On Establishment of Federal Authority for Competitiveness and Statistics
We, Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates,
- Pursuant to the perusal of the Constitution;
- Federal Law No. (1) of 1972 on Competencies of the Ministries and Powers of the Ministers and its amendments;
- Federal Law No. (3) of 1987 on the promulgation of the Penal Code and its amendments;
- Federal Law No. (35) of 1992 on the promulgation of the Criminal Procedure Law and its amendments;
- Federal Law No. (9) of 2006 on the population record and ID card system;
- Federal Law No. (11) of 2008 on human resources in the Federal government and its amendments;
- Federal Law No. (9) of 2009. Concerning the Establishment of The National Bureau of Statistics;
- Federal Law No.(1) for 2011 on the general revenuers of the UAE
- Federal Law No. (8) of 2011 on the Re-organization of the State Audit Institution;
- Federal Decree Law No. (5) of 2011 on the Organization of the Boards of Directors, Boards of Trustees and Committees in the Federal Government;
- Federal Law by Decree No. (8) for 2011 regarding Rules for Preparation of General Budget and Final Accounts;
- And based on the approval of the Cabinet;
We have issued the following Decree Law:
In application of the provisions of the Decree Law herein, and unless otherwise indicated by the context, the following terms and phrases shall have the following meanings assigned to them below:
State : United Arab Emirates
Authority : The Federal Authority for Competitiveness and Statistics established in accordance with the provisions of this decree law.
Board of Directors : The Board of Directors of the Authority
Chairman : Chairman of the Board of Directors
Director : General Director of the Authority
Governmental Bodies : All Federal and local governmental bodies in the State
Competent Authority : Authority entrusted with powers to do the statistic affairs in any emirate
Data : Numbers or information collected through surveys, censuses and search in administrative records or any other sources, for the purpose of accessing statistical information or concluding competitiveness indicators
Statistic Information : Data collected, organized, summarized, presented and analyzed for the aim of accessing trusted results
The Surveyed : Natural or Corporate person committed to provide statistic data or information in accordance with the provisions of this decree law
Administrative Records : Paper or electronic records in which statistical information is recorded, in any of the government or non-governmental bodies.
Statistic Document : Maps, charts, records, forms, manuals, methodologies and sample lists, or the like, which contain statistical data and information.
Survey : Any way used for the purpose of collecting statistical data and information
Competitiveness : The ability of the State to achieve balance between quality of life and levels of productivity while ensuring prosperity in both the public and private sectors.
Competitiveness Indicators : Statistical data or information prepared in accordance with methodologies approved by the Authority to be used in the Global Competitiveness Reports.
Competitive Initiatives : Programs, activities, actions or suggestions that would improve the performance of the State in the Global Competitiveness Reports, in accordance with the applicable international standards.
Global Competitiveness Reports : Reports assessing the level of competitiveness in the world and including it within tables determining the extent of leadership for each country in specific sectors.
International Institutions : Any international body working on the collection and analysis of data, and the issuance of global reports, or working to feed other institutions in the field of dissemination of this data or these reports.
Competitiveness Questionnaires : Questionnaires approved by one of the international institutions, which the Authority distributes over a certain Surveyed segment, and then these questionnaires will be collected and sent to international institutions.
Establishment of the Authority
A. Pursuant to the provisions of this Federal decree law, it is hereby established an independent public authority, called (the Federal Authority for competitiveness and Statistics), that shall be affiliated to the Council of Ministers, which will have legal personality and financial and administrative independence as well as the legal capacity necessary to direct all actions and behaviors to achieve the goals of the Authority.
B. The Authority shall replace the National Bureau of statistics established under Federal Law No. (9) of 2009, and Emirates Competitiveness Council established pursuant to the resolution of the Cabinet No. (309/13 m) of 2009.
The Authority's Headquarters
The Authority’s headquarters shall be located in the city of Dubai, Branches or offices may be established inside the State.
The Authority Objectives
The Authority aims to achieve the following:
1. Organizing the statistical and competitiveness sector in terms of the interest of the State.
2. Building an integrated national statistical system.
3. Upgrading the State's competitiveness in various sectors.
4. Enhancing the prestige of the State within the global competitiveness indicators and achieving sustainable development.
