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Law No. (8) of the Year 1997 Regulating Dubai Chamber of Commerce and Industry

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Page 1: Law No. (8) of the Year 1997 Regulating Dubai Chamber of ...€¦ · 2 Law No. (8) of the Year 1997 Regulating Dubai Chamber of Commerce and Industry We, Maktoum Bin Rashid Al Maktoum,

Law No. (8) of the Year 1997

Regulating

Dubai Chamber of Commerce

and Industry

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Law No. (8) of the Year 1997 Regulating Dubai Chamber of Commerce and Industry

We, Maktoum Bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of the Law of the Dubai Chamber of Commerce and Industry No. (2) of the Year 1975

and its amendments thereto;

And the Internal Regulations of the Dubai Chamber of Commerce and Industry issued on 13/7/1972;

And the Decree No. (2) of the Year 1994 ratifying the Dubai Chamber of Commerce and Industry

Commercial Conciliation and Arbitration Regulation;

And the Decree No (10) of the year 1994 regulating the fees of Dubai Chamber of Commerce and

Industry;

Decided to issue the following Law:

Article (1)

This law shall be cited as the “Law No.8 of the year 1997 Regulating Dubai Chamber of Commerce

and Industry”.

Article (2)Definitions

The following words wherever used in this Law, shall have the meanings assigned to them, unless

the context requires otherwise:

The Emirate Emirate of Dubai

The Ruler His Highness the Ruler of the Emirate of Dubai

The Chamber Dubai Chamber of Commerce and Industry

The Board The Chamber’s Board of Directors

The Member Any person licensed to practice commercial or industrial or agricultural or

professional businesses and becomes a member of the Chamber in accordance

with the provisions of this Law.

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Chapter OneObjectives and Powers of the Chamber

Article (3)

The Chamber is a non-profit public organization, with legal entity and financial and administrative

independence. It shall have the competence to own and dispose of movable and immovable

properties. It can sue and be sued and it may deputize any person duly appointed to act as its

representative in the juridical actions and proceedings.

Article (4)

The Chamber’s headquarter shall be based in Dubai, it may establish branches or offices in the

Emirate. Also it may establish offices or trade centers abroad, provided that the board resolution

and its internal regulations related to establishing them specify the objectives, functions and

organization level of these branches or offices or centers.

The Chamber may participate in setting up joint chambers, provided that the agreements establishing

said joint chambers specify their objectives and powers.

Article (5)Objectives of the Chamber

The Chamber shall endeavor to achieve the following objectives:

1. Looking after the commercial, industrial, agricultural interests and other types of economic,

professional activities and related services, and cooperating with competent government

authorities, to develop these activities so as to attain economic and social development of the

society.

2. Looking after the interests of the members of the Chamber, providing them with the services

required to practice their activities and commercial transactions, protecting their rights and

seeking their opinions and presenting them to the pertinent entities and cooperating with the

competent authorities to solve their difficulties.

3. Encouraging cooperation between members of the Chamber and supporting and strengthening

their ties and mutual relationships as well as between them and government establishments or

business organizations and professional bodies operating in the various economic sectors.

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4. Cooperating with the ministries, departments and government establishments as well as

chambers of commerce or federations or organizations or local, regional and international bodies

in order to coordinate with them to tackle common economic, technical and administrative

issues and to exchange expertise and consultation with regard to the Chamber’s endeavor to

carry out its powers and achieve its objectives.

5. Performing tasks that consolidate the Emirate’s economic status and highlight its role as one of

the world’s trade and business hubs and organizing events and programs required to promote

the Emirate’s economy and its commercial establishments, both locally and abroad.

Article (6)Powers of the Chamber

The Chamber exercises all powers necessary to fulfill its objectives, particularly:

1. Registering natural and judicial persons licensed to practice the activities stipulated in Article (7)

hereunder as members in the Chamber and providing them with the certificates and documents

that enable them to accomplish their commercial transactions.

2. Issuing various types of certificates of origin for exported and re-exported goods and products.

The Chamber may use the means that it may deem suitable to verify correctness of the given

information either by asking for the original supporting documents related to the origin of the

goods or by inspecting the goods itself, if necessary.

