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Resolution To issue the Executive Regulation of Act No.(2) of 2016 on the establishment of RAK Center for Statistics and Studies

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Resolution To issue the Executive Regulation of Act No.(2) of 2016 on the establishment of RAK Center for Statistics and Studies We, Mohammed Bin Saud Al Qassimi - Crown Prince Having considered:- Act No.7 of 2012 on establishing an Executive Council in Ras Al Khaimah; Act No.2 of 2016 on establishing RAK Center for Statistics and Studies; Pursuant to the resolution of the Executive Council on adopting the Executive Regulation of RAK Center for Statistics and Studies, And as may be dictated by public interest, It is HEREBY RESOLVED that:- Definitions Article(1) In the implementation of the provisions of this Resolution, the following words and expressions shall have the meanings assigned thereto, unless otherwise required by the context:- Territory: United Arab Emirates; Emirate: Ras Al Khaimah; Ruler: The Ruler of Ras Al Khaimah; Government: The Government of Ras Al Khaimah; Executive Council: The Executive Council of the Emirate; Centre: RAK Center for Statistics and Studies; Board of Directors: Board of Directors of the Center; CEO: CEO of the Center; Authority: The Federal Authority for Competitiveness and Statistics established under the provisions of Federal Law No. 6 of 2015. Data: Figures or statistical information collected through conducting of statistical surveys, censuses, search in the administrative records or other resources for the sake of accessing statistical information or evidence of competitiveness indicators. Statistical information: Data collected, organized, summarized, presented and analyzed in order to get reliable results. Data Resources: include government departments, authorities, public institutions, economic zones authorities and any other authority subsidiary to the government of the Emirate, as well as charitable and civil institutions and associations, foundations, companies and individuals in the Emirate, in addition to federal public ministries, authorities, foundations and international organizations and institutions with regard to the Emirate’s data. Administrative records: statistical, paper-based and electronic records, forms or charts in which statistical information prepared for this purpose is recorded in any government or non-government authorities. Statistics: collecting, analyzing, tabulating and publishing statistical data and information. Statistical documents: maps, charts, records, forms, manuals, methodologies, sample lists, and the like, which contain statistical data and information. Statistical Survey: Any method used to collect statistical data and information from the target sector under research or study, whether fully or through a sample determined pursuant to the international recognized scientific methods. Survey Study: Surveying opinions, measuring trends and collecting information, data and statistics through specific methodological procedures interdependence in order to achieve the objectives of the exploratory study to determine the reality of a specified matter in a specified period. Objectives and Competencies of the Center Article(2) The Center aims at organizing and building a modern and integrated statistical system to support the development policies and requirements of the sovereign and competitive ratings of the Emirate, in order to achieve this purpose, it is competent to the following tasks: 1. Collecting, managing, updating, maintaining, coordinating, consolidating, analyzing and protecting statistical data and information from all data resources of the Emirate. 2. Adopting the latest technical means that accommodate all the tasks related to the management and organization of statistical work in the Emirate pursuant to the latest international methods and standards. 3. Designing and implementing of a unified statistical system within various sectors in the Emirate, characterized by comprehensiveness, accuracy, consistency, modernity and continuity. 4. Participating in projects, programs and statistical surveys at the State level, as well as organizing and participating in conferences, forums, workshops and statistical scientific programs inside and outside the country. 5. Unifying of definitions, methodologies and classifications used in the statistical work of the local departments and other authorities relevant with the definitions and statistical concepts approved by the Authority. 6. Providing statistical data and information within the limits of what is authorized to the government, federal and local departments, enterprises, investors, business community and individuals. 7. Preparing and publishing of the annual statistical book, periodic reports, various statistics and statistical indicators in the Emirate. 8. Training the employees in the field of statistics, working on the development of statistical devices in the resources of data and providing technical advice to them. 9. Working on spreading statistical awareness at the level of the Emirate. 10. Conducting exploratory studies and other specialized studies on population, social, educational, health, economic, environmental phenomena etc. 11. Coordinating and cooperating with various federal and local authorities concerned with statistics in various aspects of statistical work and in accordance with the adopted strategy of the State. 12. Conducting any survey for the applicant against a fee to be approved by the Executive Council in accordance with the established procedures in this respect. 13. Conducting opinion surveys on population, social, economic, cultural and other phenomena in the Emirate. 14. Participating in events and sponsorships that contribute to the development of the local community in the Emirate. 