Federal Decree by Law No. (34) of 2020 Regarding the Establishment of the Federal Competitiveness and Statistics Centre

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Federal Decree by Law Regarding the Establishment of the Federal Competitiveness and Statistics Centre
Federal Decree by Law Regarding the Establishment of the Federal Competitiveness and Statistics Centre

The last update on this law was listed on 27 Sep 2020

Issued Date

27 Sep 2020

Effective Date

27 Sep 2020

Official Gazette Date

30 Sep 2020

Official Gazette No

687

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Index
Index
Article (1) Definitions
Article (2) Establishment of the Centre
Article (3) Objectives of the Centre
Article (4) Competencies of the Centre
Article (5) Powers of the Minister
Article (6) Administrative Body
Article (7) Financial Resources
Article (8) Fiscal Year
Article (9) Regulations and Systems of the Centre
Article (10) Provision of Statistical Data and Information
Article (11) Relationship between the Centre and the Competent Authority
Article (12) Conducting a Statistical Survey
Article (13) Confidentiality of Statistical Data and Information
Article (14) Refusal to Provide Data
Penalties: Article (15)
Article (16)
Article (17)
Article (18)
Article (19) Judicial Enforcement
Article (20) Regularization of Status
Article (21) Executive Resolutions
Article (22) Repeals
Article (23) Publication and Entry into Force of the Decree by Law
Federal Decree by Law No. (34) of 2020 Regarding the Establishment of the Federal Competitiveness and Statistics Centre

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,
− Having reviewed the Constitution,
− Federal Law No. (1) of 1972 Regarding the Competencies of Ministries and Powers of Ministers, as amended,
− Federal Law No. (3) of 1987 Promulgating the Penal Code, as amended,
− Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Law, as amended,
− Federal Law No. (9) of 2006 Regarding the Population Register and Identity Card System, as amended,
− Federal Decree by Law No. (11) of 2008 Regarding Human Resources in the Federal Government, as amended,
− Federal Law No. (8) of 2011 Regarding the Reorganization of the Supreme Audit Institution,
− Federal Decree by Law No. (6) of 2015 Regarding the Establishment of the Federal Competitiveness and Statistics Authority,
− Federal Decree by Law No. (26) of 2019 Regarding Public Finance, and
− Upon the proposal of the Minister of Cabinet Affairs, and the approval of the Cabinet,
Hereby promulgate the following Decree by Law:

Article (1) Definitions

For the purposes of implementing the provisions of this Decree by Law, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State: The United Arab Emirates.
Centre: The Federal Competitiveness and Statistics Centre, established pursuant to the provisions of this Decree by Law.
Ministry: The Ministry of Cabinet Affairs.
Minister: The Minister of Cabinet Affairs.
Government Entities: All federal and local government entities in the State.
Competent Authority: Any local government entity competent in statistics affairs in any of the Emirates of the State.
Data: Any figures or information collected through conducting surveys, censuses, and research in Administrative Records or any other sources, for the purpose of reaching Statistical Information or deriving Competitiveness Indicators.
Statistical Information: Data that is collected, organized, summarized, presented, and analyzed for the purpose of reaching reliable results.
Respondent: The natural or legal person obliged to provide Data or Statistical Information in accordance with the provisions of this Decree by Law.
Administrative Records: Paper or electronic records in which Statistical Information is recorded in any governmental or non-governmental entities.
Statistical Document: Maps, charts, records, forms, manuals, methodologies, sample lists, and the like, which contain Data and Statistical Information.
Statistical Survey: Any means used for the purpose of collecting Data and Statistical Information.
Competitiveness: The ability of the State to achieve a balance between quality of life and productivity levels, while ensuring prosperity in both the public and private sectors.
Competitiveness Indicators: Data or Statistical Information prepared in accordance with the methodologies adopted by the Centre, for the purpose of their use in Global Competitiveness Reports.
Competitiveness Initiatives: Programs, activities, procedures, or proposals that would improve the State's performance in Global Competitiveness Reports, in accordance with the adopted international standards.
Global Competitiveness Reports: Reports that assess the level of Competitiveness of countries worldwide and list them in tables that determine the extent of each country's leadership in specific sectors.
International Institutions: Any global entity that collects, analyzes, and issues global Data or reports, or that feeds other institutions that publish such Data or reports.
Competitiveness Questionnaires: Questionnaires approved by an International Institution, which are distributed by the Centre to a specific segment of the Respondent, and subsequently collected and transmitted to the International Institutions.

Article (2) Establishment of the Centre

1. A centre named the "Federal Competitiveness and Statistics Centre" shall be established in the Ministry pursuant to the provisions of this Decree by Law, and it shall have the legal capacity to undertake the acts and dispositions necessary to implement its competencies.
2. The Centre shall replace the Federal Competitiveness and Statistics Authority, established by Federal Decree by Law No. (6) of 2015, referred to herein.