3. Attesting signatures and stamps, as well as documents, certificates, contracts and other

documents related to the commercial transactions that may be needed by the Chamber’s

members to accomplish their businesses.

4. Naming experts to inspect commodities, goods and other assets, determining their classifications

and weights and estimating their values.

5. Providing opinion on legislations regulating different commercial and economic affairs, and

studying draft laws, by laws and regulations enacted by the competent authorities to regulate

the said affairs.

6. Suggesting economic programs and plans, investment projects that support and consolidate

the Emirate’s economic status or increase employment and investment opportunities, as well

as suggesting legislations to regulate commercial and economic affairs and others, and raising

the suggestions thereon to the competent authorities.

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7. Carrying out activities that promote and bolster the Emirate’s economic relations, particularly

by:

a. Receiving trade delegations and missions and sending trade delegations abroad.

b. Holding local and international trade exhibitions or participating therein.

c. Conducting, contributing to or participating in conferences, seminars, symposia and

training inside and outside the Emirate.

d. Publishing and distributing magazines, periodicals directories and any other commercial

and specialized publications.

e. Concluding cooperation agreements with federations or chambers or similar bodies to

foster mutual cooperation and commercial ties.

8. Preparing economic studies, researches and reports evaluating, orienting and developing

various economic sectors’ performance and highlighting the problems and the difficulties that

face them and presenting the results to the competent authorities.

9. Studying all applications for organizing exhibitions, conferences, seminars and symposia related

to economic and commercial aspects to be organized or held in the Emirate, and issuing the

appropriate recommendation regarding the approval of organizing such events to the competent

authorities.

10. Compiling and issuing information and data of economic nature, such as prices of commodities

and circulated goods, services, securities, currencies, and others. As well as compiling,

classifying and publishing periodical statistics and legislative and regulative texts.

11. Providing commercial directories, specialized books and references and other scientific

supporting publications which help in preparing reports and studies.

12. Providing advice and consultation to members of the Chamber regarding legal or commercial

or economic or technical matters and providing them with the available information and guiding

them to follow procedures and means that help them in protecting their rights and developing

their businesses.

13. Contributing in the development of administrative and technical cadres in the fields of economy

and business management and seeking the necessary suitable potential means and in this

regard it may establish centers for commercial and technical training.

14. Mediating to resolve commercial complaints that arise between members of the Chamber or

between them and other parties in order to reach amicable settlement.

15. Specifying the local commercial customs and their terms.

16. Providing a mechanism for resolving commercial disputes, by supervising the conciliation and

arbitration processes in accordance to the Commercial Conciliation and Arbitration Regulations.

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17. Owning, managing, investing, selling, or mortgaging movable and immovable assets, concluding

different contracts with third parties, and accepting donations and endowments.

18. Participating in committees formed by ministries, departments, and other bodies and

establishments to study or regulate different economic affairs or to represent the Chamber in

activities within its jurisdiction.

19. Performing all activities that may fulfill the objectives of the Chamber stipulated in Article (5) of

this Law.

Chapter TwoJoining the Chamber

Article (7)Membership of the Chamber

a. Every person licensed by the competent authority in the Emirate to practice any of the activities

mentioned hereunder shall be bound to become a member of the Chamber:

1. Activities related to agriculture, hunting and fisheries.

2. Mining and exploiting natural resources and related downstream industries.

3. Converting industries.

4. Distribution of water, electricity, gas and oil derivatives and related activities.

5. Contracting works.

6. Buying commodities and other tangible and intangible movables with the intention of

selling them as well as selling by public auction, brokerage, commercial agencies and

commercial intermediary and representation activities.

7. Repairing works and maintenance.

8. Hotels and restaurants.

9. Transport by land, sea and air and business connected with navigation and aviation,

shipping and unloading operations, tourism and travels, customs clearance, storage and

all types of communications.

10. Banking, money exchange, financial establishments that practice investment, finance

and credit facilities, and all other financial brokerage operations.

11. All types of insurance.

12. Buying and selling land and real estate or renting them with the intention of subletting as

well as buying or renting movable properties with the intention of subletting them.

