Afridi & Angell
  May 20, 2020 - United Arab Emirates

Revised Measures in Response to COVID-19: Sterilisation and Opening Timings and an Updated List of Violations and Fines

On 18 May 2020, the UAE government announced the following timings with effect from today, 20 May 2020:

Retail stores, cooperatives, groceries, supermarkets and pharmacies will remain open for 24 hours, seven days a week during the National Disinfection Programme.

List of Violations and Fines

On 18 May 2020, the Emergency, Crisis and Disasters Prosecution Department of the Public Prosecution announced an updated list of the violations and fines that were originally set out in Resolution 38 of 2020. The changes take effect from 18 May 2020.

The list below follows the numbering of Resolution 38 of 2020. Some violations and fines have remained the same, others have been revised, and new violations have been introduced. For ease of reference, the new changes and additions are in red.

The list of violations and fines under Resolution 38 of 2020 appeared in our previous InBrief dated 29 March 2020.

 

No.

Violation

Fine

1

· Violating an order for mandatary hospitalisation.

AED 50,000

2*

· Failing to abide by home quarantine or re-testing instructions.

AED 50,000
 

· Failing to abide by quarantine instructions at private quarantine facilities or re-testing instructions.

AED 50,000

2 bis*

· Failing to install a smart application or carry an electronic tracking device for home quarantine cases.

 

· Destroying, losing or disrupting the network of electronic tracking device for home quarantine cases.

AED 10,000

The offender will also bear the cost of the electronic device, if lost or damaged.
 

· Hacking, destroying, deleting, damaging or changing the program of the smart application or electronic tracking device.

 

· Illegally obtaining data or information in the smart application or electronic tracking device.

AED 20,000

The offender will also bear the cost of all damages.
 

· Failing to notify the relevant contact centre, without an acceptable excuse, that the electronic tracking device is lost, damaged or malfunctioned within 24 hours of such event.

AED 10,000

3

· Violating the closure or operating hours of an educational institution, movie theatre, gym, nightclub, commercial center, outdoor market, park, leisure centre, cafe, shopping mall, retail shops, gardens, beaches, public swimming pools, hotel swimming pools, and restaurant (the Facilities).

 

· Receiving any visitors in any of the Facilities in violation of the instructions.

AED 50,000 for the owner of a shopping centre and closure of the facility for one month.

AED 5,000 for the owner of a retail shop outside a shopping centre.
 

· Failing to install thermal cameras, or taking any other precautionary measures as required by the relevant authorities, at any of the Facilities.

AED 20,000

 

· Failing to temporarily suspend sailing cruises.

 

· Violating procedures or measures imposed by the relevant authorities when resuming the operations of sailing cruises.

AED 10,000

4

· Violating prohibitions or restrictions on gatherings, meetings, private and public celebrations, and on gathering or being present at public locations, private farms, or agricultural estates.

AED 10,000 for whoever invites or organises the same, and AED 5,000 for participants.

5

· Violating measures of the Ministry of Health & Prevention regarding those coming to the UAE from countries infected by any communicable diseases.

AED 5,000 (which was previously AED 2,000).

6

· Failing to take the appropriate health procedures regarding the regulation of markets, roads, and other public locations exempt from temporary closure.

 

· Failing to implement an order for removal of any temporary structure or the disposal of goods, clothes, or other items are believed to have been contaminated or potentially contaminated with any disease agent and cannot be disinfected.

AED 3,000
 

· (Applicable to accredited health laboratories) Failing to link the data of tested individuals to relevant authorities

AED 20,000
 

· Failing to clean and sterilise equipment, devices, machines within establishments as per the instructions of the relevant authority.

AED 5,000

 

· Violating instructions of the relevant authority relating to cleanliness and personal hygiene practices of workers within establishments or shared housing accommodations.

AED 1,000

 

· Failing to use chemicals (for cleaning, sanitisation and disinfection purposes) or any other material as per the instructions of the relevant authority.

AED 1,000
 

· Failing to preserve the health and safety and prevent spread of communicable diseases as per the decisions and instructions of the relevant authority.

AED 2,000

7

· Failing to take precautionary measures for the crew of accommodation vessels.

