Mohammed issues decree on donations

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE, has issued a Decree in his capacity as Ruler of Dubai, on organising fundraising and charitable donations in the Emirate of Dubai.

Decree No. 09 of 2015 aims to encourage community members to donate moneys, to control and audit the moneys collected through fundraising, and to ensure such moneys reach their acquired title. The Decree defined donations as the act of virtue by which the owner voluntarily transfers the title and possession from himself to another without any consideration for the purpose of charitable work and includes Zakat and alms.

Pursuant to the Decree, it is strictly prohibited to collect donations, permit collecting donations or advertising of fundraising campaigns through all forms of media without obtaining a prior written approval from the Islamic Affairs and Charitable Activities Department with exception for charitable fundraising campaigns launched by His Highness the President, His Highness the Vice President, Their Highnesses Members of the Supreme Council, Their Highnesses the Crown Princes and Their Highnesses the Deputy Rulers, in addition to donations collected by government entities conditionally that such act is carried out in coordination with the Islamic Affairs and Charitable Activities Department.

The Decree also prescribed the authorities delegated to the Islamic Affairs and Charitable Activities Department, to include: encouraging community members to donate, revising and approving fundraising requests, monitoring and overseeing fundraising activities in the Emirate of Dubai, auditing raised funds and confiscation and disposition of any funds or moneys raised in variance with the Decree and its subsequent policies and procedures.

Any violation of the Decree is subject to the infliction of two months to one year imprisonment and a fine of Dh5,000 to Dh100,000, or one of the defined penalties as the court may deem fit.

Employees of the Islamic Affairs and Charitable Activities Department, named by a resolution issued by the Director-General, reserve the right to act as judicial officers and may accordingly investigate and document any violations of this Decree in coordination with any authorised entity, including the police.

This Decree overwrites and annuls any other legislation that contradicts or conflicts with it. This Decree is to be published in the Official Gazette, and considered active from the date of publication.