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13. Services related to accounting, consultancy and commercial, administrative and

engineering studies and technical services thereto. Advertising and exhibitions services,

news agencies and offices that provide services and supply manpower.

14. Publishing and distributing newspapers, magazines and books, radio and television

broadcasting activities, recording and filming studios, cinemas, theatres, entertaining and

private sports clubs.

b. Any company having one of the forms of commercial companies and all those who carry out any

of the works which may be considered to be compatible with the above mentioned activities

due to the similarity of the characteristics and objectives shall be bound to become member of

the Chamber.

c. Individuals practicing small trade or a simple vocational activity that depends on their efforts,

skills and physical strength more than any capital to gain a margin of profit that ensures their

living, shall be excluded from membership of the Chamber.

d. Without prejudice to the above mentioned items, categories other than those mentioned in

paragraph (a) and paragraph (c) of this Article may join Chamber’s membership in accordance

with the membership’s requirement stipulated in this Law.

e. If any member practices his activities through one or more branch in addition to his main office,

each branch should be registered with the Chamber and membership fees should be paid for

each branch.

Article (8)

Licensing authorities shall not issue and handover License unless a certificate or a document is

presented as a proof that the licensee has joined Chamber’s membership and the License shall not

be renewed unless membership in the Chamber is renewed and the annual membership fees are

paid.

Membership certificate or the document that proves Chamber’s membership and payment of

membership fees shall be considered one of the main documents to accept any submitted request

by the member before any government departments and establishments or when applying for

any bidding, or when signing contracts with contractors, suppliers and others or when clearing

exported, imported or re-exported goods’ or any matter related to any of the activities mentioned

in the previous Article.

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Article (9) Fees of the Chamber

The Chamber collects annual membership fees from its members as well as fees for issuing

certificates and for other services provided by the Chamber in accordance with the provisions,

categories and the amounts issued by a decree from the Ruler.

The member may be exempted from the fees that have been delayed in payment more than one

year in accordance with the terms and conditions issued by the Executive Regulation.

Article (10)Suspension of Membership

a. The member shall have his membership suspended and shall be deprived from the services

provided by the Chamber if he commits any of the following violations:

1. Not renewing the membership and not paying the annual membership fees within a period

of three months from the due date without a justification accepted by the Chamber and at

the same time continuing to carry out the activity.

2. Not cooperating with the Chamber in settling commercial complaints against the member

before the Chamber.

3. Submitting documents to the Chamber that contains false information, or concealing

important documents.

In all cases, the Chamber shall notify the member in writing with the suspension decision.

b. The member subject to any of the above mentioned penalties has the right to raise his grievance

to the Executive Committee with justifications and evidences proving that the penalty imposed

was not justified or to explain the circumstances and situations that caused the concerned

member to be liable to the penalty. The Committee shall then study his grievance and make its

decision within a period not exceeding one month from the date of raising the grievance. The

decision of the Executive Committee shall be final.

Article (11)Lapse of Membership

a. Chamber’s membership shall lapse in any of the following circumstances:

1. Bankruptcy of licensee unless rehabilitated.

2. Cancelling the license issued by the competent authority.

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3. Submitting to the Chamber forged papers or documents or not pertain to the member

and after a court judgement in this regard.

4. Not renewing the membership and not paying the annual membership fees within three

years from the due date without a justification accepted by the Chamber and at the same

time continuing to carry out the activity.

5. Death of the Licensee or dissolution of the company.

b. Members whose Chamber’s membership lapses as stipulated in paragraph (3) and (4) above,

shall be deprived from carrying out their activity upon notification by the Chamber to the licensing

authority. The latter shall then take the necessary procedures to cancel the license issued to

them.

c. A member whose membership lapses, may be re-registered when the reasons that caused the

lapse no longer exist, in accordance with the provisions of the Executive Regulation.

