Cabinet Resolution Regarding the Executive Office for Control and Non-Proliferation (EOCN)
Formal Name: Formal Name Cabinet Resolution No. (15) of 2022 Regarding the Executive Office for Control and Non-Proliferation (EOCN)
The Cabinet:
− Having reviewed the Constitution;
− Federal Law No. (1) of 1972 Regarding the Jurisdictions of Ministries and the Powers of Ministers, and any amendments thereto; the Competencies of Ministries and the Powers of Ministers, as amended;
− Federal Law No. (40) of 2006 Regarding the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons, as amended;
− Federal Decree by Law No. (11) of 2017 Regarding the Delegation of Certain Competencies to the Cabinet;
− Federal Decree by Law No. (43) of 2021 Regarding Goods subject to Non-Proliferation;
− Cabinet Resolution No. (74) of 2020 Regarding the Terrorists Lists and Implementation of UN Security Council Decisions relating to Preventing and Countering Financing Terrorism and Leveraging Non-Proliferation of Weapons of Mass Destruction, and the Relevant Resolutions; and,
− Upon the Proposal of the Minister of Foreign Affairs and International Cooperation, and the Cabinet approval;
Hereby resolves as follows
Article (1) Definitions
For the purposes of implementing the provisions of this Resolution, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
The State: The United Arab Emirates.
The Minister: The Minister of Foreign Affairs and International Cooperation.
The Ministry: The Ministry of Foreign Affairs and International Cooperation.
The Office: The Executive Office for Control and Non-Proliferation (EOCN), established by virtue of this Resolution.
Decree by law: Federal Decree by law No. (43) of 2021 Regarding Goods subject to Non-Proliferation.
Concerned Authorities: Federal or local authority competent for the circulation of goods subject to this Decree by law.
Non-Proliferation: The prohibition of illicit and unauthorized circulation of goods that contribute to the production or development of weapons of mass destruction, related technology and means of delivery.
Goods: The materials, systems, equipment, components, software or technology listed in the Goods Schedule.
Goods Schedule: The list of goods issued by a resolution of the Cabinet, in accordance with the provisions of the Decree by law.
Permit: The prior authorization to circulate the goods referred to in Article (2) of the Decree by law.
Article (2) Establishment of the Office
An independent office called the "Executive Office for Control and Non-Proliferation" (EOCN) shall be established, affiliated to the Ministry, and it shall be the competent authority for implementing the provisions of Federal Decree by law No. (43) of 2021 Regarding Goods subject to Non-Proliferation.
Article (3) Competences of the Office
The Office shall be vested with the following competences:
1. Undertake procedures to implement the provisions of the Decree by law, prepare proposals and recommendations regarding the amendment of the goods schedule referred to in the decree by law, whether by deletion, addition, or substitution, and submit them to the Cabinet;
2. Confiscation of contravening goods that have been seized and disposal thereof, in coordination with the concerned authorities, in accordance with the provisions of the Decree by law and its implementing Regulation;
3. Propose the categories and fees for obtaining permits issued thereby in implementation of the provisions of the Decree by law, and submit them to the Ministry of Finance to be presented to the Cabinet;
4. Follow up on the implementation of the decisions and requirements of the United Nations Security Council and other relevant international and regional organizations, in coordination with the Concerned Authorities, and in accordance with the legislation in force in the State, and submit reports thereon to the Minister;
5. Coordinate and supervise the implementation of targeted financial sanctions related to the Terrorism Lists Regulation and the implementation of Security Council decisions regarding the prevention and suppression of terrorism and terrorist financing, and the counter-proliferation and financing of arms, in coordination with the Concerned Authorities;
6. Serve as the technical focal point for following up on the State obligations regarding the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons;
7. Prepare the annual disclosure of the materials listed in the schedules of the Organization for the Prohibition of Chemical Weapons (OPCW) imported into or exported from the State in coordination with the federal and local authorities competent in customs affairs and the Concerned Authorities in the State;
8. Coordinate and supervise visits by international teams of experts and inspectors to the State, in coordination with the Concerned Authorities;
9. Cooperate and coordinate with the Concerned Authorities regarding the procedures governing circulation, in accordance with the provisions of the Decree by law;
10. Publish the Office’s decisions and disseminate them to the Concerned Authorities; and
11. Any other competencies entrusted to it by the Decree by law and the regulations and resolutions issued pursuant thereto, and any duties assigned to it by the Cabinet or the Minister.
Article (4) Office Budget
The Office’s financial resources shall consist of the following:
1. Financial allocations to the Office within the Ministry budget;
2. Grants provided to the Office by the Ministry of Presidential Affairs;
3. Revenues generated by the Office from exercising its competencies; and
4. Any other financial resources or grants approved by the Minister.
Article (5) Organization of Work in the Office and the Legislation Applicable Thereto
1. The Office shall have its own organizational structure, financial and contractual regulations, and human resources. A resolution shall be issued for their approval by the Cabinet based on the Minister proposal. The Minister shall issue all other resolutions necessary to implement the provisions thereof and for organizing the work in the Office.
2. The Minister may establish an Executive Committee from the Concerned Authorities to assist the Office in exercising the competencies entrusted thereto. The resolution shall define its duties and its system and mechanism of work.
Article (6) Abolition of the Committee for Goods Subject to Import and Export Control and Its Executive Office
1. The Committee for Goods Subject to Import and Export Control and its Executive Office shall be abolished.
2. The Office shall replace the Committee for Goods Subject to Import and Export Control established in accordance with Federal Law No. (13) of 2007 Regarding Goods subject to Import and Export Control, and the Executive Office of the Committee, in the following:
a. The competencies assigned thereto and stipulated in the legislation in force in the State;
b. The financial and legal rights and obligations thereof, and all their assets and properties, which shall be transferred to the Office; and
c. Their dedicated budget.
Article (7) Repeals
Any provision that contradicts or conflicts with the provisions of this Resolution shall be repealed.
Article (8) Publication and Entry into Force
This Resolution shall be published in the Official Gazette and shall enter into force from the day following the date of its publication.