2) of this Article, his name shall be struck off the Roster by a decision of the Committee.

Article (11) — Taking Legal Oath

The Expert shall, before commencing his work, take the following legal oath before the Competent Judicial Authority: "I swear by Almighty Allah to perform my work with honesty and integrity, and to respect the laws and regulations in force in the State."
The oath shall be recorded in a special register prepared for this purpose at the Competent Judicial Authority.

Article (12) — Practicing the Profession of Experts through a Licensed Expert Firm

The Expert shall practice the Profession of Experts through a licensed Expert Firm, unless he is a public official.
The Executive Regulations of this Decree-Law shall specify the controls for practicing the Profession of Experts through a licensed Expert Firm.

Article (13) — Ceasing to Practice the Profession of Experts

The Expert or Expert Firm may cease to practice the Profession of Experts by notifying the Competent Department thereof.
The period of cessation shall not be counted from the period of practical experience required for registration in the Roster.

Article (14) — Obligations of Experts

The Expert shall abide by the following:

Performing his work with accuracy, honesty, and independence.
Maintaining the confidentiality of information and documents that come to his knowledge by virtue of his work, and not disclosing them to any third party.
Not having any conflict of interest with any of the litigants.
Not accepting any prior consultations from any of the litigants regarding the subject matter of the Expert Services.
Developing his skills and knowledge continuously by attending training courses and workshops, as specified by the Executive Regulations of this Decree-Law.
Identifying himself properly on all documents and reports issued by him.
Notifying the Competent Department of any change in his contact information within (15) fifteen days from the date of such change.
Performing the Expert Services assigned to him within the specified period, unless there is a legitimate excuse.
Keeping records of all Expert Services performed by him, and the documents and information related thereto, for a period of not less than (5) five years.

Article (15) — Cases of the Expert's Withdrawal from Performing the Expert Services

The Expert shall withdraw from performing the Expert Services in the following cases:

If he has a familial relation with any of the litigants up to the fourth degree.
If he has a personal interest in the subject matter of the Expert Services.
If he has a conflict of interest with any of the litigants.
If he has previously provided consultations to any of the litigants regarding the subject matter of the Expert Services.
Any other cases specified by the Executive Regulations of this Decree-Law.

Article (16) — Committee of Experts

The Competent Judicial Authority may, in cases of necessity, form a committee of Experts to perform the Expert Services in a dispute.
The committee shall submit a unified report, and any dissenting Expert shall state his opinion in the report.

Article (17) — Notification of Criminal Actions

The Competent Judicial Authority shall notify the Competent Department of any criminal action filed against an Expert or Expert Firm, and of the final judgment issued therein.

Article (18) — Procedures for Assessment of the Expert's Work

The Competent Department shall prepare an annual technical assessment report for each Expert, based on the quality of his work, his commitment to the Code of Conduct, and his compliance with the provisions of this Decree-Law.
The Expert shall be notified of the assessment report, and he may submit his comments thereon to the Competent Department within (15) fifteen days from the date of his notification.
The Expert may lodge a complaint against the assessment report before the Committee within (30) thirty days from the date of his notification of the report. The decision of the Committee shall be final.

Article (19) — Effects of the Result of the Assessment

If the technical assessment report shows that the Expert's performance is average, the Competent Department shall issue a warning to him and oblige him to attend training courses specified by the Committee.
If the technical assessment report shows that the Expert's performance is poor, the Committee may decide to suspend his registration in the Roster for a period not exceeding (6) six months, or strike him off the Roster, as specified by the Executive Regulations of this Decree-Law.

Article (20) — Cases of Striking the Expert or Expert Firm off the Roster

The Expert or Expert Firm shall be struck off the Roster in the following cases:

If he loses any of the conditions of registration stipulated in this Decree-Law.
If he becomes medically unfit to perform his work, based on a medical report issued by a specialized medical committee.
If he repeatedly receives poor technical assessment reports.
If he requests to be struck off the Roster.
Any other cases specified by the Executive Regulations of this Decree-Law.

Article (21) — Establishment and Formation of the Experts' Affairs Committee

A committee shall be established at the Ministry, to be named "The Experts' Affairs Committee", which shall be responsible for regulating the Profession of Experts.
The Minister shall issue a resolution specifying the formation of the Committee, its chairman, members, and rules of procedure.

Article (22) — Competences of the Experts' Affairs Committee

The Committee shall have the following competences:

Examining applications for registration in the Roster and issuing decisions thereon.
Examining complaints filed against Experts and Expert Firms.
Reviewing the technical assessment reports of Experts and Expert Firms.
Deciding on complaints lodged against the technical assessment reports.
Any other competences assigned to it by the Minister.

Article (23) — Referral of Complaints to the Committee

Any person concerned may file a complaint against an Expert or Expert Firm to the Competent Department.
The Competent Department shall notify the Expert or Expert Firm of the complaint and refer it to the Committee within (15) fifteen days from the date of its receipt.
The Expert or Expert Firm shall submit his response to the complaint to the Committee within (15) fifteen days from the date of his notification thereof.

Article (24) — Establishment and Formation of the Disciplinary Board

A board shall be established at the Ministry, to be named "The Experts Disciplinary Board", which shall be responsible for disciplining Experts and Expert Firms.
The Minister shall issue a resolution specifying the formation of the Board, its chairman, members, and rules of procedure.

Article (25) — Instituting and Investigating into the Disciplinary Action

The disciplinary action shall be instituted by a decision of the Minister, based on a recommendation from the Committee.
The Competent Department shall investigate the disciplinary action and submit its report to the Board.
The Board may decide to temporarily suspend the Expert or Expert Firm from practicing his work during the investigation period, if necessary.