Article (3) Objectives of the Centre

The Centre aims to achieve the following:
1. Regulating the statistical and Competitiveness sector in a manner that serves the interests of the State;
2. Establishing an integrated national statistical system;
3. Enhancing the Competitiveness of the State across various sectors;
4. Strengthening the State's position in Global Competitiveness Indicators and achieving sustainable development;
5. Building national capacities in the statistical and Competitiveness sector.

Article (4) Competencies of the Centre

In order to achieve its objectives, the Centre shall undertake the following competencies:
1. Proposing policies, strategies, legislations, and plans related to the field of statistical and Competitiveness work, in coordination with the Government Entities and Competent Authorities, and submitting them for approval by the Cabinet;
2. Studying the international best practices in all fields of statistical and Competitiveness work and working to implement them;
3. Enhancing and disseminating the culture of Competitiveness and the importance of the availability of statistical Data and information in the State;
4. Providing training and technical support to all Government Entities to advance statistical and Competitiveness work, in accordance with the international best practices in this regard;
5. Preparing and implementing a unified statistical system across various sectors, characterized by comprehensiveness, accuracy, consistency, continuity, and modernity at the State level;
6. Classifying and analyzing Statistical Information and Competitiveness Indicators in cooperation with Government Entities and Competent Authorities, and working to provide and make them available and accessible;
7. Unifying the definitions, methodologies, and classifications included in the standards used in statistical and Competitiveness work, in coordination with Government Entities and International Institutions;
8. Representing the State in international agreements, programs, and forums related to the field of statistical and Competitiveness work, in coordination with the concerned authorities in the State;
9. Holding conferences, seminars, and workshops related to the field of statistical and Competitiveness work and participating therein, in coordination with the concerned authorities in the State.
10. Providing information services and technical and technological consultations and conducting specialized surveys for those who request them;
11. Any other tasks or competencies assigned thereto by the Cabinet, its chairman, or the Minister.

Article (5) Powers of the Minister

The Minister shall supervise the work and activities of the Centre, and for this purpose, they shall have the right to undertake the following:
1. Approving the policies, strategies, legislations, and plans proposed by the Centre related to the field of statistical and Competitiveness work in the State, submitting them to the Cabinet for adoption, and supervising their implementation after adoption;
2. Adopting the general policy of the Centre and its strategic and operational plans;
3. Adopting the initiatives, events, and projects of the Centre and supervising their implementation;
4. Adopting the initiatives, programs, projects, studies, and recommendations related to the work and activities of the Centre;
5. Adopting the draft annual budget and final account of the Centre;
6. Adopting the organizational structure of the Centre;
7. Issuing the resolutions necessary for the proper functioning of the Centre;
8. Representing the Centre before third parties and governmental and non-governmental entities;
9. Any other powers or tasks assigned thereto by virtue of the laws, regulations, and resolutions issued by the Cabinet or its Chairman.

Article (6) Administrative Body

The Centre shall have an administrative body, whose members shall be appointed in accordance with the regulations and systems in force within the Ministry.

Article (7) Financial Resources

The financial resources of the Centre shall consist of:
1. The annual financial amounts allocated to the Centre from the general budget of the Federation.
2. Gifts, grants, and sponsorships provided to the Centre and approved by the Minister.
3. Revenues accruing to the Centre from the exercise of its competencies.
4. Any other revenues approved by the Cabinet or the Minister.

Article (8) Fiscal Year

The fiscal year of the Centre shall commence on the first day of January and shall end on the thirty-first day of December of each year ; provided that the first fiscal year of the Centre shall commence from the date this Decree by Law enters into force and shall end on the thirty-first day of December of the following year.

Article (9) Regulations and Systems of the Centre

The legislations, regulations, policies, and financial, administrative, contractual, and human resources systems in force in the Ministry shall apply to the Centre.

Article (10) Provision of Statistical Data and Information

All Government Entities and the Respondent shall provide all statistical Data and information requested by the Centre to achieve its objectives, facilitate the mission of the Centre's employees in verifying the accuracy of statistical Data and information and Competitiveness Initiatives, and enable them to access records, papers, documents, and other information storage means, as well as any information, documents, or Data they request for the purpose of carrying out their work.

Article (11) Relationship between the Centre and the Competent Authority

To enable the Centre to carry out its competencies, the Competent Authority shall undertake the following:
1. Coordinate with the Centre to enhance the competitive capacity of the State and take all necessary measures to provide the Data and information requested by the Centre.
2. Coordinate with the Centre when making any amendments to its used record forms or statistical mechanisms, in a manner that ensures these records, forms, and mechanisms meet the requirements of statistical work.

Article (12) Conducting a Statistical Survey

1. Government Entities may conduct a specialized Statistical Survey in their field of work for the purpose of collecting specific statistical Data and information, in accordance with the standards adopted by the Centre for this purpose.
2. The Centre may license non-governmental entities to conduct a Statistical Survey in accordance with the types, conditions, and controls specified by a resolution issued by the Minister.
3. Notwithstanding the provisions of Clauses (1) and (2) of this Article, any of the licensed universities or educational and academic institutions in the State may conduct a specialized Statistical Survey related to their educational and academic activities, in accordance with the conditions and controls set by the Centre.

