Equipo Nizkor - State Law No. 9 of 2002 concerning the Red Crescent Organization in the United Arab Emirates.

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Zayed Ibn Sultan Al Nahyan
President of the United Arab Emirates
Ruler of Abu Dhabi
Maktoum Ibn Rashid Al Maktoum
Vice President and Prime Minister
Ruler of Dubai
Sultan Ibn Mohamed El Qasimi
Member of the Supreme Council of the United Arab Emirates
Ruler of Sharqa
Saqr Ibn Mohamed El Qasimi
Member of the Supreme Council of the United Arab Emirates
Ruler of Ras El Kheima
Hamid Ibn Rashid El Naimi
Member of the Supreme Council of the United Arab Emirates
Rashid Ibn Ahmed El Maala
Member of the Supreme Council of the United Arab Emirates

Hamad Ibn Mohamed El Sharqi
Member of the Supreme Council of the United Arab Emirates

United Arab Emirates Law No 9 of 2002
Concerning
The Red Crescent Organization in the United Arab Emirates

We, Zayed Ibn Sultan Al Nahyan, President of the State of the United Arab Emirates,

Upon purview of the Constitution, and

United Arab Emirates Law No 1 of 1972 and its amendments concerning the mandates of ministries and the powers of ministers ;

United Arab Emirates Law No. 6 of 1974 and its amendments concerning Societies for Public Service;

United Arab Emirates Law No. 7 of 1976 establishing the Public Accounting Authority;

United Arab Emirates Law No. 3 of 1987 : establishing the Penal Code, and

Upon the proposal by the Minister of Foreign Affairs, the head of the Red Crescent Society, the approval of the Council of Ministers, the Council of the United Arab Emirates and the ratification by the Supreme Union Council,

We hereby issue the following :

Definitions
Article 1

The State: refers to the United Arab Emirates

The Organization: the Red Crescent Organization in the United Arab Emirates

Head of the Organization: officer presiding over the Organization

Governing Board: the Governing Board of the Organization

Chairman of the Board: head of the governing board

Statutes: statutes of the Organization

Geneva Conventions: Geneva conventions adopted in August 1949, and the two Additional Protocols

International Movement: comprises National Societies members in the Red Cross and Red Crescent, the International Committee for the Red Cross, and the International Federation for Red Cross and Red Crescent Societies. Emblem: the Organization emblem.

Part One
Legal Status and Objectives

Article 2

By virtue of the provisions of this law, an independent Organization , shall be established for the United Arab Emirates, as a judicial personality with administrative and financial autonomy.

Article 3

The legal domicile of the Organization is the city of Abu Dhabi; the Organization shall be entitled to establish for itself branches within the United Arab Emirates or offices elsewhere outside the State .

Article 4

The Organization is the national organization entitled to pursue Red Crescent activities within the State and outside it. It shall operate as a voluntary relief organization which helps and supports public authorities in the State in times of war and peace, fostering state activities in the humanitarian domain, in accordance with prevailing laws, the Geneva Conventions of 1949, and any other conventions to which the State is party, and the fundamental principles of the Movement.

Article 5

The Organization's objective is to fulfill its humanitarian mission, which basically is to protect human life, ensure respect for human dignity, and alleviate suffering, through cooperation and coordination with authorities and competent bodies within the State and outside it by the following means:

1. Providing health services as far as possible through prevention, treatment of widespread diseases, awareness and rehabilitation programmes, providing health services to save the lives of the injured or sick, contributing in setting up field hospitals in areas stricken with epidemics, and providing first aid services, medical services and supplies by all possible means.

2. Planning and implementing relief operations by providing needed assistance, moral and material support to persons affected by natural disasters or armed conflict.

3. Establishing charities and engaging in social services which cater to vulnerable groups such as widows, orphans, old people, persons with special needs, and engages in the reunification of families separated under various conditions. Encouraging all sectors of the population, but more particularly youth to take part in voluntary activities which involves establishing training courses and programmes in specific areas, with the aim of developing trained volunteers as cadres for realizing the objectives of the Organization.

4. Propagating the principles and objectives of the international movement, as well as the principles and objectives of international humanitarian law.

5. Representing the State at conferences, seminars, and meetings at the local, regional and international levels to promote the aims of the Organization.

