H.H President of UAE issues Decree Amending the Name of “Emirates Identity Authority” to become “Federal Authority for Identity and Citizenship” (“FAIC”)”

The H.H Sheikh. Khalifa bin Zayed Al Nahyan, President of the UAE, issued a Federal Decree No. (3) of 2017 amending the Federal Decree – Law No. (2) of 2004 on the establishment of Emirates Identity Authority.

Under Article (1) of such Law, the name “Emirates Identity Authority”, ascribed in the title of the Federal Decree – Law No. (2) of 2004, shall be replaced to become “Federal Authority for Identity and Citizenship” wherever it appears in any articles of such Law or in any other law.

Under Article (2) of such Law, Article (6), Paragraph (3) of Article (8) and Article (11) of the Federal Decree – Law No. 2 of 2004 on the establishment of Emirates Identity Authority shall be replaced by the following provisions:

The Authority shall be managed by a Board of Directors, to be composed of 7 members, including the Chairman of the Board with the rank of Minister and a Vice-Chairman. The members of the Board shall be appointed by a Federal Decree. Such members would include representatives of the entities relevant to the work of the Authority.

The term of membership within the Board shall be three years. Such term shall also be renewable. In the event that a member is to be out of the Board of Directors, then an alternate member shall be appointed instead of such previous member, for the remaining term of its predecessor’s membership. The Vice-Chairman shall hold the office of the Chairman in its absence. The Chairman shall issue its own internal regulations upon the approval of the Board of Directors.

Paragraph (3) of Article (8) shall be replaced upon the approval and issuance of FAIC’s internal resolutions and regulations in respect of the financial and technical affairs, as well as the approval on FAIC’s organizational structure and human resources systems. The same shall be submitted to the Cabinet for approval and issuance.

Article (11) provides that “FAIC” shall have one or more General Manager with the rank of Undersecretary of a Ministry, from civil or military personnel whose rank is not less than “Major-General”. Such appointment shall be made by the issuance of a federal decree after the approval of the Cabinet and upon the nomination made by the Board.

As per Article (3) of Federal Law No. (3) of 2017, the Federal Decree – Law No. (2) of 2004 on the establishment of Emirates Identity Authority shall have a new paragraph to be introduced to
Article (2), as well as the new articles bearing Nos. 4 (bis), 21 (bis) 1, and 21(bis) 2, the provisions thereof shall be as follows:

– Article (2), added paragraph: “Federal Authority for Identity and Citizenship shall be competent in dealing with the affairs of Citizenship, passports, entry & residence of foreigners into the State. Federal Authority for Identity and Citizenship shall also be responsible for developing the relevant policy and ensuring the implementation thereof in accordance with the provisions of this Decree-Law, laws, regulations and resolution applicable in the State.”

– Pursuant to Article (4) of the Law, the applicable resolutions shall remain in force and effect in respect of the affairs of Citizenship, passports, entry & residence of foreigners at the time of issuance of this Decree-Law without any conflict with its provisions, until the issuance of the regulations and resolutions to be in their place.

– Article (5) of the Law provides that the entities concerned shall take the necessary measures to implement all provisions of this Decree-Law, in their respective area of competence, provided that, this implementation is to be completed within a period not exceeding six months from the effective date or under a decree to be passed by the Cabinet.