Professional Documents
Culture Documents
DWC Rules and Regulations
DWC Rules and Regulations
FIRST EDITION
MARCH 2010
2010 Dubai Aviation City Corporation All rights reserved
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CONTENTS
SECTION 1 2 3 4 5 6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 TITLE INTRODUCTION GENERAL DEFINITIONS THE FREE ZONE AREAS FREE ZONE DEPARTMENT FREE ZONE REGISTRATION General Types of Registration Initial Approval Company Registrar Registration Process Shares Free Zone Register Naming and Commercial Communications Registered Office Board of Directors and Secretary Memorandum and Articles of Association Objects of Business Records and Minutes Accounts Auditors Net Assets Dividend Distribution Inspection of Records De-Registration PAGE 6 7 8 11 12 13 13 13 13 14 14 15 15 16 17 17 18 18 18 19 20 21 21 21 22
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SECTION 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 8. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 9. 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9
TITLE FREE ZONE LICENCES General Categories of Licence within DLC Categories of Licence within AC Application Process Licence Validity Conditions of Grant General Manager Authorised Signatories Licence Restrictions Amendment or Variation of a Licence Licence Renewal Cancellation, Revocation or Suspension of a Licence FREE ZONE LEASES General Types of Lease Utilities and Infrastructure Building Completion Certificate Operation Fitness Certificate Fit Out Works for Offices and Warehouses Inspection of Premises Infrastructure and Facility Management Services Termination of a Lease HEALTH, SAFETY AND ENVIRONMENT (HSE) General HSE Plan HSE Management System Environmental Impact Assessments (EIA) Sustainable Development Emergencies and Incident Reporting Waste Management Sewerage, Irrigation and Water Drainage HSE Violations
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SECTION 10 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 11 11.1 11.2 11.3 11.4 12 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 13 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8
TITLE SECURITY Access to Free Zone Access Passes Security Checks Fencing Security Guards CCTV Photography and Film Firearms INSURANCE Insurance of Corporation Property Insurance of Non-Corporation Property Third Party Liability/Public Liability Insurance Workmans Compensation Insurance EMPLOYMENT AFFAIRS General Employee Sponsorship Entry Permits and Visas Employment Cards National Identity Card The Relationship of Employer and Employee Termination of Employment Absconding Employees TRAFFIC AFFAIRS Driver and Vehicle Licensing Vehicle Condition and Operation Vehicular Access and Roads Driving and the Environment Parking Road Usage and Road Safety Breakdowns, Obstructions and Traffic Incidents Construction Traffic
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SECTION 14 14.1 14.4 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 15 15.1 15.2 15.3 15.4 Schedule 1 Schedule 2 Schedule 3 Schedule 4
TITLE GOODS AND CUSTOMS General Required Approvals Inventory Management Storage and Handling Restricted Goods Prohibited Goods Dangerous Goods Pharmaceuticals and Medical Goods Food and Beverages Alcohol Direct Retail/Marketing Lost Property and Abandoned Goods Customs VIOLATION OF REGULATIONS General HSE Violations Repeated Administrative or Minor HSE Violations Immigration Violations TARIFF OF FEES, CHARGES AND PENALTIES CUSTOMS BONDED AREA OF DWC FREE ZONE CONTACT DETAILS REFERENCES
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1. INTRODUCTION
Dubai Aviation City Corporation (the Corporation) is a wholly-owned Government of Dubai company established by Dubai Law No. 8/2006 (as amended). The Corporation is responsible for the development and operation of Dubai World Central (DWC), a 140 km development in Jebel Ali, Dubai, centred around the new Al Maktoum International Airport. The Law includes provision for the establishment of a Free Zone for businesses and organisations operating in the aviation and logistics industries. This document sets out the main rules and regulations applicable within the DWC Free Zone areas (the Regulations). In addition, the Corporation, through the Free Zone Department, may issue Notices on specific issues from time to time. The Regulations and the provisions of any Notice are mandatory to all organisations and persons operating within the Free Zone and must be complied with at all times. Ignorance of the Regulations is no excuse for non-compliance. The Regulations come into force on the date of issue and will be reviewed and updated by the Corporation from time to time. Notices and the latest version of the Regulations can always be obtained online at www.dwc.ae or from the Free Zone Department. It is the duty of any person or firm operating within the DWC Free Zone to check for updates to the Regulations and any Notices.
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2. GENERAL
All organisations or persons (including contractors) working or operating within the DWC Free Zone are subject to and must comply with the Regulations along with all other laws, rules and regulations applicable within DWC and the Emirate of Dubai. All organisations and persons undertaking commercial activities within the DWC Free Zone must have a valid Lease and a valid registration and Licence. Licences must be renewed annually and within the time frames set out in Section 7. All organisations and persons registered or licensed to undertake commercial activities within the DWC Free Zone (Free Zone Enterprise) may only conduct activities which are covered by the terms of the applicable Licence. Free Zone Enterprises must conduct all or a substantial part of their business or operations within the DWC Free Zone in order to maintain a valid Licence and registration. All DWC Free Zone administration fees are payable in advance in accordance with the rates and charges set out in the Tariff in force from time to time. Violations of the Regulations will be subject to the penalties set out in the Tariff and such other remedies as might be available to the Free Zone Department or the Corporation at law or otherwise.