5. Building national capacity in statistical and competitiveness sector.
The Authority Competencies
In terms of achieving its objectives, the Authority shall have the following competencies:
1. Proposing policies, strategies and plans related to statistical and competitiveness work, in coordination with government agencies and the competent authority, and ratifying them by the Council of Ministers.
2. Studying the best international practices in all areas of statistical and competitiveness work, and working on implementing them.
3. Promoting and disseminating the culture and the importance of statistical data and information in the State.
4. Providing training and technical support to all government agencies for the promotion of statistical and competitiveness work, in accordance with the best international practices in this regard.
5. Preparing and implementing a uniform statistical system within different sectors, characterized by comprehensiveness, accuracy, consistency, continuity and modernity at the State level.
6. Classifying and analyzing the statistical information and competitiveness indicators in cooperation with government agencies and competent authorities, and working on providing and making them available.
7. Standardizing definitions, methodologies and classifications specified within the criteria used in statistical and competitiveness work. Such act shall be done in coordination with government agencies and international institutions.
8. Representing the State in conventions, programmes and international forums concerning statistical and competitive work in coordination with the concerned authorities in the State.
9. Holding conferences, seminars and workshops on statistical and competitive work in coordination with the concerned authorities in the State.
10. Providing information services, technical consultancy, technical and conducting the specialized surveys for applicants.
11. Any other tasks and competencies entrusted thereto by virtue of a law or a decision of the Cabinet.
Board of Directors
The Authority shall be managed by a Board of Directors. The Board of Directors shall be established by virtue of a decision of the Cabinet. The decision shall determine the Chairman of the Board of Directors and his deputy, the remuneration of the Board’s Chairman and members, and the mechanism of holding its meetings and decision making process.
The Competencies of the Board of Directors
A. The Board of Directors shall be the higher authority specialized in the Authority’s affairs, and shall be responsible before the Council for achieving the objectives and implementing the policies for which the Authority was established. It shall exercise the required authorities and powers to achieve its purposes, namely:
1. Set the Authority’s general policy and supervise its implementation upon being ratified by the Cabinet.
2. Set policies, strategies and plans related to statistical and competitiveness work, in coordination with government agencies and the competent authority, and submit the same to the Cabinet for approval.
3. Adopt the Authority’s regulations, rules and work plans necessary for proper functioning.
4. Follow up the coordination of the statistical and competitive work at the State level.
5. Adopt the Authority's draft annual budget and final accounts and submitting them to the Ministry of finance to be included within the laws of linking between public budget and final account.
6. Adopt the Authority’s organizational structure and submitting the same to the Cabinet for approval.
7. Appoint an external auditor, or more, if necessary, and determine fees thereof.
8. Follow up the Authority’s progress in the area of competitiveness and verify the achievement of the competitiveness initiatives.
9. Follow up and adopt the annual reports for the Authority's accomplishments.
10. Follow up governmental responsibilities relating to the implementation of the annual plan of statistical and competitive work.
11. Form the committees and permanent and temporary work teams to execute the Authority's tasks, while specifying the responsibilities and work mechanism of each one of them.
12. Any tasks entrusted thereto by the Cabinet.
B. The Chairman of the Board may delegate some of his prerogatives provided that this delegation will be written or specified.
The Authority shall have a General Director with the rank of under-secretary, who is appointed by virtue of a federal decree based on the recommendation of the Chairman of the Board.
Competencies of General Director
A. The General Director shall be responsible before the Board of Directors for achieving the general policy approved by the Authority and the good functioning of the technical, administrative and financial affairs, in accordance with the applicable regulations. The General Director shall exercise the required authorities and powers to achieve his purposes, namely:
1. Suggest the Authority’s regulations, rules and work plans necessary for proper functioning and submit the same to the Board of Directors for approval.
2. Follow up the implementation of plans, programmes, projects and activities supervised, managed or implemented by the Authority.
