A new ministerial decision, No. 295 of 2002, has been issued by the UAE Government, for the formation of a ‘National Committee to Counter Commercial Fraud’.
The ministerial decision is based on five existing laws, whose dates range from 1972 to 2002. Particularly important are the federal laws concerned with trademark protection, governmental procedures for forming committees, and laws dealing with fraud.
The Committee is headed by Deputy-Minister, Saif Bin Sabet, and has a total of 12 members. A representative from each individual Emirate where a particular fraud incident occurred can join those 12 permanent members.
The responsibilities of the committee include:
1- Providing an overall examination of commercial fraud and the counterfeiting and forgery of trademarks.
2- Investigating the complaints referred to the Committee by Ministries and the Federal Authorities, as well as, the specialized local authorities. To be eligible, those complaints must be based on clear violations of Federal Law No. 4 of 1979, and its Implementing Regulations. The Committee will then produce a report and hand it to the Minister of Economics and Commerce who will decide to take the measures he deems necessary.
3- Investigating the complaints referred to the Committee by individuals, companies, institutions, public and private associations. Those complaints must be based on clear violations of Federal Law No. 4 of 1979, and its Implementing Regulations.
4- Examining any issues referred to the Committee by the Minister of Economics and Commerce.
The Committee should complete its investigations and hand over its reports within two months from the date of receiving the complaint or concerns.
Lastly, the Decision 295 of 2002, annuls previous decisions, No. 27 of 1987 and No. 71 of 2002, dealing with the formation of counter-fraud committees.
Decision 295 of 2002 will go into effect once published in the Official Gazette.