Article (13) Confidentiality of Statistical Data and Information

1. All statistical Data and information submitted to the Centre shall be deemed confidential, and it is not permissible for the Centre or any of its employees to allow any person or any public or private entity to access them, disclose them, or use them for any purpose other than statistical or Competitiveness work, unless it is made upon the request of the Competent Authorities in accordance with the legislation in force.
2. When publishing Statistical Information, the Centre shall be committed not to disclose any personal Data related to the Respondent, in order to preserve the confidentiality of such Data.
3. The Centre shall take all necessary measures to protect statistical Data and information, provided that they are collected and stored in places where security and safety conditions are met, in accordance with what is specified by a resolution from the Minister.

Article (14) Refusal to Provide Data

The Respondent shall be deemed to have refused to provide Data if it is proven that they have failed to submit the required Data within (30) thirty days from the date of being notified thereof, unless this person proves that they had a legitimate excuse preventing them from providing this Data. This shall not apply to census activities, for which the dates for providing Data are determined by a resolution issued by the Cabinet or the Minister for this purpose.

Penalties: Article (15)

A penalty of imprisonment for a period of not less than one year and a fine of not less than (AED 100,000) one hundred thousand dirhams, or by either of these two penalties, shall be imposed on:
1. Any person who discloses any confidential statistical Data, information, or Competitiveness reports referred to in this Decree by Law, or a secret from the secrets of the various State sectors, which they have accessed by virtue of their work, in violation of the provisions of this Decree by Law.
2. Any person who intentionally retains any confidential Statistical Documents, Data, or information related to the State's Competitiveness or intentionally destroys or forges any Statistical Document or Competitiveness Questionnaire.

Article (16)

A penalty of imprisonment for a period not exceeding one year, and by a fine not exceeding (AED 150,000) one hundred and fifty thousand dirhams, or by either of these two penalties, shall be imposed on:
1. Any person who impersonates a Centre employee or any person entrusted with a task related to a census, Statistical Survey, or Competitiveness Questionnaires;
2. Any person who intentionally obstructs the works of a census, Statistical Survey, or Competitiveness Questionnaires.
3. Any person who intentionally provides misleading Data to any of the persons charged with conducting a census, Statistical Survey, or Competitiveness Questionnaires.
4. Any person who obtains, through any of the Centre's employees or from its records or registers, confidential statistical Data or information by means of fraud, threat, deception, or any other method in violation of the applicable legislation.
5. Any person who intentionally publishes or causes the publication of, incorrect statistics, census results, or results of Competitiveness reports or Questionnaires.

Article (17)

A fine of not less than (AED 50,000) fifty thousand dirhams and not exceeding (AED 200,000) two hundred thousand dirhams shall be imposed on:
1. Any person who, due to negligence, loses a statistical document that is confidential;
2. Any person who refuses to provide statistical Data or information after being notified of the request in accordance with the provisions of Article (14) of this Decree by Law.

Article (18)

The imposition of the penalties stipulated in this Decree by Law shall not prejudice any more severe penalty stipulated in any other law.

Article (19) Judicial Enforcement

The employees who are designated by a resolution from the Minister of Justice, in agreement with the Minister, shall have the capacity of judicial enforcement officers to record violations of the provisions of this Decree by Law, each within their scope of competence.

Article (20) Regularization of Status

1. The employees working at the Federal Competitiveness and Statistics Authority shall be transferred to the Centre upon the entry into force of the provisions of this Decree by Law, and who are designated by a resolution from the Minister, with their same salaries and all their rights. Their employment status shall be regularized in accordance with the regulations and systems in force in the Ministry, and their period of service with the Federal Competitiveness and Statistics Authority shall be deemed continuous service in their work with the Centre.
2. All rights, appropriations, assets, and financial allocations prescribed for the Federal Competitiveness and Statistics Authority, as well as its obligations, shall be transferred to the Centre.

Article (21) Executive Resolutions

The Minister shall issue the resolutions necessary for the implementation of the provisions of this Decree by Law.

Article (22) Repeals

1. Federal Decree by Law No. (6) of 2015 Regarding the Establishment of the Federal Competitiveness and Statistics Authority shall be repealed, and any provision that contradicts or conflicts with the provisions of this Decree by Law shall also be repealed.
2. The resolutions and regulations in force at the Federal Competitiveness and Statistics Authority at the time of the issuance of this Decree by Law shall remain in effect, in a manner that does not contradict its provisions, until the issuance of the regulations and resolutions that supersede them.

Article (23) Publication and Entry into Force of the Decree by Law

This Decree by Law shall be published in the Official Gazette and shall enter into force from the date of its issuance.

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