Part Two
Membership and Administrative Structure

Article 6

The head of the Organization shall approve public policies, and represent the Organization before the highest authorities in the State. He shall be appointed by a State decree.

Article 7

Membership of the Organization shall be accessible to all without discrimination. The Statutes shall define the conditions for accession to the Organization and those for forfeiting and withdrawing membership; and shall define the rights and duties of members.

Article 8

The General Assembly shall consist of all members as provided for by the Statutes of the Society; it shall meet once a year, but may hold extraordinary meetings as needed, by invitation of the Chairman of the Governing Board or whoever he delegates in his absence.

Article 9

1. The Organization shall be managed by a Governing Board consisting of an odd number of members, at least seven including the chairman, in accordance with the provisions of the Statutes.

2. The Chairman and a minimum of half the Governing Board shall be appointed by direct decision of the head of the Society, and the remaining members shall be elected by secret ballot cast by the General Assembly members.

3. Members of the Governing Board shall hold office for a four year period, which may be renewed according to the provisions of the Statutes.

4. Members of the Governing Board shall be nationals of the State of the United Arab Emirates. Members shall be at least twenty one years old, well reputed persons, known for their support of charities and voluntary work.

5. The Governing Board shall hold ordinary meetings at the Organization headquarters upon invitation by the chairman or his deputy in his absence, at least once every quarter. It can hold extraordinary meetings as deemed necessary upon the invitation by its chairman, or his deputy in his absence, or on request by no less than five of its members

Article 10

The Governing Board is the authority empowered to supervise the manner in which the Organization manages its affairs and discharges its business to realize its ends. It is particularly entrusted with the following:

1. Determines the general policy of the Organization, lays out plans for its management, and the investment of its funds.

2. Draws the Statutes and Rules of Procedure for the Organization, covering the organizational, administrative and financial matters.

3. Designs its organizational structure.

4. Proposes legislation.

5. Drafts the annual budget and end of year accounts to be approved by the head of the Organization.

6. Recommends the appointment of the Secretary General.

7. Appoints external auditors and determines their fees.

8. Opens domestic and foreign accounts for the Organization.

9. Approves the contingency plan and allocates the necessary funds.

10. Establishes standing and ad hoc committees.

11. Approves periodical reports about the activities of the Secretariat.

12. Drafts the provisional agenda for the General Assembly.

13. Considers matters referred by the head of the Organization.

14. Any other functions as may be mandated by these statutes or any other relevant laws, decisions or regulations issued in this respect.

Article 11

The Organization shall establish a General Secretariat headed by a Secretary General appointed by a decision of the head of the Organization upon recommendation by the Governing Board. The Secretary General shall manage the technical, administrative and financial matters in accordance with the laws, regulations and the decisions of the Governing Board, and shall represent the Organization before courts and third parties.

The Secretariat General shall assume its functions in the following areas:

1. Draw plans for the management of the Organization and investment of its funds.

2. Propose systems and regulations for the operation of the Organization.

3. Propose the establishment of standing and ad hoc committees.

4. Draft periodical reports about the work of the General Secretariat.

5. Draw the provisional agenda for the Governing Board, and follow up the implementation of its decisions.

6. Consider all matters relevant to its mandate as referred to it by the Governing Board, or the Board chairman.

7. Other responsibilities as may be stipulated in this or any other laws, decisions or regulations issued in this respect.

Part Three
Financial Matters

Article 12

The Organization shall issue an independent annual budget, in which expenses shall be paid in accordance with its financial and accounting regulations. The Governing Board may transfer funds from one section of the budget to another, and the chairman may transfer funds from one item to another.

Article 13

The Organization shall dispose of its funds in the manner deemed best to realize its objectives. It shall seek to provide its needs by calling public and limited tenders, price negotiation and by direct agreement within the scope of its annual budget, in accordance with its financial and accounting regulations. Budgetary surplus, if any, may be invested by a decision of the Board, provided such investment does not compromise the realization of the objectives of the Organization.