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3. DEFINITIONS
In this document the following defined terms have the following meanings: AED United Arab Emirates Dirhams, being the lawful currency of the UAE Aviation City the area within the DWC Free Zone dedicated to aviation related activities BCC Building Completion Certificate Company Registrar the registrar of DWC Free Zone Enterprises appointed by the Corporation from time to time Corporation Dubai Aviation City Corporation DLC Dubai Logistics City, the area within the DWC Free Zone dedicated to logistics activities Dubai Logistics Corridor the physical and virtual connection linking the DWC Free Zone to the Jebel Ali Port and Free Zone DuServe DuServe DWC-LLC, the Corporation's infrastructure management company DuServe FM DuServe Facilities Management DWC-LLC, DuServe's wholly owned facilities management subsidiary DWC Dubai World Central Free Zone Enterprise an entity of one of the types listed in Section 6.2 registered and licensed to undertake commercial activities within the DWC Free Zone
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Free Zone Department the department of the Corporation responsible for providing the services listed in Section 5 and any other issues of commercial administration concerning the DWC Free Zone GCC the Gulf Cooperation Council which is made up of the UAE, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait JAFZ Jebel Ali Free Zone JAFZA Jebel Ali Free Zone Authority Lease a lease of office space, warehouse space or development land within the DWC Free Zone from which a Free Zone Enterprise may undertake the activities specified in its Licence(s) Licence a licence issued by the Free Zone Department specifying those business activities which a Free Zone Enterprise is permitted to undertake in either DLC or Aviation City as more fully described in Section 7 Notice a notice issued by the Corporation pursuant to the Regulations OFC Operation Fitness Certificate Register The register of Free Zone Enterprises, their shareholders and Licences, Leases, and such other information concerning the DWC Free Zone which is maintained by the Company Registrar as more fully described in Section 6.7 Registered Office the legal address of a Free Zone Enterprise to which all notices and other communications may be directed Regulations the rules and regulations applicable within DWC and the DWC Free Zone areas as set out or referred to in this document and any other rules, regulations or guidelines issued by the Corporation from time to time
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Tariff the tariff of fees, administration charges and penalties applicable to the DWC Free Zone published by the Free Zone Department from time to time UAE United Arab Emirates
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review prior to applying for the incorporation and registration of a Free Zone Enterprise. Details of the application process, the business plan template format and the required background information can be found online at www.dwc.ae. The initial submission documentation will be reviewed by the Corporation and, if approved, the applicant will be notified in writing and asked to submit an application for the incorporation and registration of a Free Zone Enterprise. Applicants that are seeking to only lease of office space are not required to submit a business plan. The Free Zone Department will review all applications in light of the registration criteria set by the Corporation from time to time. The Free Zone Department will endeavour to complete its review of an application within 15 working days from the date the application was received however, in certain situations a longer period of review may be required. As part of the review process applicants may be required to clarify aspects of their applications or submit additional documentation in a specified format or manner. Applicants will be notified in writing if their application is granted or rejected. If an application is rejected the Free Zone Department may, at its sole discretion, decide to disclose the reasons for such rejection but it shall have no liability towards the applicant(s) or any other third party should it choose not to do so.
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6.6 Shares
All Free Zone Enterprises registered as DWC limited liability companies must have a share capital denominated in UAE Dirhams. The minimum capital of a DWC limited liability company will be AED 300,000 or such other amount as the Corporation may prescribe from time to time. The share capital will be divided into shares of AED 1 each or such other amount as the Corporation may prescribe from time to time. Each issued share will be consecutively numbered. No shares will be issued in bearer form. The consideration for which a share in a Free Zone Establishment is issued may take the form of cash or non cash consideration. If the shares in the Free Zone Establishment are issued for any consideration other than cash, then the auditors of the Free Zone Establishment must certify that the fair market value of the non cash consideration at the time of issue of the shares is not less than the nominal value of the shares issued. The share capital of a DWC limited liability company may, subject to any limitations set out in the Regulations, be altered by a Board Resolution of the company. No share in any DWC limited liability company may be transferred without a Board Resolution approving the transfer. Transfers must be made by a instrument of transfer prescribed by the Corporation from time to time. The instrument of transfer, once duly executed, must be delivered to the Company Registrar who will update the Register with the details of the transfer and the transferee. A transfer will be legally effective from the date of transfer recorded in the Register.
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the Memorandum of Association of the company; and the Articles of Incorporation of the company. For a Branch: a certificate of registration duly executed on behalf of the Corporation specifying (i) the name of the Branch; (ii) the registration number; (iii) the Registered Office address; and (iv) the date of registration. From the date of incorporation a DWC limited liability company will be a body corporate capable of exercising all functions of an incorporated company but with such liability on the part of the shareholders limited to the amount of the share capital for which they have subscribed, save that the liability of the shareholders will not be limited in cases of fraud. From the date of registration of a Branch, the Branch will be capable of exercising all functions of its parent company/organisation but it will not be endowed with a legal personality separate from that of its parent. The Register will be open to the public for inspection subject to the Corporation's prior approval and the payment of the appropriate fee as set out in the Tariff.
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applications for approval for a change of name should be submitted (together with the appropriate fee as set out in the Tariff) to the Company Registrar who will review and either approve or reject the application. Once an application for a change of name has been approved, the new name will be reserved in the Register by the Company Registrar. A copy of the signed Board Resolution supporting such change of name should then be passed to the Company Registrar who will arrange to update the Register and issue a Certificate of Change of Name. A change of name will only have legal effect from the date specified in the Certificate of Change of Name. Free Zone Enterprises registered as DWC limited liability companies must state on all stationary and all transaction documents, contracts, advertisements, bills, correspondence, publications and other material (whether in hard copy or electronic format or otherwise) that they are registered in the DWC Free Zone and that they are of a limited liability by including the following designation: DWC-LLC at the end of their trading name, together with their Registered Office address. Free Zone Enterprises registered as Branches must state that they are registered in the DWC Free Zone together with their Registered Office address. Every Free Zone Enterprise must ensure that it has a name plate affixed (at all times) to all offices or premises in the DWC Free Zone where it operates from (even if operating from temporary premises). The name plate should be of a type and size specified by the Corporation from time to time, be clear and legible, and be located in a conspicuous, unobstructed position.
