Government of Dubai

Government of Dubai

H.H. Ruler’s Court

Decree No. 13 of 2011

Regarding the e-programme

for

Hotel and Tourism Establishments in the Emirate of Dubai

We, Mohammad Bin Rashid Al Maktoum, Ruler of Dubai

Having perused:

The Law No. 1of 1997 as amended concerning the establishment of Dubai Department of Tourism & Commerce Marketing;
The Law No. 3 of 2003 concerning the establishment of Dubai Executive Council;
The Law No. 35 of 2009 concerning the administration of Dubai's government public funds;

Decree No. 13 of 2001 concerning the use the IT system for hotel facilities

Decree No. 22 of 2009 concerning the special development zones in the Emirate of Dubai;
Order No. 1 of 1998 as amended concerning licensing and classification of hotels, inns, and hotel apartments;
Order No. 1 of 2002 e-Information Program for Hotel Establishments;
Order No. 4 of 2006 concerning wild tourist camps;
Order No. 6 of 2006 concerning licensing of hotel establishments and travel agencies; and
Legislations governing free zones in the Emirate of Dubai
Issue this Law:
Article No. 1

Name of this Decree

The name of this Decree shall be: “Decree No. 13 of 2011 regarding

the e-programme for Hotel and Tourism Establishments in the Emirate of Dubai”
Article No. 2

Definitions

In this Decree, the following words, and expressions shall have the meanings, respectively assigned to them, unless the context otherwise requires:

The Emirate	:	The Emirate of Dubai
The Government	:	The Government of Dubai
Dubai Police	:	General H.Q. of Dubai Police
The Department	:	Department of Tourism & Commerce Marketing
Director General	:	Director General of the Department
Governmental Authority		Governmental Departments; Public bodies and institutions of the Government and the like
Hotel Establishments	:	Hotels, Hotel Apartments, and Inns according the Order No. 1 of 1998
Tourist Establishments	:	Establishments which practice the activity of organizing licensed domestic tours according to the Order No. 6 of 2006 in addition to social clubs and any other bodies licensed by the Department for organizing or practicing tourist activities
The Establishment	:	Hotel and Tourist Establishments
Tourist Activates	:	Activities practiced by the Establishment as providing hotel services, organizing demotic tours, tourist camping, rent of boats and cruise ships, and organizing of events.
Event	:	Conferences, seminars, fairs, festivals, concerts, plays, competitions
Programme	:	Electronic system of the establishment, which aims to document the information and data relating to the activities and the works of the establishment according to the classification of the Programme
Electronic Link	:	Linking the programme to a computer or more in the establishment for the exchange of data and information contained in those PCs with the concerned government bodies.

Article No. 3

Scope of Application
The provisions of this decree shall be applied on all establishments in the Emirates including licensed establishments in the free zones and special development zones.

Article No. 4

Subscription in the Programme

The establishments may not engage any tourist activities unless they subscribe to the Programme and install all necessary equipment to operate such a programme.

Article No. 5

Subscription Term and Applicable Fees

1. 
   No establishment shall obtain a new licence or have its licence renewed if it is not subscribed to the programme.
   

2. 
   The term of subscription in the Programme shall be matching with that of the License. In case that the establishment is not enrolled in the Programme before the commencement of this Decree; then the subscription term shall be for the remaining period till the license of such establishment is expired, and such establishment shall pay the applicable fees for subscription according to such term.
   

3. 
   The Department shall charge an annual subscription fees of AED 3,000/- from the hotel establishment and AED 1,500/- from the tourism establishment.
   

Article No. 6

Obligations of Establishment

The establishment shall do the following:

1. 
   To install and operate the software and upload it with data of its activities and other data required by the Department and Dubai Police according to the approved classification in this respect.
   

2. 
   To fix a telephone line exclusively for the computer and its accessories and e-link it with Dubai Police and other concerned government entities.
   

3. 
   To pay all necessary expenses and costs to implement and complete the e-link with the Programme and making necessary modification on it.
   

Article No. 7

Missions of Dubai Police
Dubai shall be responsible for:

1. 
   To prepare the programme and supervising its operation, maintenance and upgrade.
   

2. 
   Programmer’s e-hook up with other government bodies.
   

Article No. 8

Linking of Programme with other Programmes
It is not allowed to link the Programme with any other programmes without obtaining a prior permission from the Department and Dubai Police.