15. Any other duties or competencies to be assigned by the Ruler. Organizational Structure of The Centre Article(3) The organizational structure of the Center comprises of the Board of Directors, the CEO, and the Associate Administrative Machinery in the departments, sections, units and branches, in addition to the Advisory Board. Board of Directors Article (4) A. The Board of Directors of the Center shall compromise of at least five members, including the President, who shall be appointed by a resolution of the Executive Council for a renewable period of three years. The Board shall be responsible for the general supervision of the Center's actions and activities and conducting the business and taking the necessary resolutions to achieve its objectives, as well as it shall in particular undertake the following tasks:- 1. Adopting the general policy of the Centre and the necessary plans to implement the same. 2. Adopting and issuing all the regulations and resolutions necessary for proper functioning. 3. Adopting the strategic plans for the statistical work. 4. Considering of the annual performance reports on the activities of the Center and submitting them to the President of the Executive Board for approval. 5. Adopting the training plans and programs necessary for providing qualified national cadres. 6. Adopting controls that ensure the protection of statistical data and information. 7. Adopting the draft of the organizational structure of the Center. 8. Establishing the Advisory Council of the Center. 9. Appointing an external auditor if needed, determining his fees and forwarding the appointment resolution to the Executive Board for approval. 10. Approving the annual draft budget of the Center and the final account of the same, and submitting it to the competent authority in the Emirate in accordance with the government system followed. 11. Considering, commenting, amending, cancelling or exempt from the fees and charges of the services provided by the Center and forwarding to the Executive Board for adoption or to decide what is necessary in this regard. 12. Considering accepting aid, donations and other financial subsidies to the Center to contribute to the achievement of the objectives. 13. Considering approving the contributions of the Center to the social welfare necessary to contribute to the development of the local community. 14. Any other tasks or competencies to be assigned by the Ruler or the Executive Council. 15. The Board of Directors may delegate the President of the Board to any competences of the same, provided that the authorization is written and fixed term. Meetings of the Board of Directors Article (5) The internal regulation of the Board of Directors shall determine the procedures of convening the Board and the mechanism of voting on the resolutions of the same pursuant to the following: 1. The Board of Directors shall hold the meetings in the Emirate at least once every three months or as-needed; pursuant to a call accompanied by the Agenda from the President of the Board or three members of the Council. The meeting shall be attended by the majority of the members including the President or his representative. 2. The resolutions of the Council shall be issued by the majority and in case of equality, the President shall have the casting vote. 3. The Board of Directors shall, at the first meeting, elect a representative from the members to replace him in his absence. 4. Members of the Council may take part in the meetings of the Council through the means of visual information technology. 5. The task of the Board Secretariat may be assigned by The Board of Directors to any of the staff of the Center nominated by the Executive President. 6. The minutes of the Board of Directors meetings shall be recorded regularly and signed by the President of the Council and shall be kept in the appropriate manner after each session. 7. If a member of the Board fails to attend three consecutive meetings or five sessions without an excuse accepted by the Council, the Chairman shall make a recommendation to the President of the Executive Council to take the necessary action. Powers of Chairman of the Board of Directors Article No. 6 Chairman of the Board of Directors shall be primarily responsible for general supervising on implementing the general policy of the Center and adopting resolutions that ensure fulfillment of its objectives; more particularly he/she shall : 1. Call Board of Directors to convene and preside its meetings; 2. Set statistical data and information and subjects needed to be submitted before Board of Directors; 3. Without having the right to vote, call all experienced and competent individuals needed to appear in the meetings of the Board of Directors; 4. Establish committees from members of the Board of Directors for the sake of discussing specific matters and submitting the same before Board of Directors; and authorize these committees to seek the assistance of required experts and specialists; 5. Issue resolutions of appointing the Center’s first and second degree staff under the Act of Human Resources No. 1 of 2013; 6. Set duties and powers of the Board of Directors’ Secretary; 7. Receive reports, studies and internal briefs from the Center’s CEO and act thereupon; 8. Participate in conferences and forums held inside and outside the UAE to set the best practices in statistical field and may authorize a representative to perform the same; 9. Coordinate with other chairmen of statistic centers inside and outside the UAE regarding the matters of common interest and submit relevant reports to the Board of Directors; 10. Set support frameworks required to the Center from Department of Economic Development in all logistic fields and all matters necessary for smooth running of business inside the Center pursuant to the submissions provided by the CEO. In this regard, he/she, in coordination with the said Department, shall take all proper procedures to promote benefitting from available resources and capabilities; 11. Supervise the coordination with different government authorities in the Emirate in order to provide necessary support to the Center concerning the application of relevant government policies and systems; 12. Supervise the coordination with Sheikh Saqr Program for Government Excellence in order to apply the program of quality and excellence in the Center; 13. Supervise the issuance of periodic reports including resolutions, recommendations, procedures and measures