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registration application. Details of each Director and Secretary will be maintained in the Register. All DWC limited liability companies must provide the Company Registrar with the full name, nationality and residential address of each Director and Secretary together with a certified copy of their passports and their specimen signatures. Any changes of Directors or Secretary must be notified to the Free Zone Department within 30 days of the change being made.
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Additionally, a DWC limited liability company must keep: a written record of all proceedings at all general meetings or meetings of the Board of Directors and of any committees appointed by them; copies of all resolutions passed by the Board of Directors and the findings or reports of all committees appointed by them; and such other books and records as may be necessary or desirable in the opinion of the Board of Directors to reflect the business dealings and financial position of the company. The Secretary will be the person responsible for maintaining a record of all resolutions, minutes, reports and other books and records unless otherwise stated. The minutes of each meeting must be signed by the person presiding over such meeting and be placed in the company's books kept at its Registered Office. Unless evidence to the contrary is established, the minutes, once signed, shall be conclusive evidence of the business and proceedings transacted at a meeting and that the meeting was validly held and convened. The minute books must be available for inspection at the Registered Office upon reasonable notice and during normal working hours by any current shareholder or current Director of the company (subject to any reasonable restrictions which the company may impose). Alternatively, a current shareholder or a current Director may request to receive copies of the minute books (subject to any reasonable restrictions or administrative expenses which the company may impose). If a company fails to provide copies of the minute books or allow for their inspection as stated above, a current shareholder or current Director may refer the matter to the Corporation and the Corporation may order the company to immediately arrange for inspection or provide copies of the minute books.
6.14 Accounts
Every Free Zone Enterprise must keep proper records of account prepared in accordance with International Financial Reporting Standards (IFRS) and be sufficient to show and explain: (i) the assets and liabilities of the Free Zone Enterprise; and (ii) all transactions which show money received and expended by the Free Zone Enterprise on a day to day basis together with information sufficient to identify and explain such receipts and expenditure. The records of account must be kept at the Registered Office and shall be available for inspection. If a Free Zone Enterprise fails to allow for inspection of the records of account the matter may be referred to the Corporation and the Corporation may order the Free Zone Enterprise to immediately arrange for inspection of the records of account.
2010 Dubai Aviation City Corporation All rights reserved
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The first financial year of a Free Zone Enterprise will commence on the date of its incorporation or registration. The first financial year may not exceed 18 months, thereafter each successive financial year may not exceed 12 months or be shorter than 6 months. No later than 18 months after the incorporation or registration of the Free Zone Enterprise, and for every financial year thereafter, the Free Zone Enterprise must prepare a balance sheet and a profit and loss account (as at the last day of the financial year) which will form part of the Free Zone Enterprise's financial statements. The Free Zone Enterprise's financial statements must be drawn up so as to give an accurate and fair view of the profits or losses of the Free Zone Enterprise and the state of affairs of the Free Zone Enterprise, in each case, for the financial period in question. Where a DWC limited liability company owns 50% or more or otherwise controls another Free Zone Enterprise or other incorporated entity, the DWC limited liability company should prepare group accounts on a consolidated basis. The annual accounts of each DWC limited liability company must be approved by the Board of Directors and signed off by at least one Director within 3 months of the end of each financial year before being presented to the shareholders. A copy of the signed annual accounts (together with the auditors' report set out in Section 6.15) must then be delivered to the Free Zone Department within 30 days of such approval and signature. The Corporation may, in its absolute discretion, agree to extend the aforementioned periods.
6.15 Auditors
Each Free Zone Enterprise must have one or more independent auditors. The auditor(s) will be granted such access to information, material, documents, records, personnel and officers of the Free Zone Enterprise along with such other things as they might reasonably require in order for the proper performance of the duties of the auditor(s). The auditor(s) will be responsible for, amongst other things, examining the annual accounts of the Free Zone Enterprise and stating by means of a written report whether or not the profit and loss account and balance sheet present an accurate and fair view of the state of affairs of the Free Zone Enterprise at the end of the financial year in question and whether or not all of the information and explanations sought by the auditor(s) has been obtained. Such written report must be annexed to the annual accounts as presented to the shareholders. The auditor(s) of a DWC limited liability company will be entitled to receive notice of and attend any shareholders' meeting at which the annual accounts of the company are to be presented for discussion.
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Any inspector appointed by the Corporation in accordance with this Section 6.18 will have the power and authority to interview all officers and inspect such books, documents and other records of a Free Zone Enterprise as the Corporation may specify and a Free Zone Enterprise must extend all reasonable cooperation to the inspector. Failure to cooperate with an inspection may attract a fine or other sanction from the Corporation in accordance with the Tariff. The inspector will prepare and deliver a written report to the Corporation of his findings upon conclusion of the inspection. Following its review of the inspector's report the Corporation may, in its sole discretion: withhold the contents of the report; disclose the contents of the report (in full or in part); produce a summary of the report; refer the report to a Governmental Authority; or take any other action in respect of the findings of the report as the Corporation sees fit.