3. Adopt plans and programmes for the rehabilitation and training of the Administrative System in the Authority.
4. Supervise the administrative activities of the Authority and for all workers thereof.
5. Prepare the draft annual budget and final balance sheet of the Authority, and submit the same to the Board of Directors.
6. Draft the organizational structure and the general policy of the Authority and submit the same to the Board of Directors for approval.
7. Supervise the functioning of the Authority and submit the periodic reports on the Authority's work to the Chairman.
8. Represent the Authority before the courts and before third person, concluding contracts and conventions necessary to achieve the objectives of the Authority.
9. Prepare the agenda of the Board of Directors in coordination with the Chairman and keeping records of meetings of the Board of Directors.
10. Any tasks or powers entrusted thereto by the Board of Directors or the Chairman.
B. The General Director may delegate some of his prerogatives to any of the senior management in the Authority provided that this delegation will be written or specified.
The Authority shall have an Administrative System which assists the General Director in the entrusted competences, and shall be assigned according to the current human resources system applicable in the Authority.
Providing statistical data and information
Both Government bodies which are under survey shall provide all the statistical data and information requested by the Authority to achieve its objectives, and to facilitate the task of the Authority staff to verify data and statistical information and competitive initiatives, and shall enable them to access records, papers, documents and other information media, any information, documents or data sought for the purposes of carrying out their work.
The relationship between the Authority and the competent authority
To enable the Authority to carry out its functions and competencies, the competent authority shall do the following:
1. To coordinate with the Authority for upgrading the competitiveness of the State, and to take all necessary measures to provide the data and information requested by the Authority.
2. To coordinate with the Authority when conducting any amendments to the record forms or the statistical mechanisms used, in order to meet these records, forms and mechanisms for statistical requirements.
Conducting Statistical Survey
A. Government authorities may carry out statistical survey specialized in its area of work to gather specific statistical data and information, in accordance with the criteria adopted by the Authority for this end.
B. The Authority may license non-governmental bodies to do statistical surveys according to types, conditions and controls issued by virtue of a decision of the Cabinet upon a proposal of the Board of Directors.
C. Except as provided in paragraphs (a) and (b) of this Article, any universities or educational institutions and licensed Academy in the State, may conduct specialized statistical survey which is linked to educational and academic activities, in accordance with the conditions and controls set by the Authority.
The Authority’s fiscal year shall begin on the first day of January and shall end on the thirty-first of December of each year. However, the Authority's first fiscal year shall begin on the effective date of the Decree Law herein and shall end on the thirty-first of December of the following year.
Authority Funds Management
The Authority funds are managed and the accounting and financial affairs are organized in accordance with the rules specified by virtue of the decision of the Cabinet No. (9) of 2014 on a list of common accounting and financial policies of the federal authorities, or any other legislation.
A. The Authority’s resources shall consist of the following:
1. The annual credits allocated by the State to the Authority in the public budget.
2. The revenues achieved in the Authority’s activities and services made by the Authority.
3. Gifts, donations, grants and subsidies, which do not conflict with the objectives of the Authority, and accepted by the Board of Directors.
B. All revenues shall be put in the General treasury of the Federation.
Fees of Authority's services
The Authority may charge fees for statistical licenses for the required surveys, data, information and the statistical bulletins. It may also collect fees for providing information services, technical consultancy, and conducting surveys for applicants or providing training and hosting of conferences, seminars and workshops. The fees shall be determined by virtue of a decision of the Cabinet.
A. The Authority shall be subject to the control of the Audit Institution which provides all of the requested data or information concerning its work.
B. The Board of Directors may appoint an external auditor, or more, if necessary, and it is allowed to determine his fees provided that such auditor shall supervise and audit the authority accounts in accordance with applicable laws, regulations and international accounting standards in the public sector, and may submit the annual and periodic reports to the Board of Directors regularly and on time. The Auditor shall not combine between his work and membership in any other authority.
Confidentiality of Statistical Data and Information
A. All the statistical information and data submitted to the Authority shall be deemed confidential, thus, neither the Authority nor any of its officers may inform any person or public or private party about such information and data, disclose the same, or use it for any purpose other than the statistical and competitiveness work except for what was at the request of the competent bodies in accordance with the applicable legislation.
