LAW NO. (1) OF 2000 OF DUBAI
TECHNOLOGY,
ELECTRONIC COMMERCE & MEDIA FREE ZONE
Article (1)
This Law
shall be known as "Dubai Technology, Electronic Commerce and
Media Free Zone Law No. (1) of 2000".
Article (2)
The following
words and phrases shall have the following meaning appearing
opposite each of them, unless the context implies otherwise.
Article (3)
There shall
be established by this Law:
a) a free
zone to be known as Dubai Technology, Electronic Commerce and
Media Free Zone, which location, area and boundaries shall be as
set out in the map attached to this Law.
b) a
corporate entity known as Dubai Technology, Electronic Commerce
and Media Free Zone, which shall be financially and
administratively independent and may sue or be sued in this
capacity. Its main premises shall be in the Free Zone, and it
shall be part of the Government.
Article (4)
The Free Zone
Authority shall be constituted of:
a – a
chairman
b – a director general
c – an executive body.
Article (5)
The Chairman
shall be appointed by the Ruler, and shall undertake the
supervision of the Free Zone. The Chairman shall have the power
and authority to issue rules and regulations necessary for the
operation and administration of the Free Zone, and for the
implementation of this Law.
Article (6)
The Director
General shall be appointed by the Ruler, and shall undertake the
administration of the Free Zone, under the supervision of the
Chairman in accordance with the provisions of this Law and the
rules and regulations issued in relation thereto and shall
represent the Authority towards third parties.
Article (7)
The Chairman
shall issue a special regulation governing the recruitment and
appointment of employees of the Authority’s Executive Body, and
the terms and conditions of their employment, dismissal,
salaries, duties, rights and other matters involving them.
Article (8)
The objects
of the Authority shall be:
a - to draw
up strategies and policies, and methods of implementation
thereof, in order to promote Dubai as a center for Technology,
Electronic Commerce and Media.
b- to prepare
researches and advise the Government in relation to laws
appropriate to the regulation and encouragement of Technology,
Electronic Commerce and Media in the Emirate, including but not
limited to:
1 – data
protection
2 -
protection of intellectual property right.
3 - control
of crimes associated with Electronic Commerce
c - to
establish, own and promote, either solely or with others,
establishments in the Free Zones, including but not limited to,
a University and a research centre.
d - to
co-ordinate with the other Free Zones in relation to matters of
mutual interest.
Article (9)
To achieve
its objects, the Authority shall undertake the following
functions and responsibilities:
1 - procure
infrastructure, buildings, management and any other services
required to achieve the Authority’s objects.
2 - regulate
business and activities within the Free Zone.
3 - provide
telecommunications and Internet services.
4 -
authentication of Internet and Electronic Commerce sites and
issuing of the necessary terms and conditions in relation
thereto. The Authority may also license other establishments
within the Free Zone to perform the authentication process of
such sites.
5 - establish
and license establishments in the Free Zone.
6 - regulate
commerce between establishments in the Free Zone and any other
parties outside the Free Zone..
7 - enter
into agreements with other Free Zones to enable the Free Zone
establishments to carry on business in those other zones.
8 - provide
the Free Zone establishments, upon request, with executives,
managers technicians, craftsmen and other workers in accordance
with the provisions of this Law, the regulations issued in
relation thereto, and any terms and conditions agreed upon by
the Authority and these establishments.
9 - enter
into leases of plots and buildings that may extend to periods up
to (50) years, with any establishment in the Free Zone, to
enable it to carry on its activity according to terms and
conditions agreed upon.
10- provide
of all kinds of services.
11- levy and
charge fees for the services it provides.
12- establish
an investment fund for providing capital to the Free Zone
establishments, and for investing the Authority’s funds in the
manner and method, and in the activities and projects, which the
Chairman deems fit.
Article (10)
The business
and activities carried on in the Free Zone shall include the
following:
1 - the
design, development, use and maintenance of everything relevant
to Information Technology .
2 - business
of Electronic Commerce
3 -
Telecommunications and media services
4 - provision
of services through the Internet or through any other medium
including banking, financial services, insurance, education,
call centres, marketing operations, information and recreation
services .
5 -
integrated marketing and public relations services.
6 - assembly
and packaging of products manufactured within or outside the
Free Zone.
7 - import,
export and storage of products.
8 - the
development and manufacture of products.
9 -
warehousing, logistics, distribution and redistribution services.
Article (11)
Subject to
the provisions of Article (23) of this Law and the regulations
issued in relation thereto, the Free Zone shall be open to all
kinds of products from all sources, whether local or foreign.
Article (12)
The products
brought, manufactured, produced or developed in the Free Zone
shall be exempt from customs duties, and shall not be subject to
any customs duties or any other fees when exported.
Article (13)
Products kept
in the Free Zone, used in any process, or integrated in the
manufacturing of any product in the Free Zone shall be exempt
from customs duties.
Article (14)
Products
exported from the Free Zone to the "Customs Zone" in Dubai shall
be deemed to have been exported from abroad for the first time,
and shall be subject to customs duties.