AED 10,000

8

(This fine under Resolution 38 of 2020 is cancelled.)

  

9

· Violating the provisions of the Implementing Regulations for the Law on the Prevention of Communicable Diseases as regards the burial or transport of the body of any person who dies from a communicable disease.

AED 5,000 (which was previously AED 3,000).

10

· Exceeding the maximum permitted number of passengers in a car by more than three persons. (This does not apply where members of the same family or second-degree relatives are in a car.)

AED 3,000 for the driver (which was previously AED 1,000).
 

· Using a vehicle to transport goods, objects or other items against its authorized purpose and in violation of health and safety regulations.

AED 5,000 and the vehicle will be impounded for a month.

11

· Failing to wear medical or cloth facemasks in closed public places, shopping centres, public transportation, crowded public areas, high traffic areas, or private vehicle.

AED 3,000 (which was previously AED 10,000).

 
 

· Failing to wear medical or cloth facemask at a company, workplace, housing accommodation.

 

AED 5,000 for the employer or owner of company, establishment or worker’s accommodation.

 

AED 500 for the employee.
 

· Failing to observe the safe distance between individuals.

AED 3,000 (which was previously AED 10,000).
 

· Failing to take necessary measures to ensure social distancing and permitting overcrowding and assembling within establishments, cafes, restaurants, beaches, gyms, public swimming pools, hotel pools.

AED 5,000 for the owner of such facilities.
 

· Exercising, taking part in sports or recreational activities in open places or hotel beaches, walking or gathering in gardens or public places in violation of the preventative measures imposed by the relevant authority.

AED 3,000
 

· Violating the maximum number of employees allowed within a facility, commercial establishment or workplace.

AED 3,000 for the owner of the company or establishment.

12

· Failing to take sterilisation procedures in means of public and private transport.

AED 5,000 for the manager of the company or establishment.

13

· Approaching or going to healthcare facilities in cases other than the prescribed ones.

AED 1,000

14

· Refusing to undergo a medical test upon demand.

AED 5,000
 

· Re-taking a laboratory test for Coronavirus at accredited health laboratories within two weeks without a valid reason.

AED 1,000

15

· Leaving home or travelling during the curfew times announced by the relevant authority for a reason other than to buy food and medicine and to attend to health emergencies.

 

(This is not applicable to employees within the vital sectors who are permitted to move during curfew times, which includes medical, technical and administrative personnel working within governmental and private health facilities.)

AED 3,000

16

· Violating the ban on transferring workers between Emirates. (This is not applicable to workers of exempted categories.)

AED 10,000 for the owner of the company or establishment and driver of the private vehicle.
 

(Applicable to workers within the exempted category)

· Exceeding the maximum capacity imposed by the relevant authority (being half capacity of vehicles) when transporting workers between Emirates or within an Emirate.

 

· Failing to wear masks, and social distance when boarding and disembarking from the vehicle.

AED 5,000 for the owner of the company or establishment

 

AED 500 for the employee or worker.

17

· Carrying on private lessons at home, or public or private places (with direct contact), whether for or without compensation.

AED 30,000 for the individual offering, organizing and mediating private lessons.

AED 20,000 for the owner of the private place where the private lesson was held.

18

· Collecting, copying, broadcasting, disclosing, publicizing, transmitting or circulating health data or information of individuals that tested positive, are undergoing treatment or examination with the health authorities.

 

· Cancelling, deleting, destroying, or altering any such data or information.

 

 

 

AED 20,000

 

 
 

· Violating information security standards approved by government or private health facilities.

AED 5,000

 

Violators of Article 2 and 2 bis (marked with an asterisk (*) above) will be referred to the Emergency, Crisis and Disasters Prosecution Department of the Public Prosecution to be charged for a criminal offence under Article 40 of the Federal Decree Law 2 of 2011 on the Establishment of the National Emergency and Crisis Management Authority. The penalty of such offence is imprisonment for a period not exceeding six months, or a fine not exceeding AED 100,000, or both.

The Attorney General has the authority to order the publication of the pictures and name of violators in media sources as it deems necessary. ■

 

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Please visit our COVID-19 Resource Centre for copies of our COVID-19 inBriefs and Legal Alerts.