6.19 De-Registration
A Free Zone Enterprise may be removed from the Register: (a) by the Corporation if the Free Zone Enterprise: is found to have wilfully provided false, inaccurate or misleading information regarding its business or operations; has acted or is acting in breach of, or in a manner which is contrary to, the terms of the applicable Licence; has violated one or more provisions of the Regulations or a condition of its Licence; has or is behaving in a manner which shows a disregard to the Regulations, the Corporation or any applicable laws; is not operating or otherwise carrying on any business; or is or has acted in a manner which the Corporation believes is detrimental or prejudicial to the interests of the Corporation, the DWC Free Zone or the interests of any other Free Zone Enterprise;
2010 Dubai Aviation City Corporation All rights reserved
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(b) following the order of any Court in the UAE; or (c) in the case of a DWC limited liability company, upon a resolution of the shareholders passed in accordance with the provisions of the Free Zone Enterprise's Articles of Association. Where the Corporation has the power to de-register a Free Zone Enterprise under paragraph (a) above, the Corporation will first issue a notice in writing to the Free Zone Enterprise highlighting such matter and requesting the Free Zone Enterprise take immediate action to remedy the situation. If, after 15 working days from the date of such notice, the Free Zone Enterprise has failed to remedy the situation or has failed to otherwise demonstrate to the reasonable satisfaction of the Corporation that it is taking effective steps to remedy the situation then the Corporation may, upon a further written notice, de-register the Free Zone Enterprise and revoke its Licence without any liability to the Free Zone Enterprise or its shareholders/owners. In the case of de-registration of a DWC limited liability company, immediately following such de-registration the company must cease all business and the Board of Directors must appoint an accountant licensed to conduct business in the Emirate of Dubai as a liquidator to ensure the affairs of the company are wound up in a prompt and orderly manner in accordance with applicable law.
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insurance, and human resources services. Education Licence: allows the holder to carry out educational and social services, educational aid training, and educational consultancy services.
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Free Zone Enterprises must ensure that any change to such authorised signatories are notified to the Free Zone Department immediately following the change coming into effect by the issue of a new Certificate of Authorisation. If a Free Zone Enterprise fails to properly notify the Free Zone Department of a change of authorised signatories, neither the Free Zone Department nor the Corporation or any of its affiliates will have any liability for acting on the instructions of a signatory who may have had his or her authority withdrawn.
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describe in detail the amendments the licence holder wishes to be made to the Licence accompanied by such supporting documentation as the Free Zone Department may require; include such other documentation or particulars as the Free Zone Department may specify; and be accompanied by the relevant (non-refundable) fee as specified in the Tariff. No Free Zone Enterprise may undertake any activities covered by the change of activity application unless and until the Free Zone Department has approved the amendment and issued a new Licence.
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has acted or is acting in breach of, or in a manner which is contrary to, the terms of the applicable Licence; has violated one or more provisions of the Regulations or a condition of its Licence; has or is behaving in a manner which shows a disregard to the Regulations, the Corporation or any applicable laws; is not operating or otherwise carrying on any business; or is or has acted in a manner which the Corporation believes is detrimental or prejudicial to the interests of the Corporation, the DWC Free Zone or the interests of any other Free Zone Enterprise; then the Free Zone Department will issue the Free Zone Enterprise with a written notice providing specifics of the issue complained of and requiring the Free Zone Enterprise to remedy the issue within 15 working days of the date of such notice. If the issue has not been remedied within such 15 working day period the Free Zone Department may suspend the applicable Licence(s) until the issue has been remedied. If the issue has not been remedied within 30 working days of the date the suspension commenced or such other period set by the Free Zone Department then the Free Zone Department may cancel or revoke the relevant Licence(s) immediately upon written notice. If a Licence is cancelled all outstanding administration issues (including but not limited to payment of outstanding dues) must be settled in coordination with the Free Zone Department regardless of whether the cancellation process is initiated by a Free Zone Enterprise or the Corporation/Free Zone Department.
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Regulations and Development Guidelines and DWC's Construction Health, Safety and Environment (HSE) Guidelines (available online at www.dwc.ae) and completed so that premises are physically functional and operationally ready no later than 18 months (or such other time as may be agreed) from the commencement date of the Lease. Warehouse Space Free Zone Enterprises leasing warehouse space must ensure that their unit is fitted out in accordance with DWC's Fit-Out Works Guidelines and physically functional no later than 90 days (or such other time as may be agreed) from the commencement date of the Lease.
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If a Free Zone Enterprise has received permission for the construction of additional structures or the alteration or extension of existing premises it will also need to apply for a BCC once the related construction works have been completed.
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Free Zone Enterprises leasing office space which is not provided on a shell and core basis may not upgrade the fixtures or fittings or make any alterations to the standard layouts without first obtaining the prior written approval from DuServe. Once approved, all alterations must be in accordance with the Fit-Out Works Guidelines and the Planning Regulations and Development Guidelines and carried out at the Free Zone Enterprises' sole cost and expense. Free Zone Enterprises leasing development land may not make any extensions or alterations to any premises which the Free Zone Enterprise may have constructed upon the leased land without first obtaining the prior written approval of DuServe. All approved extensions or alterations must be in accordance with the Planning Regulations and Development Guidelines and the Construction HSE Guidelines and carried out at the Free Zone Enterprise's sole cost and expense.
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of its premises, the DWC Free Zone or Al Maktoum International Airport (or any part thereof) it should notify the Free Zone Department immediately. A Free Zone Enterprise must extend and ensure that its officers and employees extend, all such cooperation and assistance as the Corporation's authorised agents or employees may require to properly perform their duties in relation to any entry and inspection. Any Free Zone Enterprises that fails to extend cooperation or assistance to the Corporation's authorised agents or employees or otherwise seeks to obstruct or hinder such persons from performing their duties in any way will be liable for a fine as specified in the Tariff.
