Cabinet Resolution Concerning Issuing the Regulation for Controlling Violations of Precautionary Measures, Instructions, and Duties Imposed to Reduce Corona Virus (Covid 19) Outbreak

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Cabinet Resolution Concerning Issuing the Regulation for Controlling Violations of Precautionary Measures, Instructions, and Duties Imposed to Reduce Corona Virus (Covid 19) Outbreak

The last update on this law was listed on 24 Mar 2020

Issued Date

24 Mar 2020

Effective Date

24 Mar 2020

Official Gazette Date

31 Mar 2020

Official Gazette No

675

Legislation State

Active

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Index
Index
Article (1) Violation
Article (2) Control and Supervision Entities
Article (3) Administrative Penalty
Article (4) Fines Collection
Article (5) Grievance against the Administrative Penalties
Article (6) Execution
Article (7)
Cabinet Resolution No. (17) of 2020 Concerning Issuing the Regulation for Controlling Violations of Precautionary Measures, Instructions, and Duties Imposed to Reduce Corona Virus (Covid 19) Outbreak;

The Cabinet:

- Upon reviewing the Constitution;

- Federal Law No (1) of 1972 Concerning the Competences of the Ministries and the Authorities of the Ministers, as amended;

- Federal Law No (17) of 2006 Establishing the Supreme Council for National Security, and any amendments thereof;

- Federal Law No. (2) of 2011 Establishing the National Emergency, Crisis and Disasters Management Authority, and any amendments thereof;

- Federal Law No. (14) of 2014 concerning the Control of Communicable Diseases;

- Federal Law No. (14) of 2016 on Violations and Administrative Penalties in the Federal Government;

- The Cabinet Resolution No. (33) of 2016 concerning the Executive Regulation of the Federal Law No. (14) of 2014 concerning Control of communicable diseases;

- Based on the proposal of the Deputy Prime Minister and Minister of Presidential Affairs;

Resolved:

Article (1) Violation

1.Any natural or legal person shall not violate the precautionary measures, preventive measures, instructions, and duties concerning the maintenance of health and safety in order to control the risk of Corona Virus (Covid 19) outbreak issued by the Ministry of Health and Community Protection, the Ministry of Interior and National Emergency Crisis and Disaster Management Authority.
2.The aforementioned entities shall take the procedures of advertising and publishing these measures and instructions by all means.

Article (2) Control and Supervision Entities

The Ministry of Interior and Police General Headquarters in the State and the competent judicial control officers in the concerned federal and local government agencies, each according to their competence shall manage the following:
1.Controlling the extent to which the natural or legal person complies with the precautionary measures, preventive measures, instructions, and duties concerning the maintenance of health and safety in order to control the risk of Corona Virus (Covid 19) outbreak issued by the Ministry of Health and Community Protection, the Ministry of Interior and National Emergency Crisis and Disaster Management Authority.
2.Warning and giving instructions to abide by the measures and instructions and monitor the violations against such measures and instructions. The above warning or notice may be printed.
3.Making a report of the violation in case of refusing to respond to the warning or guidance, including the violator data, violation type of violation, administrative penalty imposed, violation date, and attaching any documents proving it.
Notwithstanding the foregoing, the Federal Public Prosecutor or his delegate may investigate and impose the fines prescribed in this resolution for any violations of Article (1) of this resolution that is seized.

Article (3) Administrative Penalty

Anyone who violates the precautionary measures, preventive measures, instructions and duties issued by the authorities referred to in Article 1/1 of this Resolution shall pay an administrative fine of no less than (500) five hundred dirhams and not exceeding (50,000) fifty thousand dirhams. The fine shall be doubled in case of repetition for one time only. The violator shall be referred to the Emergency, Crises and Disasters Prosecution of the Federal Public Prosecution if he commits the violation for the third time.
In all cases, the following is acceptable:
1.The violator shall be charged any expenses or costs for handling damages resulting from the violation.
2.The violator shall be referred to Emergency and Crises and Disasters Prosecution of the Federal Public Prosecution if the violation is criminalised according to the laws applicable in the State.
3.The violating facility shall be closed for a period not exceeding six months, and such period may be extended.
Under a resolution of The Federal Public Prosecutor, in the light of what is issued by the authorities referred to in Article 1/1 of this resolution, the violations to which the provisions of this decision are applied and the value of the fine for each of them shall be determined, provided that the fine shall not exceed the limit referred to in this Article in addition to the closing period of the violating facility.

Article (4) Fines Collection

The Ministry of the Interior and Police General Headquarters in the State, each within their jurisdiction, shall collect the value of fines from violators. It may coordinate with the relevant government agencies and seek their assistance if the violator fails to pay the value of the fine.

Article (5) Grievance against the Administrative Penalties

The violator may file a grievance against the administrative penalty imposed on him within (15) days from the date of notification of the violation of a justifiable grievance to be submitted to the Federal Emergency, Crises and Disasters Prosecution of the Federal Public Prosecution. The Federal Public Prosecution shall consider the grievance within (15) days from the date of its submission. The Federal Public Prosecution may, by a reasoned decision, take any of the following actions:
1.Grievance Denial
2.Reducing the administrative penalty.
3.Cancelling the grieved penalty.

Article (6) Execution

All federal and local authorities, each within its jurisdiction, shall implement the provisions of this Resolution.

Article (7)

This Resolution shall be published in the Official Gazette, and it shall come into force as of the date of its issue.