Cabinet Resolution Concerning the Mechanisms for Collecting Contributions Due to the NAFIS Fund

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The last update on this law was listed on 15 Jul 2024

Issued Date

15 Jul 2024

Effective Date

01 Aug 2024

Official Gazette Date

31 Jul 2024

Official Gazette No

780

Legislation State

Active

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Index
Article (1) Definitions
Article (2) Collection Mechanism
Article (3) Collection Period
Article (4) Executive Resolutions
Article (5) Publication and Entry into Force
Cabinet Resolution No. (85) of 2024 Concerning the Mechanisms for Collecting Contributions Due to the NAFIS Fund

The Cabinet,
- Upon reviewing the Constitution; and
- Federal Law No. (1) of 1972, Concerning the Competences of Ministries and the Capacities of Ministers, as amended; and
- Federal Decree-Law No. (15) of 2018, Concerning the Collection of Public Revenues and Funds, as amended; and
- Federal Decree-Law No. (27) of 2021, Establishing and Organizing of the Emirati Talent Competitiveness Council; and
- Cabinet Resolution No. (58) of 2022, Establishing NAFIS Fund;
- Based upon the proposal submitted by His Highness, Chairman of the Emirati Talent Competitiveness Council, and the Cabinet's approval,
Has resolved as follows:

Article (1) Definitions

In application of the provisions of this Resolution, the terms and expressions used herein shall have the meanings ascribed to them below, except where the context clearly indicates otherwise:
Council: Emirati Talent Competitiveness Council.
Board of Directors: Emirati Talent Competitiveness Council Board of Directors.
Chairman: Chairman of the Board of Directors.
Fund: Nafis Fund.
Ministry: Ministry of Human Resources and Emiratization.
Secretary General: Emirati Talent Competitiveness Council Secretary General.
Contributions: Amounts imposed on establishments that do not comply with the targeted Emiratisation rates in accordance with the regulations issued by the Cabinet.
Third Party: Debt collection companies operating in the State.
Establishments: Establishments covered by the scope of "NAFIS" initiatives and programmes, in accordance with the regulations issued by the Cabinet in this regard, including establishments registered on the NAFIS platform, as well as establishments subject to the provisions of Federal Decree-Law No. (33) of 2021 REgulating Labour Relations and its amendments.

Article (2) Collection Mechanism

1. The Ministry, upon coordination with the Emirati Talent Competitiveness Council, may contract with a Third Party to recover contributions if such contributions have not been collected by the Ministry within twelve (12) months from the due date of such contributions.
2. The Emirati Talent Competitiveness Council, in coordination with the Ministry, shall establish the mechanisms and requirements for contracting with the Third Party, including the determination of the consideration or percentage to be allocated to the Third Party from the amounts successfully collected pursuant to their claims.
3. Contributions collected by the Third Party shall be deposited into the Fund account through the Ministry in accordance with the mechanisms approved by the Ministry and the Emirati Talent Competitiveness Council in this regard.

Article (3) Collection Period

The Third Party shall be allotted a collection period, as stipulated by the Ministry in coordination with the Emirati Talent Competitiveness Council. Should the Third Party fail to collect contributions within the designated period, it shall compile a list of establishments from which contributions have not been collected. This list shall be submitted to the Ministry for the implementation of necessary measures in accordance with the applicable legislation.

Article (4) Executive Resolutions

The Secretary General shall, in coordination with the Ministry, issue the resolutions necessary for the implementation of the provisions contained within this Resolution.

Article (5) Publication and Entry into Force

This Resolution shall be published in the Official Gazette and shall come into effect on the day following its publication date.