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The accident report must be submitted online using the provided HSE Management System referred to at Section 9.3. Following receipt of an accident report DuServe may carry out a site investigation in order to determine: the cause or causes behind the accident; the severity and scale of the actual or potential harm; whether action has been taken or needs to be taken to prevent a recurrence and to secure compliance with the Regulations; and lessons to be learnt from the incident. If such investigation reveals that an accident has occurred due to a breach of the Regulations the Corporation may issue a violation notice and/or impose a fine in accordance with the Tariff.
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Municipal Waste All municipal waste from normal office operations generated inside office premises leased from the Corporation must be disposed of in the appropriate containers provided by the Corporation. Hazardous and Industrial Waste All waste which is classified by Dubai Municipality as being hazardous waste or industrial waste must be handled and disposed of expressly in accordance with the requirements for such waste types established by Dubai Municipality. All Free Zone Enterprises that are producing or likely to produce hazardous waste must declare the same to DuServe in writing in the form and manner prescribed by DuServe from time to time. Once such declaration has been reviewed and approved by DuServe the declaration must be submitted to the Environment Department of Dubai Municipality for further processing. Commercial Waste Collection, Recycling and Disposal All Free Zone Enterprises producing commercial waste from a developed facility or warehouse space must arrange for collection, recycling or disposal of such waste through a supplier approved and licensed by Dubai Municipality. DuServe offers an integrated waste management solution on commercial rates and interested Free Zone Enterprises may contact DuServe at the address set out in Schedule 3 for further details.
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Frequent Visitors Frequent visitors to the DWC Free Zone must be notified to the Free Zone Department in advance by completing and submitting a Visitor Notification Form and providing a valid form of photographic identification. Visitor Notification Forms can be downloaded online at www.dwc.ae. The maximum duration of a frequent visitor pass is 12 months from the date of issue. The Free Zone Department will review all applications and may, in its absolute discretion, reject an application based on security or other concerns. The Free Zone Department shall have no liability towards the applicant(s) or any other third party should it reject a frequent visitor access pass application. Payment of the appropriate (non-refundable) fee as per the Tariff must be made upon issuance of the frequent visitor access pass. Frequent visitor access passes will be colour coded to differentiate between persons that are permitted to access the Bonded Area and persons that are limited to the Non-Bonded Area. Occasional Visitors Occasional visitor access passes are required only for the Bonded Area. Occasional visitors can be notified to the Free Zone Department in advance by completing and submitting a Visitor Notification Form along with a valid form of photographic identification. Visitor Notification Forms can be submitted online at www.dwc.ae. Alternatively, occasional visitors can obtain an access pass at the security gate. Occasional visitor passes are valid for the date of issue. Applications for occasional access passes will be reviewed and entry may be refused on security concerns or other grounds. Payment of the appropriate (non-refundable) fee as per the Tariff must be made upon issuance of the occasional visitor access pass. Replacement Passes If an Employment Card or access pass is, or is believed to have been, lost or stolen the loss or theft must be reported to the Free Zone Department immediately. Replacement Employment Cards/access passes will be issued subject to the payment of the applicable fee as specified in the Tariff.
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10.4 Fencing
All Free Zone Enterprises that have constructed their own facility must erect and maintain suitable fencing or a walled enclosure around that facility in accordance with the Planning Regulations and Development Guidelines.
10.6 CCTV
All closed-circuit television (CCTV) system installations (and the maintenance thereof) must be carried out by a firm or company that is registered and properly licensed by the Department of Protective Systems (Dubai Police). Signs warning that an area is being monitored by CCTV must be visible wherever a CCTV system is in operation. The Corporation may require a Free Zone Enterprise to disclose recordings from its system where the Corporation reasonably believes such disclosure is necessary for the protection of persons, property or the integrity of the DWC Free Zone. The Corporation recognises that sensitive trade or personal information may be captured by CCTV recordings; the Corporation will not use CCTV recordings in an unfair or unlawful way and will only use or disclose such recordings to the extent necessary to protect persons, property or the integrity of the DWC Free Zone.
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11. INSURANCE
All Free Zone Enterprises are required to hold and maintain valid policies of insurance as set out in their Licence and/or the Lease agreement and the Regulations.
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including, without limitation, any breach by a Sponsored Employee of any restraint of trade or non-competition covenant that may be contained in the employment contract. Free Zone Enterprises must ensure that all employees (not just Sponsored Employees) comply with the general laws and customs of the UAE. In the event that a Sponsored Employee has committed an offence involving moral turpitude or a crime of which a Free Zone Enterprise becomes aware the Free Zone Enterprise must promptly notify the Free Zone Department in writing and take such corrective action as it deems appropriate in the circumstances. The Corporation may terminate the sponsorship of any Sponsored Employee on reasonable written notice to the Free Zone Enterprise if: the Free Zone Enterprise has failed to renew its Licence or Lease; the Free Zone Enterprise becomes insolvent or otherwise enters into liquidation; the Free Zone Enterprise is not operating or otherwise carrying on any business; or the Sponsored Employee has failed to abide by the laws of the UAE or is or has acted in a manner which the Corporation reasonably believes is detrimental or prejudicial to the reputation and interests of the Corporation, the DWC Free Zone or the Emirate of Dubai. Alternative Sponsorship Options A Free Zone Enterprise may employ personnel who are not under the Free Zone Enterprise's direct sponsorship, either on a temporary or permanent basis, if that person: is a female residing in the UAE under the sponsorship of her spouse or parents; is seconded from the parent company of the Free Zone Enterprise and such parent company is validly registered and licensed within the UAE; or sponsored by a sister company of the Free Zone Enterprise. UAE Citizens and Non-Sponsored Employees The provisions on employee sponsorship mentioned above do not apply to persons that are UAE citizens. No Free Zone Enterprise may employ any person (other than in the capacity of an independent contractor) that is not sponsored by the Free Zone Enterprise or covered by one of the alternatives mentioned above unless such person is a UAE citizen.