Chapter ThreeGeneral Organization Structure of the Chamber

Article (12)

The Chamber’s general organization structure shall be as follows:

• Board of Directors

• Executive Committee of the Board of Directors

• Chamber's Committees

• Chamber's Administrative Cadre

Article (13)Board of Directors

The Chamber’s Board of Directors shall be formed from a maximum of twenty-six members to be

appointed by a decree issued by the Ruler and they will be selected based on their expertise and

competence in accordance with Article (15) of this law and their term shall be three years subject

to renewal.

Article (14)Powers of the Board of Directors

The Board is the governing authority assigned to supervise and manage the Chamber’s affairs

and it shall practice its powers, make the resolutions and undertake measure that it may deem

appropriate for the fulfillment of the Chamber’s objectives within the framework of the powers

assigned thereto.

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The Board’s powers shall include in particular the following:

1. Framing the Chamber’s general policy, endorsing programs and events within its jurisdiction,

and orienting the same in accordance with the economic development requirements and the

Country’s needs.

2. Proposing draft laws and decrees pertaining to the Chamber and regulating its affairs and

powers and any amendments thereto.

3. Approving the Chamber’s annual budget and its final accounts at the end of the financial year.

4. Approving the acceptance of endowments and donations or granting them as well as approving

loan contracts.

5. Approving agreements and contracts with other chambers or federations or bodies in areas of

cooperation that are of interest to the Chamber.

6. Sending trade delegations and missions as well as promotional visits aiming to strengthen the

Emirate’s foreign trade relations or to promote its economy and to introduce its investment

opportunities.

7. Sending the Chamber’s employees abroad for specialized or post graduate studies.

8. Issuing the Executive Regulation and other by laws, resolutions and instructions regulating the

Chamber’s administrative, financial and organizational affairs.

9. Providing its opinion regarding matters referred to it by the Ruler or any of the governmental

establishments or bodies.

Article (15)Board Membership Requirements

The person appointed to be a member of the Chamber’s Board shall fulfill the following requirements:

1. Has citizenship of the United Arab Emirates.

2. Has been practicing in the Emirate commercial, industrial, agricultural or professional activity or

any related services for at least eight consecutive years, or at least five consecutive years if he

has an academic degree from a university or a high educational institute.

3. Has not been convicted of a felony or any crime that affects his honor and integrity and has not

been bankrupted unless rehabilitated.

4. Is a member of the Chamber during the period stipulated in paragraph (2) above.

5. Be at least thirty-five years of age, or twenty-eight years if he holds a degree from a university

or a high educational institute.

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In exception to the provisions of the above paragraphs (2), (4) and (5), the Ruler may appoint one

third of the Board members without being bound by the above requirements.

Article (16)Losing Board Membership

a. The Board member shall lose his membership in any of the following cases:

1. If he submits a written request to be excused from Board membership and his resignation

is accepted by the Board.

2. If he loses one or more of the membership requirements stipulated in the above Article

(15).

3. If he fails to attend three consecutive or five scattered meetings of the Board during its

term without a written excuse acceptable by the Board.

4. Death.

In all cases, the Board shall present to the Ruler its recommendation on the cancellation of

membership of the member subject to any of the provisions stated in this Article. A substitute

would be appointed by the Ruler.

b. The Board’s term shall be considered as expired if number of the Board’s members at any

time becomes less than half and, in this case, a new Board would be appointed by the Ruler in

accordance with the provisions of this law.

Article (17)

a. The Chairman of the Board, the two Vice Chairmen and the members of the Executive Committee

shall be elected during the first duly convened meeting of the Board to be held within two weeks

from the date of the appointment decree. The meeting shall be presided over by the eldest

member until the election procedure is completed.

b. The election shall be carried out by secret ballot and any member may nominate himself to the

post of Chairman or one of the Vice Chairman or member of the Committee. Whoever obtains

the highest number of votes shall be elected as Chairman or Vice Chairmen or member of the

Executive Committee.

c. The Board’s member may be granted a fixed remuneration to be determined by the Ruler

in consideration for his commitment in attending the Board’s meetings, contributing to the

Chamber’s activities and events and carrying out the responsibilities assigned to him by the

Board.

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d. If, after the expiration of any Board’s term and no new Board is appointed, or if the new Board

did not meet to elect the Chairman, Vice Chairmen and members of the Executive Committee,

the Board whose term is expired as well as the Executive Committee shall continue to practice

their powers until the new Board is appointed and the elections take place.