taken by the Center and other matters related to its affairs; 14. Handle all matters submitted by His Highness the Ruler or the Executive Council. Chief Executive Officer (CEO) Article No. 7 A. CEO, as a representative of the Center before other parties, shall be the primarily responsible for administrating and implementing the general policy of the Center. The Executive Council, based on a recommendation from the Board of Directors, shall appoint the CEO who shall only be dismissed by the same method of appointment and shall assume the following powers: 1. Drafting the organizational structure of the Center including powers of departments, sections, units and branches pursuant to principles and standards of governance concerning administration of government institutions and referring the same to Board of Directors for approval; 2. Drafting short, medium and long-term strategic plans of the Center and referring the same to Board of Directors for approval; 3. Drafting annual budget and final account of the Center and receiving the approval of the Board on the same pursuant to the procedures followed in the Emirate; 4. Passing all organizational regulations necessary for smooth running of business inside the Center; 5. Supervising the administrative board of the Center directly and follow-up tasks mandated thereto; 6. Issuing resolutions of appointing the Center’s staff employed in fourth to fourteenth degree under the Act of Human Resources applicable in the Emirate; 7. Referring reports of annual performance on the Center’s activities to the Board of Directors for review and comment; 8. Supervising the development of operational plans of departments and sections; 9. Proposing the appointment of internal auditor for the Center and referring the same to Board of Directors for approval; 10. Establishing the committee of Human Resources and preparing disciplinary penalties regulation pursuant to the act of Human Resources applicable in the Emirate and referring the same to Board of Directors for approval; 11. Establishing committees and teams necessary for follow-up, supervision and internal and external audit to ensure transparency and integrity of the Center’s internal activities thus promoting the objectives of the governance and achieve standards of quality and institutional excellence on Emirate and UAE-level; 12. Approving recommendations of Human resources Committee regarding all matters of the Center’s staff; 13. Opening and operating bank accounts in the name of the Center after submitting the same to the Chairman of the Board of Directors pursuant to the financial system followed in the Emirate in this regard; 14. Issuing daily payment orders within the limits of approved budget; 15. Coordinating with Chairman of the Board of Directors concerning developing plans and programs necessary for smooth running of business inside the Center; 16. Submitting proposals on fees and financial resources of the Center to Board of Directors for consent and to Executive Council for approval; 17. Developing disciplines and procedures necessary to enter into contracts and agreements in the name of the Center; 18. Developing disciplines ensuring confidentiality of Statistical data and information submitted by the Center to ensure non-disclosure of the same and taking all measures in this regard including collecting and maintaining such data and information in places wherein safety and security as per the latest recognized systems in the field of Information Security are secured; 19. Seeking assistance of whomever fulfilling the interest of the business including advisors, experts and specialists from outside the Center in different fields inside and outside the UAE; 20. Taking all procedures on the Center’s staff that ensure improving their work environment, stimulating their work and innovation and achieving their happiness; 21. Drafting the financial and administrative regulations necessary to organize work process in the Center, in addition to regulations on regulating Human Resources and training programs and referring the same to Board of Directors for approval; 22. Defining the scope of individual data not to be disclosed in the official statistical circulars to maintain its confidentiality; 23. Following-up with the authority the coordination of the statistical work to increase the competitiveness of the UAE and taking all procedures necessary to provide data and information required by the authority; 24. Coordinating with the Authority upon considering any amendment to the records or statistical forms utilized thereby so as to ensure satisfaction of statistical work requirements inside the UAE by these records and forms; 25. Preparing plans and training programs necessary to provide sufficient number of qualified national staff and referring the same to Board of Directors for approval; 26. Attending the meetings of Board of Directors upon calling from its president without having a counted voice in voting; 27. Having the responsibility of other duties assigned thereto by the Center’s Board of Directors; B. CEO may authorize some of his powers to any of the Center’s staff provided that the authorization shall be in-writing and with a limited term and may authorize others to represent him/her before authorities. Administrative Board of the Center Article No. 8 1. The Center shall have a board of administrators and technicians, who shall be appointed pursuant to the Act of Human Resources applicable in the Emirate for the sake of supporting the CEO in implementing powers and duties mandated by the Center; 2. The function of administrative board and policies of teams and committees shall be organized pursuant to by-laws prepared by the CEO and approved by Board of Directors; 3. Staff of Administrative Board shall be governed by Sheikh Saqr Program for Government Excellence for the sake of implementing quality and excellence program in the Center; 4. Remunerations and allowances of staff and remunerations of teams, committees, experts and advisors shall be organized pursuant to financial by-laws prepared by the CEO and approved by Board of Directors. Advisory Council Article No. 9 The Center shall have