Sector: Economy and Business Practice

Combating Commercial Fraud in the UAE: Protecting Markets and Consumers

Combating Commercial Fraud in the UAE: Protecting Markets and Consumers

The United Arab Emirates is committed to protecting its markets and consumers while enhancing trust in its commercial and investment environment. In this context, Federal Decree-Law No. (42) of 2023 on combating commercial fraud was issued to replace the previous law and establish a comprehensive system to address fraud and counterfeiting, regulate oversight and inspections, and define penalties for violators. This guide presents the provisions of the law as stated in its official text to help traders, businesses, and consumers understand their rights and obligations accurately.

What is the Commercial Fraud Law in the UAE, and how does it protect markets and consumers?

First

Key Definitions in the Law

The law defines commercial fraud in its first article as deceiving the consumer by any means, including altering or changing the nature, quantity, type, price, or essential characteristics of goods, their origin, source, or suitability, or by providing false or misleading commercial information about promoted products or any other related matter that leads to consumer deception. The law distinguishes between three types of infringing goods:

Counterfeit Goods

Goods that have undergone changes that diminish their material or moral value, are advertised contrary to their reality, or do not meet the specifications and standards set in the country.

Spoiled Goods

Any goods that are no longer suitable for exploitation, use, or consumption, either wholly or partially.

Counterfeit Goods

Any goods that bear, without permission, a trademark identical or similar to a legally registered trademark.

The law defines the supplier as any natural or legal person engaged in importing, exporting, re-exporting, manufacturing, producing, marketing, trading, promoting, selling, possessing, storing, transporting, or displaying, while the dealer is the person who purchases the goods.

Second

Objectives of the law and its scope of application

The law specifies in its second article three main objectives: combating the activities of counterfeiting original goods and all forms and types of commercial fraud, establishing mechanisms, controls, and procedures to prevent trade in counterfeit, fraudulent, and spoiled goods, and creating a legal commercial environment that encourages the protection of intellectual property rights.

The application includes free zones

Article three explicitly states that the provisions of the law apply to anyone who commits an act of commercial fraud in the state, including free zones, which expands the scope of protection to include all markets without exception.

Third

Prohibited acts under the law

Article four prohibits the importation of fraudulent or spoiled or counterfeit goods or their export, production, manufacturing, display, sale, storage, transport, marketing, trading, promotion, disposal, or possession for sale, and also prohibits attempting any of these actions. Anyone who commits, participates in, or attempts to commit any of the following acts is considered in violation of the law:

  • Import and trade with knowledgeImporting fraudulent or spoiled or counterfeit goods or materials intended for these purposes with the intent of commercial fraud, or exporting, re-exporting, manufacturing, producing, selling, storing, transporting, or trading them with knowledge of this.
  • Deception in the specifications of the goodsDeception, fraud, or imitation in the type, number, amount, measurement, weighing, energy, quality, essence, truth, nature, characteristics, elements, origin, source, composition, or expiration date of goods.
  • Possession for marketing purposes.Possession, either directly or indirectly, for the purpose of marketing, trading, promoting, or displaying counterfeit, spoiled, or imitated goods for sale, or materials for counterfeiting goods.
  • Preparation and packaging tools.Using containers, vessels, wrappers, packages, labels, or printed materials in the preparation or handling of goods intended for sale that are non-compliant, or in their packing, wrapping, bundling, distributing, storing, or transporting.
  • False description and misleading advertising.Describing, advertising, or presenting goods in a manner that contains false, deceptive, or misleading information.

Fourthly.

Supplier obligations and the rule of non-exemption by the knowledge of the dealer.

Article eight requires the supplier to present to the competent authority or ministry, as applicable, the mandatory commercial books or equivalent that clarify the commercial data of the goods owned or possessed, their value, and all supporting documents and invoices when requested, and to place on the goods identification labels or any information indicating the components of the product and how to use, maintain, or store it according to applicable laws. Article five also obliges him to withdraw non-compliant goods from markets and warehouses on his own or based on the order of the competent authority, bearing the costs of withdrawal, disposal, destruction, or return to the source.

The dealer's knowledge does not exempt the supplier.

Article six established an important rule: the supplier is not exempt from the penalties prescribed by law by proving that the buyer was aware that the goods were counterfeit, spoiled, or imitated. The executive regulation also organizes the cases in which an administrative fine may be imposed on the buyer if the goods are harmful to human or animal health and he was aware of it.

Fifth

Consumer Rights: Refund and Compensation

The law considered the rights of the good-faith buyer, as Article seven stipulated the supplier's obligation to refund the value of counterfeit, spoiled, or imitated goods, or to replace or change them according to the good-faith buyer's desire, without prejudice to his right to claim compensation. This provides the consumer with a civil remedy in addition to the punitive route for the violator.