Article (18)Meetings of the Board

a. The Board shall meet regularly at least once every three months upon invitation from the

Chairman sent ten days prior to the date of the meeting. The meeting agenda shall be enclosed

with the invitation.

b. In case of urgent matters as determined by the Chairman of the Board, the Board may be

convened for a meeting three days prior to the date assigned for the meeting.

c. The Board may be convened for a meeting upon the request of the Board’s Executive Committee

and in exceptional cases the Board may be convened for a meeting by a written request signed

by at least six members.

d. The Board’s meetings shall be valid if attended by more than two thirds of the members, provided

that they include the Chairman or one of his Vice Chairmen. If the quorum is not established the

meeting shall be adjourned to a later date within a maximum period of one week from the first

assigned date. The second meeting shall be valid if attended by at least half of the members.

e. The Board’s resolutions shall be taken by the majority of the votes present at the meeting. The

Chairman shall have a casting vote in case of equal votes.

f. The Executive Regulation specifies the provisions of inviting the board to conduct its meetings,

to administer them and the rules for electing and voting.

Article (19)Executive Committee of the Board

The Board shall have an Executive Committee that supervises the Chamber’s financial and

administrative affairs in accordance with the provisions of the Executive Regulation and the

resolutions issued by the Board.

The Committee shall consist of:

• Chairman of the Board

• First Vice Chairman of the Board

• Second Vice Chairman of the Board

• Treasurer

• Vice Treasurer

• Two Members from the Board

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Article (20)Responsibilities of the Chairman of the Board

a. The Chairman of the Board shall have the following responsibilities:

1. Presiding over and managing the Board’s and the Executive Committee’s meetings and

inviting members for the said meetings.

2. Representing the Chamber before the courts, bodies, establishments and other entities.

And he has the right to deputize others for this purpose.

3. Attending meetings, conferences and other occasions and events organized by the

Chamber.

4. Signing agreements and contracts concluded by the Chamber.

5. Approving minutes of meetings, regulations, resolutions, and instructions; and signing

letters Issued by the Board and the Executive Committee.

6. Ordering Chamber’s payments or expenditures, signing payment orders, documents

and covenants, contracts and all financial transactions in accordance with the limits and

powers specified by the Chamber’s regulations.

7. Presenting the annual report to the Board on the affairs and activities carried out by the

Chamber including his suggestions for development.

8. Any other responsibilities assigned by this Law or Chamber’s Regulations, or assigned by

the Board within its powers.

b. The Vice Chairmen shall consecutively replace the Chairman when he is absent and they shall

be vested with the powers granted to the Chairman. The Chairman may deputize any of the

Board’s members or the Director General or the Deputy Director General, or a Director of any

of the departments to fulfill a certain task or any urgent matter that comes under his powers.

Article (21)Committees of the Chamber

a. Permanent committees shall be formed in the Chamber by a Board resolution to tackle commercial,

economic, industrial, media, legal matters and other issues related to the Chambers’ objectives

and powers that need continuous follow up by holding regular consecutive meetings.

b. The Chamber may form sub-committees affiliated to the permanent committees to look after

any special affairs related to any of the commercial sectors and to study issues concerning the

practices of the Chamber’s members related to these affairs.

c. The Chamber may form temporary or technical committees assigned to fulfill a certain task

of incidental nature or should be accomplished during specific period or to assist any of the

Chamber’s departments in the tasks assigned to them.

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d. Committees shall be formed from the Board’s members or Chamber’s staff or its members.

Committees may approach experts and specialists and others from governmental or private

establishments or bodies as the Chamber may deem appropriate either as members in the

committees or to have their opinion.

e. The Executive Regulation shall specify the types of these committees, their formation rules,

their powers and how to convene and organize their meetings.

Chapter FourAdministrative and Financial Affairs of the Chamber

Article (22)Administrative Cadre of the Chamber

The Chamber shall have an administrative cadre assigned to execute tasks pertaining to Chamber’s

powers and its activities in accordance with the provisions of this Law and the Chambers Regulations.

