His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President, Prime Minister and Ruler of Dubai, has issued Regulation No. (24) of 2024, amending sure provisions of Regulation No. (4) of 2018 pertaining to the institution of the Monetary Audit Authority.
Within the new Regulation, Articles (34), (35), and (36) of the unique legislation have been changed with new provisions concerning the investigation of violations and the imposition of disciplinary penalties on offending staff, in addition to the institution of a grievance committee.
The amended Article (34) of Regulation No. (24) of 2024 grants the Director-Common of the Monetary Audit Authority the authority to take a number of actions towards staff to deal with misconduct, together with suspending them, confiscating related paperwork, or dismissing investigations if they’re unfounded or lack proof. Minor violations may be dismissed with disciplinary actions as an alternative of prosecution. If a felony offence is confirmed, the case have to be referred to the Dubai Public Prosecution. Journey bans and asset freezes can last as long as three months and could also be prolonged if mandatory. Appeals may be made after three months until there’s a legitimate cause to attraction sooner. A settlement may be reached if the misappropriated funds and earnings are recovered, which might shut the investigation with out prosecution however nonetheless permit for disciplinary actions.
Article (35) of the amended legislation empowers the Director-Common of the Monetary Audit Authority to evaluate whether or not disciplinary penalties imposed on staff are commensurate with the gravity of the violation. If deemed applicable, the Authority notifies the entity to approve the penalty; if not, the Director-Common could request a stricter penalty, with the up to date choice because of the Authority inside seven days. Non-compliance leads to referral to the Central Violations Committee.
Moreover, the amended Article (35) additionally establishes the unbiased Central Violations Committee, composed of three members appointed by the Authority’s Director-Common, to evaluation instances the place entities fail to adjust to penalty changes and to deal with violations by senior officers. The Committee can uphold, enhance, or dismiss penalties primarily based on proof. Each staff and senior officers can attraction the Committee’s choices inside 15 days by submitting a grievance to the Grievances Committee as stipulated by legislation.
As per the amended Article (36), a everlasting ‘Grievances Committee’ can be established inside the Monetary Audit Authority, appointed by the Authority’s Director-Common. The committee consists of a chairperson, a CEO from a authorities entity, and representatives from the Authority and the Supreme Laws Committee.
The committee evaluations grievances from staff and officers going through disciplinary penalties from the Central Violations Committee and addresses their objections. The chairperson of the committee will outline the committee’s procedures and powers. Choices made by the Grievances Committee are closing and can’t be appealed administratively, however appellants could search judicial recourse.
The brand new Regulation is efficient from the date of its issuance and can be printed within the Official Gazette.
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