Federal Law No. (9) of 2021 Concerning the Prohibition of Using Academic Certificates Issued by Unlicensed Entities
We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,
Having reviewed the Constitution,
And Federal Law No. (1) of 1972 Concerning the Competencies of Ministries and Powers of Ministers, and its amendments,
And Federal Law No. (8) of 1980 on the Regulation of Labour Relations, and its amendments,
And Federal Law No. (3) of 1987 Promulgating the Penal Code, and its amendments,
And Federal Law No. (35) of 1992 Promulgating the Criminal Procedure Law, and its amendments,
And Federal Decree-Law No. (11) of 2008 Concerning Human Resources in the Federal Government, and its amendments,
And based on the proposal of the Minister of Education, the approval of the Cabinet and the Federal National Council, and the ratification of the Federal Supreme Council,
We have issued the following Law:
Article (1)
Definitions
The State: The United Arab Emirates.
The Ministry: The Ministry of Education.
The Minister: The Minister of Education.
Academic Certificate: An official document proving a person's completion of a study stage or year, or their acquisition of a scientific, professional, or vocational qualification, issued by an educational or training institution inside or outside the State, legally established, and licensed to conduct the activity that permits it to grant this certificate.
Academic Certificate Issued by an Unlicensed Entity: A document issued by an educational or training institution that has no legal existence inside or outside the State, or issued by an entity not licensed to issue such a certificate.
Competent Authority: The Ministry of Education and any other entity specified by the Executive Regulations.
Employers in the State: Any governmental or non-governmental employer, whatever its nature or affiliation, in any region of the State, including free zones.
Article (2)
Aims of the Law
This Law aims to prohibit the use of academic certificates issued by an unlicensed entity for employment with any employer in the State, or for any other purpose.
Article (3)
Scope of Application of this Law
The provisions of this Law shall apply to the entire territory of the State, including free zones.
Article (4)
Conditions of the Academic Certificate
The following conditions must be met for an academic certificate:
a- All data contained therein must be correct.
b- The Competent Authority must confirm that it is issued by a legally established and licensed entity.
c- Any additional conditions stipulated in the Executive Regulations.
Article (5)
Non-Recognition of Academic Certificates Issued by Unlicensed Entities
No academic certificate issued by an unlicensed entity shall be recognized in accordance with the conditions stipulated in Article (4) of this Law and its Executive Regulations. It is prohibited for any person to use this certificate for any purpose within the State, and it is prohibited for all employers in the State to employ any person based on it, or to engage their services permanently or temporarily, or to enable them to benefit from it in any capacity.
Penalties
Article (6)
a- The application of the penalties stipulated in this Law shall not prejudice any more severe penalty provided for in any other law.
b- Anyone who mistakenly commits any of the following acts shall be punished by imprisonment for a period not exceeding three months and a fine not exceeding (30,000) thirty thousand dirhams, or by one of these two penalties:
1- Submitting an academic certificate issued by an unlicensed entity to obtain the approval of the Competent Authority in accordance with Article (4) of this Law.
2- Submitting an academic certificate issued by an unlicensed entity to obtain any job, or to be engaged permanently or temporarily, with one of the employers in the State.
3- Publishing an academic certificate issued by an unlicensed entity through any means of publication.
c- The penalty stipulated in clause (b) of this Article shall be doubled if the person obtains a job or any material or moral benefit based on this certificate.
d- Anyone who intentionally commits any of the following acts shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding (500,000) five hundred thousand dirhams, or by one of these two penalties:
1- Submitting an academic certificate issued by an unlicensed entity to obtain the approval of the Competent Authority in accordance with Article (4) of this Law.
2- Submitting an academic certificate issued by an unlicensed entity to obtain any job, or to be engaged permanently or temporarily, with one of the employers in the State.
3- Publishing an academic certificate issued by an unlicensed entity through any means of publication.
4- Obtaining, by virtue of an academic certificate issued by an unlicensed entity, an academic title or any other moral benefit.
e- Any employee of an employer in the State who accepts an academic certificate issued by an unlicensed entity in any transaction related to that employer, while knowing the truth about that certificate, shall be punished by imprisonment for a period not exceeding two years and a fine of not less than (100,000) one hundred thousand dirhams and not exceeding (1,000,000) one million dirhams, or by one of these two penalties.
f- Anyone who intentionally commits any of the following acts shall be punished by imprisonment for a period not exceeding two years and a fine of not less than (500,000) five hundred thousand dirhams and not exceeding (1,000,000) one million dirhams, or by one of these two penalties:
1- Issuing or participating, by any means, in the issuance of an academic certificate from an unlicensed entity.
2- Advertising or promoting any unlicensed entity that issues these certificates from inside or outside the State.
Article (7)
In all cases, the court shall order the removal of all benefits obtained by the person convicted of any penalty stipulated in this Law, without prejudice to the right of the entity from which he benefited to demand the return of what he obtained unlawfully.
Article (8)
Rectification of Status
The Cabinet may issue any decisions to address the situations resulting, before the implementation of this Law, from the use of academic certificates issued by unlicensed entities.
Article (9)
Repeals
Any provision that violates or contradicts the provisions of this Law is hereby repealed.
Article (10)
Executive Regulations
The Executive Regulations shall be issued by a decision of the Cabinet, based on a proposal from the Minister, within six months from the date of publication of this Law.
Article (11)
Publication and Enforcement of the Law
This Law shall be published in the Official Gazette and shall come into force six months after the day following its publication date.
Khalifa bin Zayed Al Nahyan
President of the United Arab Emirates
Issued by us at the Presidential Palace in Abu Dhabi:
On: 17 / Ramadan / 1442 H
Corresponding to: 29 / April / 2021 AD