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:
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
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)
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.