Article (15)
Free Zone
establishments and employees shall be exempt from all taxes
including income tax with regard to their operations within the
Free Zone. They shall also be excluded from any restrictions on
repatriation and transfer of capital, profits or wages in any
currency to any place outside the Free Zone for a period of (50)
years. This period may be renewed for further similar periods by
a resolution issued by the Chairman. Such period shall be
calculated from the date of the beginning of work of such
establishments or employees.
Article (16)
Assets or
activities of the Free Zone establishments shall not be subject
to nationalization or any measures restricting private ownership,
throughout the period of their activities in the Free Zone.
Article (17)
Free Zone
establishments may employ or hire whomsoever they choose in
their operations in the Free Zone, provided that such employees
are not subject to any countries politically or economically
boycotted by the UAE.
Article (18)
The
operations of Free Zone establishments or employees, within the
Free Zone, shall not be subject to the laws and regulations of
Dubai Municipality, the Department of Economic Development of
the Government of Dubai, or the powers and authority falling
within their jurisdiction.
Article (19)
Companies
with limited liability may be incorporated in the Free Zone in
accordance with the Free Zone Regulations, and shall be
considered as Free Zone establishments. These companies may have
one or more shareholders, whether natural or corporate persons,
local or foreign.
Article (20)
The Authority
shall have the power to approve the establishment and
registration of the Free Zone establishments, and to regulate
all procedures and matters relating thereto, including
incorporation and registration of companies referred to in
Article (19), levying registration fees, setting out terms and
rules governing such companies, regulations regarding their
liquidation or any other matters as the Authority deems
necessary for the proper supervision and control of such
companies.
Article (21)
Every limited
liability company incorporated in accordance with Article (19)
of this Law, shall set out beside its name the following
particulars, in all its activities, contracts, notices invoices,
correspondence and publications:
a) that the
company is incorporated in accordance with this Law, and that it
is a limited liability company.
b) that it is
a company in the Free Zone.
in the cases
where clause (a) and/or clause (b) of this Article are
disregarded, the company’s owner or owners shall be personally
liable for the obligations of the company.
Article (22)
The Chairman,
the Director General or the employees and workers of the
Authority shall not be liable to any third party for the
operations or obligations of the Free Zone Establishments or
their employees.
Article (23)
The following
products, goods and services shall be prohibited in the Free
Zone:
a) goods and
services in violation of intellectual property law, including
those in violation of laws and rules relevant to trademark,
patent, copyright and design rights.
b) products
boycotted by the UAE
c) all goods,
products and services prohibited under the laws in force in the
Emirate and/or the UAE.
The Authority
shall have power to specify or amend the list of prohibited
products and services in accordance with the laws of the
Emirate, as well as the power to grant exemptions from such
prohibitions.
Article (24)
The following
activities shall be prohibited within the Free Zone:
a - any
unlicensed activity by any natural or corporate person, which
requires a license within the Free Zone:
b - any
activity contrary to the Free Zone Regulations.
c – any
willful activities designed to disrupt computer networks &
software such as the creation and distribution of computer
viruses.
Article (25)
Assignment of
the license issued by the Authority, to another party, shall be
prohibited without the prior written consent of the Authority.
Article (26)
The Authority
shall have the power to control and inspect the activities of
Free Zone establishments which are suspected to be in breach of
the provisions of this Law or any other regulation.
Article (27)
The Ruler may
establish a court and/or an arbitration tribunal with the
jurisdiction of hearing claims and suits arising out of, or in
connection with, activities carried out by Free Zone
Establishments within the Free Zone, including claims and suits
between these establishments and any other parties outside the
Free Zone.
Article (28)
The Director
General may impose civil penalties on any person who is in
breach of any provision of this Law and the Regulations issued
in relation thereto, or in breach of the terms and conditions of
the license issued by the Authority, all in accordance with a
special regulation to be issued by the Chairman.Following is an
artist's impression of the proposed Dubai Internet City site
plan. The site is located on Sheikh Zayed Road, next to the
American University.This area overlooks the Emirates hills golf
course development.
In May 2003, the Dubai Technology and Media Free Zone announced
that the Private Companies Regulations for Free Zone Limited
Liability Companies had been issued.
The regulation was designed to provide a comprehensive
regulatory base for Free Zone Limited Liability companies, and
further enhance the business environment that the Free Zone’s
companies enjoy.
"We are confident that the new Regulations will provide a
greater degree of certainty to our Business Partners who have
formed Free Zone Limited Liability companies,” explained Ahmad
Bin Byat, Director General of the Dubai Technology and Media
Free Zone, at the time.
“The Private Companies Regulations have been developed as part
of our commitment to ensure that our Business Partners can
function within a legal framework that provides security for
their investments and a means for effectively resolving
conflicts,” he added.
Two other laws developed by the Free Zone’s legal department in
conjunction with international agencies had already been
accepted as Dubai Law at the time – the Facilitation of
Electronic Transactions Law and the Electronic Crimes Law.