This Resolution establishes the regulatory framework for the Automatic Exchange of Financial Account Information in the UAE, aligned with the OECD Common Reporting Standard. It defines the roles of Regulatory Authorities, including the Central Bank and Ministry of Finance, in supervising financial institutions. The text specifies mandatory due diligence, reporting timelines, and five-year record-keeping obligations for Reporting Financial Institutions. Notably, it outlines a stringent administrative penalty regime for non-compliance, including fines for false self-certifications and failure to submit Nil Returns, while implementing the provisions of the Multilateral Administrative Agreement ratified by Federal Decree No. 48 of 2018.
This is not an Official Translation:
Implementing Certain Provisions of the Multilateral Administrative Agreement for Automatic Exchange of Information
Cabinet Resolution No. 93 of 2021
The Cabinet
Upon perusal of the Constitution;
Federal Law No. (1) of 1972 Concerning Jurisdictions of Ministries and Powers of Ministers, as amended;
Federal Law No. (8) of 2004 Concerning Financial Free Zones;
Federal Law No. (14) of 2016 on the Administrative Violations and Penalties in the Federal Government;
Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds.
Federal Decree No. (48) of 2018 Ratifying the Multilateral Administrative Agreement for Automatic Exchange of Information; and
Cabinet Resolution No. (17) of 2012 Concerning Collection and Exchange of Information for Implementing International Tax Agreements;
Cabinet Resolution No. 5/11 of 2020 Concerning Implementing Certain Provisions of the Multilateral Administrative Agreement for Automatic Exchange of Information; and
Resolved
Article 1 - Definitions
1 For the purpose of implementing this Resolution, the following words and expressions shall have, unless the context provides otherwise, the meanings respectively assigned –thereto:
State
:
The United Arab Emirates
The Agreement
:
The Multilateral Administrative Agreement for Automatic Exchange of Information ratified by Federal Decree No. 48 of 2018.
Common Reporting Standard
:
The Standard for Automatic Exchange of Financial Account Information issued by the OECD.
Competent Authority
:
Ministry of Finance.
Regulatory Authorities
:
The authorities identified in Article 3 of the Resolution.
Financial Institution
:
The financial institution as defined in the regulations issued by the Regulatory Authority.
Account Holder
:
The account holder as defined in the regulations issued by the Regulatory Authority.
Controlling Person
:
The controlling person as defined in the regulations issued by the Regulatory Authority.
Article 2 - Scope of Application
This Resolution shall apply to -
the Reporting Financial Institution; and
the Account Holder and, if applicable, the Controlling Person with a Reportable Account maintained by the financial authority.
Article 3 - Regulatory Authorities
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