Sixth

Judicial Authority and Its Powers

According to Article nine, employees designated by a decision from the Minister of Justice in agreement with the Minister of Economy or the head of the local judicial authority, as applicable, shall have the status of judicial officers to prove violations of the law and its executive regulation. Article ten granted them broad powers:

Entry and Inspection

The right to enter commercial establishments, warehouses, factories, and all non-residential places at any time for inspection and to review records and books.

Seizure and Retention and Sampling

Seizing suspected goods or retaining them with the supplier under his responsibility, and taking samples for examination and analysis.

Occupational Safety

Taking necessary preventive measures to ensure health and occupational safety during inspection tasks.

Article eleven prohibited judicial officers from performing their duties, and also prohibited the supplier from disposing of retained goods before the examination results are approved.

Seventh

Retention of Goods and Request for Release

Article twelve allows the supplier whose goods have been seized or retained to submit a request for release to the competent court, which may order the release within 24 hours of the request under the conditions that the supplier provides evidence that the goods are perishable or subject to damage, that samples have been taken for examination, and that the court is convinced there is no risk to public health. Additionally, the goods will be released if no order from the court to uphold the retention is issued within 45 days from the date of seizure, provided this period does not exceed 20 days for goods at risk of rapid spoilage or damage.

Eighth

Precautionary Administrative Closure

Article thirteen permits, by a reasoned decision from the minister or his delegate, or the head of the local authority or his delegate, in cases of necessity or urgency and when there is strong evidence of counterfeit, spoiled, or imitated goods with the supplier, to close the establishment or location where the crime occurred, provided that the order is presented to the competent court within 10 working days from the date of issuance for approval or cancellation; otherwise, the decision is considered null.

Ninth

Supreme Committee for Combating Commercial Fraud

Article fourteen established a committee called the 'Supreme Committee for Combating Commercial Fraud' under the Ministry of Economy, with its formation, operational system, and competencies determined by a decision from the Council of Ministers based on the minister's proposal in coordination with the relevant authorities. The detailed competencies of the committee will be defined later by a regulatory decision from the Council of Ministers.

Tenth

Imposed Penalties

Article sixteen states that — without prejudice to any harsher penalty prescribed by any other law — penalties for the crimes specified in the law are imposed as provided therein. The penalties are tiered according to the severity of the act:

The primary penalty — Article (17)Imprisonment for a period not exceeding two years, and a fine of not less than 5,000 dirhams and not exceeding 1,000,000 dirhams, or one of the two penalties, for violating the provisions of Articles (4), (5), (8), and (11).
The aggravated penalty — Article (18)Imprisonment and a fine of not less than 100,000 dirhams and not exceeding 2,000,000 dirhams, or one of the two penalties, when using counterfeit scales, seals, or testing machines, or if the goods are harmful to human or animal health and safety, or are medical drugs, agricultural products, or organic food products.
Recidivism — Article (21)The penalty is doubled with the closure of the establishment for a period not exceeding one year, and anyone who commits a similar crime within (5) years from the date of the previous final conviction is considered a recidivist.

In addition, Article Nineteen requires the competent court — without prejudice to the rights of good faith third parties — to order the confiscation or destruction of the infringing goods, drugs, products, materials, and tools used in that, and to publish a summary of the final conviction in two local daily newspapers, one in Arabic, at the expense of the convicted party, and the court may order the closure of the establishment for a period not exceeding (6) six months. Article Twenty also penalizes the person responsible for the actual management of the legal entity with the same penalty if it is proven that they were aware of the crime and did not take the necessary measures, making them jointly liable for the fines.

Eleventh

Settlement in commercial fraud violations

Article 22 allows the ministry or the competent authority, as applicable, to settle any violations of the law and its executive regulations upon the request of the violator, in exchange for a payment of no less than twice the minimum fine imposed on the violator according to the administrative penalties regulation. The executive regulation specifies the necessary procedures and controls for the settlement.

Twelfth

Challenging decisions and appealing them

Article 23 organized the objection process, allowing any interested party to file a written objection to the minister or head of the competent authority against any decision issued based on the provisions of the law within (15) fifteen working days from the date of notification. The objection shall be decided within (30) thirty days and the decision shall be final, with a lack of response within the period considered a rejection. An appeal may then be filed before the competent court within (30) thirty days from the notification of the rejection of the objection or the expiration of the decision period. In all cases, an appeal before the court is only permissible after objecting to the decision.

Thirteenth

The executive regulation and repeals

Article 24 repealed Federal Law No. (19) of 2016 concerning the fight against commercial fraud and any provision that contradicts the provisions of the new decree, while continuing to apply the regulations and decisions issued based on the repealed law as long as they do not conflict with the decree, until new provisions are issued. Article 25 required the Council of Ministers to issue the executive regulation and necessary decisions to implement its provisions within (6) six months from the date of its enforcement. Article 26 stipulated the publication of the decree in the official gazette and its enforcement two months after its publication.