Article 14

The income of the Organization shall consist of the following:

1. Annual allocations from the State budget;

2. Contributions determined by the emirate members in the UAE to support the Organization;

3. Donations, grants, assistance, wills, and bequeathals as religious endowments (waqfs) to pursue the aims of the Organization;

4. Contributions by members as provided for by the Statutes of the Organization;

5. Revenue from its fixed and movable assets and investment proceeds;

6. Savings realized over previous years;

7. Any other revenue from sources approved by the Governing Board and aligned to the objectives of the Organization.

Article 15

Allocations made to the Organization may be increased upon a decision of the Council of Ministers, in the event that the Organization takes part in humanitarian tasks, relief operations, or provides assistance in excess of its financial capability.

Article 16

The Organization funds shall be deposited with a national bank within the State. An account may be opened with a bank in another country to cover expenses incurred for relief operations, assistance to persons affected by natural disasters, other emergency operations and the entire range of humanitarian, health and social services in accordance with the financial and accounting regulations of the Organization.

Article 17

Accounts of the Organization shall be reviewed by one or more authorized legal auditors s in accordance with established auditing principles. The auditors shall present their audit report to the Governing Board within four months from the end of the financial year. The auditor shall not combine his office as auditor with any other office as board member or any other office in the Organization.

Article 18

The Governing Board shall prepare the annual budget and final accounts for approval by the head of the Organization.

Article 19

The Organization shall present to the Council of Ministers an annual report about its actions and operations as well as the constraints encountered during its work.

Article 20

The Organization funds shall be considered public funds and thereupon exempted from prior control by the Public Accounting Authority of its financial disbursements.

Article 21

Funds, property, purchases, and humanitarian relief materials dispatched to the Organization from the International Movement of the Red Cross and Red Crescent or from any other foreign source, shall be exempted from taxes and customs duties and as well as other charges levied by the State.

Part Four
The Organization Emblem

Article 22

1. The Organization shall have a distinguishing emblem consisting of a red crescent against a white background, with the two ends pointing to the right hand side of the beholder.

2. The emblem of the Organization shall be placed on the Organization headquarters, its branches, and offices inside and outside the State, as well as on all its assets, premises, projects and vehicles.

Part Five
Penalties

Article 23

Without prejudice to more severe penalties provided for by any other law, a person convicted of any of the following crimes shall be punished as prescribed by this law.

Article 24

Any person who uses the name of the Organization or any similar name without written authorization from the Society, shall be punished by a prison sentence and by a fine that shall not exceed ten thousand riyals or by one of the two penalties.

Article 25

Any person who uses the emblem of the Organization, or its name (the Red Crescent) without being duly authorized to do so and commits any act which exposes the health or well being of others who put their trust in the emblem of the Organization, or its name, who are lured into believing such act to be a humanitarian one.

Article 26

Any person who uses the emblem of the Organization or its name (the Red Crescent) to obtain money or collect contributions in the name of the Organization, without due authorization, shall be punished by a prison sentence and the payment of a fine no less than five thousand dirhams, or by one of the two penalties, and repayment of amounts illegally received due to the Organization. Any person convicted of attempting to commit the said crime shall receive the same penalty.

Article 27

Any person who places the emblem of the Organization or its name (the Red Crescent) or any similar emblem on posters, advertisements or business publications or sticks such on any kind of material without permission from the Organization, shall be punished by a fine of no less than five thousand dirhams.

Part Six
General Provisions

Article 28

The Governing Board shall draft the general policy , Statutes, staff rules, and all other organizational, financial and administrative rules of procedure and same shall be approved by the head of the Organization.

Article 29

The statutes, rules and regulations in effect in the Red Crescent Society, shall remain valid until the new statutes, rules and regulations referred to under Article 28 of these Statutes are adopted. The Organization shall be considered an extension of the Red Crescent Society in the State, and all, assets and liabilities of the Society shall proceed to the Organization.

Article 30

Any legal provision which differs or conflicts with the present articles shall be abolished.

Article 31

This law shall be published in the Official Gazette, and enter into effect as of the date of its publication.

Zayed Ibn Sultan
Emir of the State of the Arab Emirates
Issued at the Presidential Palace in Abu Dhabi
28 July, 2002

Published in the Official Gazette No 384 dated 28 July 2002

Legislation
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28Jul02

State Law No. 9 of 2002 concerning the Red Crescent Organization in the United Arab Emirates