an Advisory Council to be appointed under a resolution from Board of Directors and shall be comprised of a number of members with experience and competencies relevant to the business of the Center. The Council shall provide technical consulting thus contributing to upgrading the level of statistical work in the Emirate to match the best practices and international standards. The Council shall be called for meeting at least once annually. Coordination Committee Article No. 10 Board of Directors may establish a Coordination Committee including members with experience and competencies in the fields of planning, statistics, studies and other fields needed by the Center. The said Committee may include representatives of production and services sectors and shall convene twice annually or by a call from the CEO to convene exceptionally, if necessary. Committee shall provide consulting on how to upgrade the level of statistical work in the Emirate and means of optimal cooperation with different production and services sectors to instantaneously obtain accurate data and promote competitiveness of the Emirate and the UAE; and consulting on any subjects related to statistical work. Cooperation of Data Resources Article No. 11 Data Resources and research providers shall fully cooperate with the Center and its authorized individuals to conduct census, statistical surveys, opinion polls and specialized studies thus fulfilling its objectives including furnishing all statistical data and information on all proper platforms pursuant to the latest technology prescribed by the Center to ensure its effective and accurate flow. The Center shall develop technical disciplines regulating its relations with such resources. Relation of The Center With The Authority Article (12) The Center shall take over the following: 1- Conduct statistic surveys pursuant to annual survey program approved by the Authority and pursuant to the methodologies, standards, classifications, definitions, models, forms and dates approved thereby without violating the right of the Center to conduct statistic surveys in the Emirate pursuant to strategies and annual and future plans of the Center and in the way that does not contradict with the requirements of the statistic work in the State. 1- Provide the Authority with the details of the surveys stated in clause (1) of this article after collecting, reviewing and tabulating the same. 2- Coordinate with the Authority to approve and apply methodologies, standards, classifications and definitions related to statistic operations. 2- Unify and coordinate efforts and cooperate with the Authority to issue national indicators. 3- Participate in the project of e-link between the Center and Authority. 3- Conduct joined surveys with the Authority when necessary. Relation of The Center With The Government Authorities Article (13) The government authorities shall abide, pursuant to the Act of establishing the Center & Articles of this Regulation, by the following: 1- Facilitate the task of the employees of the Center in charge of any of statistic or census works and ensure easiness of their communication with related authorities and provide the information required by them for statistical purposes, including allow them to look over records and other means of saving information. 1- Assign a Liaison Officer to represent the concerned government authority in any organizational arrangements to coordinate the joint work with the Center. 2- Provide the Center with any statistics required thereby within the frame of its competence 2- Coordinate with the Center before making any amendments or additions to records forms or statistic mechanisms used thereat in order to ensure that these records, forms and mechanisms meet the purposes of the statistic work in the Center. 3- The persons concerned with statistic work in the government authorities in the Emirate shall comply with definitions, classifications and technical standards approved by the Center. 3- Any government authority may, in coordination with the Center, conduct any survey to collect specific data, it is related directly to its work scope and not available with the Center. It is prohibited for government authority to publish such data except after the approval of the Center. 4- Any government authority in the Emirate may not conduct any general statistical surveys except after obtaining approval of the Center. Relation of The Center With The Other Authorities Article (14) 1- Every natural or legal person shall provide all required data to employees of the Center who are in charge of any of statistics and census works and such data should be presented in the way and on times determined by the Center. 1- Persons mentioned in clause (1) of this article shall facilitate the task of the employees of the Center to verify the data and information presented to them, including looking over the records, papers, documents and other means of saving information. 2- The employees of the Center are entitled to put necessary numbers, letters and marks on public and private buildings to serve the statistical work. 2- No individual or non-government authority may conduct any field or non-field statistical surveys or make exploratory studies for third party, except after obtaining permission from the Center pursuant to the following conditions: A- Permission application shall be submitted to the Center indicating subject of the permission, reason thereof and applicant authority, attached with documents of applicant’s ID whether he is individual or company. B- The Center shall study the application and take resolution thereon by the CEO. C- The applicant whose application has been rejected may submit grievance to Chairman of the Center and the grievance should be answered not later than one week from submitting the same and his resolution in this regard shall be considered final. D- The authorized person shall undertake not to publish the findings of the authorized surveys or exploratory study except after approaching the Center and obtain its prior approval. E- The Center shall collect a fee against the permission pursuant to the fees schedule approved by the Executive