Questions

Frequently asked questions about combating commercial fraud

What law currently regulates the fight against commercial fraud in the UAE?
It is organized by Federal Law Decree No. (42) of 2023, which replaced and repealed Federal Law No. (19) of 2016, while temporarily continuing to apply the old regulations where they do not conflict until the alternative is issued.
Does the law apply to free zones?
Yes, Article Three explicitly states that the provisions of the law apply to anyone who commits an act of commercial fraud in the state, including free zones.
What is the difference between counterfeit, spoiled, and imitated goods?
Counterfeit goods are those that have undergone a change that diminished their value or do not meet the specifications set in the state; spoiled goods are no longer fit for use or consumption either wholly or partially; imitated goods bear a trademark identical or similar to a legally registered trademark without permission.
Is the trader exempt from liability if he proves that the buyer knew the goods were counterfeit?
No, Article Six states that the supplier is not exempt from the prescribed penalty by proving that the dealer was aware that the goods were counterfeit, spoiled, or imitated.
What is the penalty for commercial fraud under the law?
The basic penalty under Article (17) is imprisonment for up to two years and a fine ranging from 5,000 to 1,000,000 dirhams or one of the two penalties. It is aggravated under Article (18) to imprisonment and a fine ranging from 100,000 to 2,000,000 dirhams in certain cases.
When is the penalty for commercial fraud aggravated?
Under Article (18), the penalty is aggravated when using counterfeit scales, measures, seals, or testing machines, or if the goods are harmful to human or animal health and safety, or if they are medical drugs, agricultural products, or organic food products.
Is it permissible to confiscate and destroy the violating goods?
Yes, Article (19) requires the court to order the confiscation or destruction of counterfeit, spoiled, or imitation goods and the materials and tools used, without prejudice to the rights of third parties in good faith, along with publishing a summary of the ruling at the expense of the convicted party.
What are the rights of a consumer who purchased counterfeit goods in good faith?
According to Article (7), the supplier is obligated to refund the value of counterfeit, spoiled, or imitation goods or to replace or change them according to the wishes of the consumer in good faith, without prejudice to their right to claim compensation.
What are the powers of judicial officers in the law?
According to Article (10), they have the right to enter shops, warehouses, factories, and establishments at any time for inspection and to review records, seize suspected goods or retain them, and take samples for examination and analysis.
Can an establishment be closed by an administrative decision before a ruling is issued?
Yes, Article (13) allows for closure by a reasoned decision in cases of necessity or urgency when strong evidence exists, provided that the matter is presented to the court within (10) working days for approval or cancellation of the closure; otherwise, the decision is considered null.
Is it permissible to settle commercial fraud violations?
Yes, Article (22) permits the ministry or the competent authority to settle based on the violator's request in exchange for paying an amount not less than twice the minimum fine stipulated in the administrative penalties regulation.
How do I object to a decision issued against me under the law?
According to Article (23), a written grievance must be submitted to the minister or the head of the competent authority within (15) working days from notification, and it must be decided within (30) days. No appeal may be made to the court until after the grievance and the issuance of a rejection decision or the expiration of the decision period.
Does liability extend to the manager of the violating company?
Yes, under Article (20), the person responsible for the actual management of the legal entity shall be punished with the same penalty if it is proven that they were aware of the crime and did not take the necessary measures, or if their serious breach of duties contributed to its occurrence, and they shall be jointly liable for the fines.
When did Federal Decree-Law No. (42) of 2023 come into effect?
It was issued on September 28, 2023, published in the official gazette, and will be effective two months from the date of publication according to Article (26).

References

Legal References

  • Federal Decree-Law No. (42) of 2023 on Combating Commercial Fraud.Federal Decree-Law
  • Federal Law No. (19) of 2016 on Combating Commercial Fraud (repealed by Decree No. 42 of 2023).Federal Law (repealed)

Is your establishment facing an issue related to commercial fraud or seizure of goods?

Our legal team provides specialized advice in cases of fraud and commercial imitation, trademark protection, and regulatory compliance, safeguarding your rights at every stage:

  • Defense in cases of seizure and detention of goods and requests for release
  • Challenging closure decisions and penalties before the competent court
  • Requests for reconciliation and settlement of violations according to the administrative penalties regulations
  • Trademark protection, combating imitation, and claiming compensation
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Disclaimer

This content has been prepared for general legal awareness purposes based on the applicable laws and regulations in the United Arab Emirates and does not constitute legal advice for a specific case nor does it replace it. Legislative amendments may occur, so it is advisable to consult specialists at Awad Al-Muhairi Law Office for precise advice tailored to the facts of each case.