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Limits on Employees The Corporation may, in its absolute discretion, set limits on the number of employees for a particular Free Zone Enterprise.
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Working Hours and Overtime All Free Zone Enterprises will be bound by the provisions of the Labour Law in relation to working hours (including provisions relating to overtime, Ramadan timing and summer working). Basic Work Rules All Free Zone Enterprises should establish a set of basic work rules for the benefit of all employees. As a minimum, such work rules should include details on working hours, employee health and safety in the workplace, employee conduct and the Free Zone Enterprise's grievance and disciplinary procedures. Employee Passports All Free Zone Enterprises are reminded that employee passports are the property of the issuing country. No Free Zone Enterprise may hold the passport of an employee without that employee's prior and genuine consent. Where an employee has consented to a Free Zone Enterprise holding his or her passport the Free Zone Enterprise must have effective procedures and controls in place to ensure that retained passport are held in a safe and secure facility and can and will be returned to the employee promptly at the employee's request. Medical Insurance All Free Zone Enterprises must procure and maintain a medical insurance policy for all of its employees in accordance with applicable Law. Evidence of a valid medical insurance policy must be provided to the Free Zone Department upon request.
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All vehicles must be fitted with fully operational lighting. Vehicle lighting must be used when the vehicle is being driven at night or in conditions of reduced visibility such as fog or sand/dust storms. Vehicle lighting must not be used in such a way that would dazzle or cause discomfort to other road users. Front and rear fog lights must be used in conditions of reduced visibility. Such lights must be turned off when conditions improve so as not to dazzle other road users. Hazard lights must only be used on stationary vehicles which are temporarily obstructing traffic or to warn other road users of another hazard or obstruction ahead. Hazard lights must not be used when driving in conditions of reduced visibility or as an excuse for dangerous or illegal parking. Drivers must always be fit to drive. Drivers should not operate any vehicle if the driver feels sleepy, tired, drowsy or under the influence of alcohol or drugs. All drivers and passengers must wear seatbelts if fitted to the vehicle they are travelling in.
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13.5 Parking
Vehicles may only be parked in those areas within the DWC Free Zone which are specified or designated for vehicle parking. The Corporation may impose fines in accordance with the Tariff for any vehicle or vehicles which are found to be parked illegally and/or arrange for the towing away and impounding of the offending vehicle (at the vehicle owner's risk and expense). No loading or off-loading activities may be undertaken in public parking areas. All car parks within a Free Zone Enterprises' facility must be used as the primary location for employee and visitor vehicle parking. Car parks must not be used as a workshop area or for the storage of goods, materials or equipment. Parking on pavements, any landscaped area or lawn or obstructing a fire hydrant is strictly prohibited. Offending vehicles will be subject to a fine in accordance with the Tariff and immediately clamped or towed and impounded by the Corporation at the vehicle owner's risk and expense. The vehicle owner will also be liable to pay for any damage sustained to any landscaped area or lawn caused by illegal parking. Handicapped parking bays may only be used by vehicles which are properly registered and authorised to use handicapped parking facilities. Vehicles found to be parked in a handicapped parking bay which do not clearly display registration and authorisation for handicapped parking will be subject to a fine in accordance with the Tariff and may be clamped or towed and impounded by the Corporation at the vehicle owner's risk and expense. Vehicles must not be parked in a haphazard manner or parked in such a way as to obstruct entrance and exit either from access gates or parking areas. Offending vehicles will be subject to a fine in accordance with the Tariff and may be clamped or towed and impounded by the Corporation at the vehicle owner's risk and expense.
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No motor vehicle or trailer of any type shall be repaired in any roads or parking areas within the DWC Free Zone (including within the boundary of a Free Zone Enterprises' own facility) except for minor repairs or emergency repairs to the extent necessary to enable the vehicle or trailer to be moved to a proper repair facility. No vehicle, trailer, boat or other recreational vehicle within the DWC Free Zone shall be used as an office or living area.
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or the acquisition, storage or transportation of Prohibited Goods. Additionally, the Prohibited Goods and any means of concealment or transportation of the Prohibited Goods will also be subject to seizure by Dubai Customs. Offences will be prosecuted to the full extent of the applicable law.
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14.10 Alcohol
Alcohol is specifically controlled within the UAE. Alcohol may be brought into and stored within the DWC Free Zone subject always to all applicable laws, rules and regulations. Free Zone Enterprises wishing to import and store alcohol in the DWC Free Zone for reexport outside of the UAE or for import into the local market must first apply to the Free Zone Department for a letter of non-objection in accordance with Section 14.1 and then obtain formal approvals from both Dubai Police and Dubai Customs.