Rules governing the appointment of employees, their powers, their responsibilities, their evaluation,

disciplinary actions and dismissal as well as the pension and retirement system, and other provisions

related to their service and approving the organizational structures of the Chamber’s administrative

cadre, shall be subject to the provisions of personnel affairs regulation issued by the Board.

Article (23)The Director General

The Chamber shall have a Director General appointed by a resolution of the Board upon nomination

made by the Executive Committee. He shall preside over the Chamber’s administrative cadre and

manage its financial, technical and administrative affairs. His powers and responsibilities are defined

by the Executive Regulation.

The Director General shall have a Deputy Director General, who shall be appointed in the same

manner and shall assist the Director General to accomplish the responsibilities assigned to him and

shall replace the Director General whenever the latter is absent.

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Article (24)Budget of the Chamber

a. The Chamber shall have an independent budget issued by a Board resolution and funded by

the following resources:

• Annual membership fees as well as the fees of issuing certificates and attesting

commercial documents and others.

• Yields of the Chamber’s investments and its real estate revenues.

• Revenues from Chamber’s available facilities and various services provided to members

and others as well as publications sales. The fees for such facilities and services shall be

determined by Board’s resolution.

• Subsidies, endowments, grants and donations that the Board decides to accept.

b. The Director General prepares the annual budget of the Chamber and presents it to the

Executive Committee two months prior to the beginning of the new financial year. The Board

shall approve the annual budget before the beginning of the following financial year.

c. Appropriations shall not be relocated from one section to another of the budget unless by a

Board resolution. Relocation from one item to another in the same section of the budget can be

done by a resolution of the Executive Committee.

d. The Board may during the financial year create new items to the Chamber’s approved budget

and may also increase the number of posts, provided that such expenses shall be covered by

budget appropriations that have not been used in other items, or from surplus of revenues.

e. The Director General shall prepare the final accounts draft within two months from the end of

the financial year and present it together with the auditor’s report to the Executive Committee.

Article (25)

The Chamber shall independently manage and spend its own funds provided that the Chamber’s

funds shall not be spent except within the scope of the objectives for which the Chamber was

established. Expenses and orders of payments shall be settled provided that the expense’s debt

had been specified and legally due and appropriation for such expenses is available in the budget.

Management of the Chamber’s funds, its accounting system, methods of revenues and claims

collection, means for preserving, spending and managing its funds, rules of investing its funds, and

regulating the internal financial control measures with financial implications, shall be subject to the

provisions of the Executive Regulation and the financial and accounting regulations set forth by the

Board.

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Article (26)

The Chamber’s funds shall be considered as public funds. Any party having a debt or an obligation

on the Chamber shall not recover that by seizure, attachment, sale by auction, acquisition of the

Chamber’s assets, or by any legal action whether a final judgment regarding such debt or obligation,

was declared or not.

Article (27)The Auditor

The Board shall at the beginning of each financial year appoint an auditor registered in the

accountants and auditors’ registrar. The auditor shall revise the annual financial accounts of the

relevant year and shall present a report on the audit with his remarks to the Chairman of the Board.

The auditor shall have the right to review at any time all the books of the Chamber, its records and

its documents, and to request the data that he may deem necessary. He shall be also entitled to

examine the Chamber’s assets and liabilities. If the auditor was prevented from performing his

duties or was not allowed to duly perform the said duties, he shall be obliged to state the same in

a report to be presented to the Chairman of the Board.

Chapter FiveConcluding Provisions

Article (28)

This law shall replace the Law of the Dubai Chamber of Commerce and Industry No. (2) of the Year

1975 and its amendments thereto, and shall cancel the Dubai Chamber’s Internal Regulation dated

13/7/1972.

Article (29)

This Law shall be published in the Official Gazette and shall be enforced as from the date on which

it shall be published. All concerned authorities shall implement this Law, each in accordance with

its jurisdiction.

Maktoum Bin Rashid AI MaktoumRuler of Dubai

Issued in Dubai on 25th May, 1997

Corresponding to 19th Moharram, 1418 Hijri