Article (26) — Conduct of Trial Proceedings

The Board shall notify the Expert or Expert Firm of the disciplinary action and the date of the hearing at least (15) fifteen days before the date of the hearing.
The Expert or Expert Firm may attend the hearing in person or be represented by a lawyer.
The Board shall hear the statements of the Expert or Expert Firm, the complainant, and any witnesses.

Article (27) — Hearings of the Board and Appealing its Judgments

The hearings of the Board shall be held in camera.
The Board may issue its judgment in absentia if the Expert or Expert Firm fails to attend the hearing without a legitimate excuse.
The Expert or Expert Firm may appeal the judgment of the Board before the Competent Court of Appeal within (30) thirty days from the date of his notification thereof. The judgment of the Competent Court of Appeal shall be final.

Article (28) — Judgments Delivered in Disciplinary Actions

The judgments delivered in disciplinary actions shall be reasoned and shall be read in camera.

Article (29) — Disciplinary Penalties

The disciplinary penalties that may be imposed on the Expert or Expert Firm are as follows:

Reprimand.
Warning.
Suspension of registration in the Roster for a period not exceeding (1) one year.
Striking off the Roster.

Article (30) — Expert's Fees and Expenses Allowance

The Expert or Expert Firm shall be entitled to fees and expenses for the Expert Services performed by him.
The Competent Judicial Authority shall determine the fees and expenses, taking into account the nature of the Expert Services, the effort exerted, the time spent, and the experience of the Expert or Expert Firm.

Article (31) — Fees of Experts and Expert Firms in Criminal Actions

The fees of Experts and Expert Firms in criminal actions shall be borne by the Competent Judicial Authority, unless it decides to charge them to the complainant.
The Executive Regulations of this Decree-Law shall specify the controls for determining the fees of Experts and Expert Firms in criminal actions.

Article (32) — Code of Conduct for Experts and Expert Firms

The Minister shall issue a resolution specifying the Code of Conduct for Experts and Expert Firms.
Any violation of the Code of Conduct shall be subject to the disciplinary penalties stipulated in this Decree-Law.

Article (33) — The Penalty for Preventing the Expert from Performing His Work

Without prejudice to any severer penalty stipulated in any other law, any person who intentionally prevents the Expert from performing his work shall be punished by imprisonment for a period not exceeding (6) six months and/or a fine not exceeding (50,000) fifty thousand Dirhams.

Article (34) — The Penalty for Impersonating an Expert

Without prejudice to any severer penalty stipulated in any other law, any person who impersonates an Expert or practices the Profession of Experts without being registered in the Roster, or while his registration is suspended or struck off, shall be punished by imprisonment for a period not exceeding (1) one year and/or a fine not exceeding (100,000) one hundred thousand Dirhams.

Article (35) — The Penalty for the Expert's Breach of His Obligations

Without prejudice to any severer penalty stipulated in any other law, any Expert who breaches any of the obligations stipulated in Clauses (1), (2), (3) and (4) of Article (14) of this Decree-Law shall be punished by imprisonment for a period not exceeding (6) six months and/or a fine not exceeding (50,000) fifty thousand Dirhams.

Article (36) — Imposition of the Severer Penalty

The penalties stipulated in this Decree-Law shall not prejudice the imposition of any severer penalty stipulated in any other law.

Article (37) — Appointment of Experts to Assist Judges

The Competent Judicial Authority may appoint local or international Experts to assist judges in their work, in accordance with the provisions of the Civil Procedure Code.

Article (38) — Appointment of the Technical Inspector and Determination of His Tasks

The Minister may appoint Experts to perform special cases, audit the work of Experts, and conduct technical inspection of Expert Firms.
The Executive Regulations of this Decree-Law shall specify the conditions for the appointment of the Technical Inspector and the determination of his tasks.

Article (39) — Capacity of Judicial Officers

The Experts appointed in the Competent Department shall have the capacity of judicial officers in detecting violations of the provisions of this Decree-Law and its Executive Regulations.

Article (40) — Administrative Penalty Regulations

The Cabinet shall issue a resolution specifying the administrative penalty regulations for violations of the provisions of this Decree-Law and its Executive Regulations.

Article (41) — Adjustment of Affairs

Experts and Expert Firms shall adjust their affairs in accordance with the provisions of this Decree-Law within (1) one year from the date of its entry into force. The Cabinet may, by a resolution, extend this period for another similar period.

Article (42) — Fees

The Cabinet shall issue a resolution determining the fees for implementing the provisions of this Decree-Law.

Article (43) — Executive Regulations

The Cabinet shall issue the Executive Regulations of this Decree-Law within (6) six months from the date of its publication in the Official Gazette.

Article (44) — Implementing Resolutions

The Minister shall issue the necessary resolutions for implementing the provisions of this Decree-Law.

Article (45) — Repeals

Federal Law No. (7) of 2012 Regulating the Profession of Experts Before Judicial Authorities shall be repealed.
Any provision that contradicts the provisions of this Decree-Law shall be repealed.
The executive regulations and resolutions issued in implementation of Federal Law No. (7) of 2012 shall remain in force, to the extent that they do not contradict the provisions of this Decree-Law, until new executive regulations and resolutions are issued in accordance with the provisions of this Decree-Law.

Article (46) — Publishing and Entry into force of the Decree-Law

This Decree-Law shall be published in the Official Gazette and enter into force on 2 January 2023.

Mohammed bin Zayed Al Nahyan President of the United Arab Emirates Issued in Presidential Palace - Abu Dhabi on: 30 Safar 1444 AH 26 September 2022 AD

Source: uaelegislation.gov.ae