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14.13 Customs
Free Zone Enterprises needing to move goods in or out of the DWC Free Zone should register for Dubai Custom's Mirsal 2 system. Mirsal 2 enables the online and paperless processing of customs declarations 24/7 and without the need to submit hard copy documentation. Transactions can be pre-cleared though Mirsal 2 enabling improved service delivery times and the ability to amend and cancel declarations online. To use Mirsal 2 a Free Zone Enterprise must first register with Dubai Trade (see www.dubaitrade.ae). A digital certificate must also be obtained to ensure the authenticity of declarations made through the Mirsal 2 system. Whilst Mirsal 2 provides a fully electronic solution for customs processing Free Zone Enterprises must keep the original supporting documentation for not less than 5 years. More information on the registration and use of Mirsal 2 along with the customs declarations applicable to free zones can be found on the Dubai Customs website at www.dubaicustoms.ae. GCC Customs Exemption Goods which are refined, produced, manufactured or assembled in the DWC Free Zone will be exempted from import duties applicable in the GGC States provided that the goods are clearly marked with the name of the producer or manufacturer and the country of production or manufacture and are accompanied by a certificate of origin from either the UAE Ministry of Economy and Commerce or the Dubai Chamber of Commerce. Certificates of origin for certain goods will be granted subject to the qualification requirements set by the concerned Governmental Authorities from time to time.
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causing noise pollution unsafe storage of goods/materials failure to maintain cleanliness The escalation provisions set out in Section 15.3 apply to all Minor HSE Violations. Serious HSE Violations: Serious HSE Violations are defined as any violation of HSE rules and regulations which causes or contributes to physical injury or property damage, which cause or have the potential to cause damage or contamination of the environment or which concerns Restricted Goods, Prohibited Goods or Dangerous Goods. All Serious Violations are automatically subject to a fine as specified in the Tariff and/or suspension of Licence. The escalation provisions set out in Section 15.3 will not apply to Serious Violations.
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SCHEDULE 1
2. Registration
No. 1 2 3 4 5 6 7 8 9 Type of Service
De-registration of Free Zone Enterprise Ownership changes and transfer of shares (DWC-LLC) Share capital amendment (DWC-LLC) Change of business name Change of Director or Company Secretary (DWC-LLC) or General Manager Certificate of good standing (DWC-LLC) Attestation of documents by Company Registrar (per document) Request for Register information Advertisement of Register amendment (DWC-LLC)
Cost (in AED) 5,000 2,500 2,500 2,500 2,500 3,000 200 500 1,000 (+ cost)
* plus time for publication of advertisement (usually two weeks) and any third party approvals (e.g. CID background check)
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No. 1
Type of Violation
Breach of any administrative rule or regulation relating to the registration or commercial operation of a Free Zone Enterprise (other than those expressly specified in the Tariff)
3. Licensing
No. 1 2 3 4 No. 1 2 3 4 Type of Service
Annual Licence renewal Modification of Licence activities (per activity) Licence cancellation Replacement of (lost) Licence
Cost (in AED) 10,000 1,000 2,000 2,000 Penalty (in AED) 10,000 1,000 per month* 50,000 5,000
per employee
Type of Violation
Breach of any administrative rule or regulation relating to Licensing (other than those specified below) Failure to renew Licence within the applicable time frame Wilfully submitting false documentation Undertaking operational activities which are not covered by a Licence or which are in breach of any Licence terms and conditions
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4. Immigration Services
No. 1 2 3 4 5 6 7 No. 1 2 3 4 5 6 7 8 Type of Service Employees
Issue of Establishment Card Employment visa (comprised of Entry Permit, Residence Permit and Employment Card) Employment visa renewal Transfer of employment from a Government organisation to a DWC Free Zone Enterprise Transfer of employment from a DWC Free Zone Enterprise to a Government organisation Transfer of employment from one DWC Free Zone Enterprise to another DWC Free Zone Enterprise Change of profession
Cost (in AED)* 2,000 1,800 1,500 2,200 200 1,000 700 Cost (in AED)* 1,450 950 2,200 250 100 100 550 300
* Prices do not include the cost of medical fitness tests required by UAE law.
* Prices do not include the cost of medical fitness tests required by UAE law.
No. 1 2 3 4
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5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
Entry Permit amendment Cancellation of Entry Permit Visit visa (1 month) Visit visa (3 months) Visit visa, multiple entry (6 months) Visit visa deposit (refundable deposit paid to immigration authorities for certain nationalities) Visa deposit at a UAE airport Residence Permit amendment Residence Permit cancellation
Residence Permit cancellation (for a resident who has been residing outside of the UAE for more than 6 months) Residence Permit re-entry (for a resident who has been residing outside of the UAE for more than 6 months)*
300 130 1,300 3,000 5,000 2,050 150 300 200 500 200 500 800 600 800 1,500 6,500 1,000
Residence Permit reactivation after cancellation Re-issue of Residence Permit for a lost passport Transfer of Residence Permit to a new passport Transfer of Residence Permit to a new passport with nationality change Absconder** declaration (employee) Absconder*** declaration (visit visa) Withdrawal of absconder declaration
* Subject to approval of Department of Naturalisation and Residence (DNRD) ** Any employee absent from work for 7 or more consecutive days without permission *** Any person overstaying a visit visa without permission
No. 1 2 3
Type of Violation
Department of Naturalisation and Residence (DNRD) immigration violation Employing workers illegally (first instance) Employing workers illegally (second instance)
Penalty (in AED) 200 + actual 5,000 per person* 10,000 per person*
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4 5
Failure to return Employment Card and Country Exit Paper within 7 days of the employee's departure from the UAE Failure to renew Residence Permit within required time frame Failure to cancel Residence Permit within 30 days of termination of employment or 30 days of the Residence Permit expiring Failure to cancel Residence Permit of employee that has been outside of the UAE for more than 6 months Failure to notify Free Zone Department of absconding employee Overstaying on a visit visa
1,000 per person** 1,000 per person** 2,000 per person** 1,000 per person**
7 8 9
* The Free Zone Department may also elect to suspend the offending Free Zone Enterprise's Licence(s) and seek cancellation of the worker's Employment visa ** Plus any fine imposed by DNRD or other Government Authority.