Council. F- Copy of the forms of this survey and the studies and the analysis thereof shall be saved in the Center’s archive. Relation of The Center With Department of Economic Development Article (15) Department of Economic Development shall provide the logistic support to the Center in terms of premises, information, documents, technical support, manpower and other means of support temporarily to achieve its objectives and till issuance of a resolution by the Executive Council in this regard. Article (16) By this regulation, all rights, obligations, responsibilities and powers vested to Department of Economic Development in the Emirate in managing the statistical work shall be transferred to the Center. The Department and the Center shall be entitled to take the procedures prescribed by the Current Human Resources Act regarding transfer the necessary employees specialized in the statistical studies and work from the Department to the Center in accordance with public interest. Data Confidentiality Article (17) 1- All individual and unpublished information and data collected or saved by the Center or the supporting natural, moral, governmental and non-governmental authorities, related to any survey or statistical census shall be considered confidential, and the Center or any of the employees thereof may not inform anybody or public or private authority of such information or data or disclose or use the same for any of statistical purposes, except after obtaining permission from management of the Center. 1- Upon publishing the official statistics, the Center shall commit to not disclose any individual information in order to maintain its confidentiality. 2- The employees working in the field of statistics in the Center and government and non-government authorities who are concerned with any survey or statistical census in coordination with the Center, shall commit to sign on a declaration not to disclose or publish any individual information or data. 2- The statistical information and data should be disclosed if such disclosure is in execution of judicial order or judgment. 3- The Center should take the appropriate procedures to apply terms of security and safety to ensure protection of statistical data and information. Article (18) The following shall be excepted from the rule of data confidentiality: 1- Using the individual data to prove violating the provisions of the law of establishing the Center and this regulation or systems and resolutions issued thereby. 1- Using individual data related to the person or authority provided their written approval thereon. Publishing of Data Article (19) The Center may publish results of public statistical data and information in periodical bulletins or annual reports except personal statistical data and information. It is prohibited for any government or non-government authority to publish any statistical data or information, whatever the content thereof or the authority preparing the same without obtaining written approval from the Center. Any statistical data issued by a way not prescribed by the law and this regulation shall be considered unrecognized by the Emirate and the State and the Center shall be entitled to take all legal procedure in this regard. Refrain From Providing Data Article (20) 1- The person, subject of research, shall be considered reluctant from giving the required data if he does not provide the same within 30 days from the date of notifying him thereof, unless it is proved that he had legal excuse which prevented him from providing this data, except statistics works where deadlines of providing the data are determined by a resolution issued by the Executive Council in this regard. 1- It is not permissible to invoke by not disclosing secrets of profession when providing or requesting data and information pursuant to provisions of Act no. (2) Of 2016 regarding establishing RAK Center of Statistics & Studies and this regulation and the resolution issued in implementation thereof. Law Enforcement Article (21) 1- As applied in the Emirate, a resolution shall be issued based on recommendation of the CEO, of the names of the employees who shall have the capacity of law officers in proving the deeds which violate the provisions of the Act no. (2) of 2016 regarding establishing the Center and this regulation. 1- Controllers shall, under supervision of CEO, make necessary violation report and refer the same to the competent authority. 2- The Center shall be entitled to seek the help of other government authorities in order to execute the provisions of Act and the executive regulation thereof and these authorities should provide support and help once requested. 2- The Center is entitled to seize any printing tools, records or bulletins or others that might be used in any of the violations stated in Act no. (2) of 2016 regarding establishing the Center and the executive regulation thereof and take all legal procedures thereon. Services Fees Article (22) The Center is entitled to collect fees pursuant to the fees schedule approved by the Executive Council against statistical permits for surveys and required statistical data, information and bulletins and against information services and technical consultancies and conduct specialized surveys for the applicants thereof, training and hosting conferences, seminars and workshops. The Center is entitled also to receive charge against providing any authority with information or certificates or documents or others required thereby. Money of The Center Article (23) Money of the Center is public money and all Acts and Regulations related to public money shall be applied in respect thereof. Cancellations Article (24) Each provision which is contrary to or inconsistent with the provisions of this resolution shall be repealed. Enforcement Article (25) This resolution shall be in force as date of its issuance and shall be published in the official gazette. Issued by us on this day twenty second of Shaaban 1438 A.H. corresponding to eighteenth of May 2017 A.D. Signature Mohamed Bin Saud Bin Saqr Al-Qasimi Crown Prince

Classification
  • Civil Legislation
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