B. The Authority is committed when publishing statistical information not to show any personal data relating to the Surveyed, in order to preserve the confidentiality of such data.
C. The Authority shall take all necessary measures to protect the data and statistical information provided they are collected and stored in places where conditions of security and safety are available in accordance with what the Board of Directors deem appropriate based on a proposal of the General Director.
The person shall be deemed to be withholding data, should not he provide the required data within (30) days from the date of notification thereof, unless the same person had a legal excuse withheld him from submitting this data, with the exception of the census work in which the data submission shall be scheduled by virtue of a decision by the Cabinet to that end.
Imprisonment for a period of a year and a fine no less than (100,000) one hundred thousand dirham, or one of these two penalties shall be imposed on the following cases:
1. Every person who discloses any statistical data or information or confidential competitive reports that have been referred to in this decree by law or any of the secrets of the different sectors of the state, may be seen by virtue of his work contrary to the provisions of this law decree.
2. Any person that deliberately kept any statistical secret documents, data or information related to the competitiveness of the state, deliberately destroyed or falsified any statistical document or competitive questionnaires.
Imprisonment for a period of no less than a year and a fine not more than (150,000) one hundred fifty thousand dirham or one of these two penalties shall be imposed on the following:
1. Every person that held out the quality of the Authority staff or the quality of any person assigned to do a task related to census, statistical survey or the competitive questionnaires.
2. Every person that gave deliberately misleading statements to any of the assigned persons to do census, statistical survey or the competitive questionnaires.
3. Whoever intentionally gives misleading statements to any person entrusted in census work or a statistical survey or competitiveness questionnaires.
4. Every person got through any of the Authority's staff or through its records or entries secret statistical data or information by the way of fraud, threat or pretenses or by any other means contrary to the applicable legislations.
5. Every person intended or caused to publish incorrect statistics, results reports or competitive questionnaires.
A fine of fifty thousand (50,000) dirhams and not more than two hundred thousand (200,000) dirham shall be imposed on the following:
1. Anyone lost a confidential statistical document due to negligence.
2. Every person declined to give statistical data or information after being notified in accordance with the provisions of the article (20) of this decree.
Without prejudice to the penalties specified in this decree Law by virtue of any penalty harsher prescribed by any other law.
The assigned staff who are designated by a resolution from the Minister of Justice in agreement with the President, have the quality of the judicial officer in proving the violation of the provisions of this decree by law within the scope of the competence of each one of them.
The Authority's staff shall be subject to the decision of the Cabinet No. (15) of 2013 on regulation of human resources in the independent federal bodies, or any legislation.
Adjustment & Reconciliation
A. All the staff of the National Bureau of statistics and the Emirates Competitiveness Council shall be transferred to the Authority, without prejudice to the acquired rights of any of them, provided that the Cabinet shall issue the necessary decisions.
B. All the rights, credits, assets and financial allocations for each of the National Bureau of statistics and the Emirates Competitiveness Council, and their obligations shall be referred to the Authority, provided that the Ministry of finance shall issue the necessary decisions.
C. Work shall continue under the applicable resolutions and regulations in each of the National Center for statistics and the Emirates Competitiveness Council at the time of promulgation of this decree-law in a way not contradicting provisions hereof, until the regulations and decisions have been issued.
The cabinet shall issue the necessary decisions to implement the provisions of this decree-law, including:
1. Regulations and terms containing the requirements, controls, services and charges to carry out the provisions of this law by decree.
2. List of administrative irregularities, measures and penalties concerning the application of the provisions of this law by decree.
The Federal Law No. (9) of the year 2009, on the National Bureau of statistics shall be canceled, and every provision contravening or contradicting the provisions hereof shall be canceled.
Publication and Entry into force
The Decree Law herein shall be published in the Official Gazette and shall enter into force on the day following its publication.
Khalifa bin Zayed Al Nahyan
President of the United Arab Emirates State
Issued by Us in Abu Dhabi Presidential Palace
Date: 29 Dhi ALqeda 1436 A.H.
Corresponding to: 13 September 2015 A.D.