Article No. 9

Governmental Bodies Associated with the Programme

1. 
   Effective from the date of this Programme; the following governmental bodies shall be associated with the Programme:
   

1. 
   Department of Tourism and Commerce Marketing
   
2. 
   Dubai Police
   
3. 
   Department of Economic Development
   
4. 
   General Directorate of Residency and Foreigners Affairs in Dubai
   
5. 
   Dubai Ports, Customs and Free Zone
   
6. 
   Dubai Media Incorporated
   
7. 
   Roads and Transport Authority
   
8. 
   Dubai Municipality
   

2. 
   Any governmental entity other than those specified in the preceding paragraph (A) may be linked to the program upon request by them in this regard to both the Department and Dubai Police. 
   

Article No. 10

Confidentiality of Data

1. 
   All information and data loaded on the programme are highly confidential and no employee is allowed to use them for purposes other than those originally set for. Such employees must provide information and data available to them to those bodies determined by the Dubai Police and the Department or the judicial authorities under a court order.
   

2. 
   Information and data may not be entered in the programme only by the establishment’s workers who are authorized to do so from the Dubai Police or the Department. 
   

Article No. 11

Penalties

1. 
   with no prejudice to any severer penalty provided for under any other legislation that punishes anyone who commits any of the violations set forth in the table attached to this Decree a fine set out to each of them and doubled the value of the fine in case of repeated or committing the same offense during the one year from the date of the previous commission of the offense to a fine of not more than the value when multiplied to AED 40,000/- (AED Forty Thousand).
   

2. 
   In addition to the fine prescribed under the preceding paragraph (A), the establishment may be closed off for a period not exceeding three months.
   

Article No. 12

Judicial Officer
the officers of the Department who shall be designated by a decision of the Director-General shall have the capacity to establish the judicial acts committed in violation of the provisions of this decree and decisions issued pursuant thereto, and have them in order to edit the necessary records and they may ask for the help of police personnel.
Article No. 13

Appeal of Sanctions
Every interested party may appeal in writing to the Director-General of the Department of the sanctions imposed on it under this Decree, within fifteen (15) days from the date of notification. The consideration of this appeal will be done by a committee constituted by the Director-General of the Department for this purpose and the Commission shall take action on this grievance within 21 days from the date of referring the grievance. The decision issued by the Commission shall be considered as final decision.
Article No. 14

Adjusting of Positions
All existing establishments at the time of working by this decree shall adjust their positions in accordance with the provisions of this Decree within a period not exceeding three months from the effective date.
Article No. 15

Issuing of Executive Decisions
The Director General, in coordination with Dubai Police, shall have the right to issue to the decisions necessary to implement the provisions of this Decree.
Article No. 16

Repeals

This Decree repeals Decree (13) and Order No. (1) for the year 2002. Also, this Decree overrides any provision in any other legislation to the extent that it contradicts this Decree.

Article No. 17

Publication

This Decree shall be published in the Official Gazette and shall be effective from the date of publication.

Mohammad Bin Rashid Al Maktoum

Ruler of Dubai

(Signed)

Issued in Dubai on 24/04/2011

Government of Dubai

H.H. Ruler’s Court
Table of Violations & Fines

No.	Type of Violation	Fine in Dirham
1	Non-subscription in the programme, non-renewal of subscription, or non-operation of the devices despites of their availability.	1,000/-
2	Loss of access code of the e-link-mail (authority)	1,000/-
3	Non-entering of information and data required in the programme	7,000/-
4	Delay in entering of information and data required in the programme	5,000/-
5	Error in entering of information and data required in the programme	5,000/-
6	Using of e-link devices or the telephone line for purposes not related to the programme or the use of the software for purposes other than its assigned purposes.	1,000/-
7	The failure to provide the concerned governmental body with requited data or information	2,000/-
8	Allowing of non-authorized personnel at the establishment to enter information and data in the programme.	1,000/-
9	Submission of incorrect data or information about the operation of the programme	3,000/-
10	Obstruct the work of employees of the Department	10,000/-
11	Disclosure of confidential data and information to non-concerned government agencies, or the use of such information and data for purposes other than the authorized purposes	10,000/-