Cost (in AED) 300 300 300 1,000 200 100 Penalty (in AED) 1,000 50
* Cards containing errors made by the Free Zone Administration department will be replaced free of charge.
Type of Violation
Replacement of lost Employment Card or Work Permit Replacement of lost Frequent Visitor Pass
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6. Traffic Affairs
No. 1 2 3 4 5 6 7 8 9 10 11 Type of Service
Non-objection certificate (NOC) for registration of a Light Vehicle by a Free Zone Enterprise Non-objection certificate (NOC) for registration of a Commercial Vehicle by a Free Zone Enterprise Application for temporary UAE driving licence Application for new or renewal of UAE driving licence Application for duplicate UAE driving licence Application for conversion of foreign driving licence to UAE driving licence* Application for new international driving licence Application for driving test (road) Application for driving test (internal) Letter to Roads and Transport Authority (RTA) for vehicle branding Heavy vehicle escort
Cost (in AED) 100 300 175 220 250 280 265 75 50 200 200 per hour
* Certain nationalities qualify to receive a UAE driving licence based on the licence issued in their home country without taking a UAE driving test
No. 1 2 3 4 5
Type of Violation
Parking violation Recovery of vehicle towed away for traffic/parking violation Violation of vehicle operation or condition Damage to property Causing traffic accidents, speeding, dangerous driving etc.
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No. 1 2 3 4 5 6
Type of Violation
Minor HSE Violation Acts causing or having the potential to damage or cause contamination to the environment Unauthorised storage of Restricted, Prohibited or Dangerous Goods Operation of equipment or vehicles by unlicensed, untrained or unauthorised personnel Accidents caused by negligence or wilful default which lead to loss of life or bodily injury resulting in permanent disability Maintaining a labour camp or worker accommodation without authorisation
Cost (in AED)* 2,000 1,000 1,000 500 1,000 1,000 per plan 1 (per m of BUA) 3 (per m of BUA) 1 (per m of BUA) 3 (per m of BUA) 1,000 1,000 1,000 1 (per m of BUA) 4 (per m of BUA)
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16 17 18 19 20 21 22 23 24 25 26 27 28 29
Annual renewal of Building Permit Permit for shoring and piling (per scheme) Permit to vary working hours**
Permit for temporary road traffic diversion (per occurrence)
0.25 (per m of BUA) 1,500 Free 500 250 per hour 325 per hour 375 per hour 5,000 1(per m of affected area) 500
Building Inspection (normal working hours) Building Inspection (outside normal working hours)
Building Inspection (Friday, Saturday and Public Holidays)
Building Completion Certificate (BCC) Permit for alternations to existing structure Request for temporary utility supplies (per plot, subject to utility provider approval and connection charges) Request for permanent utility supplies (per plot, subject to utility provider approval and connection charges) Issue of initial Operation Fitness Certificate (OFC) Annual renewal of Operation Fitness Certificate (OFC) Other variations/special requests (non-design)
* The new contractor or consultant must have a valid registration with DWC. ** Subject to applicable law on working hours.
No. 1 2 3 4 5 6
Type of Violation
Unauthorised construction Non-compliance with approved plans Non-compliant hoarding Using building materials which are not approved by the relevant Government authorities Submission of non-standard drawings or resubmission of drawings without taking into account previous comments Hiring an unregistered contractor/consultant/subcontractor/supplier
Penalty (in AED) 50,000 + cost of demolition 10,000 + cost of demolition 10,000 25,000 10,000 25,000
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7 8 9 10
Proven deserted site Undertaking work without pre-approval (where applicable) of building inspectors Violating building standards and conditions (other than listed above) Any planning or construction activity (other than listed above) which results in a breach of the Regulations or applicable law leading to the issue of an Enforcement Notice
9. General Administration
No. 1 Type of Service
Service letters Free Zone Enterprises (NOC letters addressed to Government Authorities such as the Ministry of Health) Service letters Employees (letters in favour of the employee addressed to Government Departments or other bodies (e.g. DNRD, RTA or Consulate) Commercial letter issue to a Free Zone Enterprise employee to establish a UAE based company Post Office services (PO Box address within the DWC Free Zone) Temporary non-objection letter for Free Zone Enterprise Employees to work outside of the DWC Free Zone for up to 6 months Duplicate payment receipt
2 3 4 5 6
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SCHEDULE 2
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SCHEDULE 3
AVIATION CITY Address:PO Box 282228, Dubai, UAE Email: Tel:+9714 814 1111 Fax:+9714 814 1366
DUSERVE FM DWC-LLC Address:PO Box 282228, Dubai. UAE Email: Tel:+9714 814 1111 Fax:+9714 814 1366
DUSERVE DWC-LLC (HSE) Address:PO Box 282228, Dubai, UAE Email:hse@dwc.ae Tel:+97150 900 8030 Fax:+9714 814 1224
DUSERVE DWC-LLC (Planning & Permissions) Address:PO Box 282228, Dubai, UAE Email:pp@dwc.ae Tel:+9714 814 1111 Fax:+9714 814 1224
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SCHEDULE 4
REFERENCES
1. Planning Regulations and Development Guidelines 2. Construction Health, Safety and Environment (HSE) Guidelines 3. Operational Health, Safety and Environment (HSE) Regulations 4. Fit-Out Works Guidelines
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