The Administrative Penalties for Violations of the Precautionary Measures to Limit the Spread of Coronavirus

The Administrative Penalties for Violations of the Precautionary Measures to Limit the Spread of Coronavirus

The Administrative Penalties for Violations of the Precautionary Measures to Limit the Spread of Coronavirus

The UAE Cabinet Resolution number 17 of 2020 prohibits any natural or legal person from violating the precautionary and preventive measures and the instructions on preserving health and safety to prevent the risk of the spread of Coronavirus (COVID-19) issued by the Ministry of Health and Prevention, the Ministry of Interior and the National Emergency Crisis and Disaster Management Authority.

As for the process of controlling and monitoring compliance with these precautionary measures, it is – according to law- the duty of both the Ministry of Interior and the Police Headquarters in the State and the competent judicial officers in the relevant Federal and local governmental authorities, each according to its competence.

The Administrative Penalties     

The Cabinet Resolution number 17 of 2020 has imposed an administrative fine of not less than 500 five hundred AED and not more than 50000 fifty thousand AED on those who violate the precautionary and preventive measures and the instructions and duties to limit the spread of Coronavirus. The fine is doubled in case of repetition for one time only. The violator will be referred to the Crisis and Emergency Prosecution in the Federal Public Prosecution if the violation is committed for the third time.

However, according to the decision of the Attorney General in the United Arab Emirates number 38 of 2020, the administrative penalties are detailed according to each violation of the instructions and the precautionary measures, as follows:

• Violation of the compulsory hospitalization decision to subject those infected with any of the communicable diseases in the event of their refusal directly or following the treatment prescribed to them despite notifying them of the necessity of that. The penalty set for this violation is 50000 AED.
• Failure to abide by the instructions of the home quarantine according to the home quarantine guide, and re-examination according to the health procedures, or refraining from executing them. The penalty is 50000 AED.
• The violation of noncompliance with closing any educational institution or any cinema, sport, amusement, commercial centers, open markets, gardens, parks, cafes, shopping malls, restaurants or the like, or receiving visitors in any of them, in violation of the instructions.
• The violation of noncompliance with the measures for opening the public parks, beaches, sports training centers, public swimming pools and the hotel pools without performing the procedures decided by the competent authorities.
• The violation of noncompliance with suspension of all the tourist voyages temporarily.

In the three cases, the fine for the person responsible for the facility is 50000 AED, in addition to the administrative closure, while the fine for the visitor for any of the mentioned facilities is 500 AED.

• The violation of preventing or restricting gatherings or holding private and public celebrations, or gathering or presence in the public places or the private farms or small villages. The penalty for the inviter or organizer is 10000 AED, while the penalty for each participant is 5000 AED.
• The violation of the measures issued by the Ministry of Health and Prevention towards the comers to the State from the Pandemic countries with any communicable diseases. The penalty is 2000 AED.
• Refraining from taking the appropriate health measures regarding the regulation of markets, roads and other public places that are excluded from the temporary closure, and refraining from the implementation of any order to remove any temporary building or to damage any luggage or clothes or other things, which are contaminated by any pathogen without the possibility of disinfecting them by the followed methods. The penalty prescribed is 3000 AED.
• Refraining from taking the precautions for the shelter ship crew. The penalty is 10000 AED.
• The violation of leaving the house without a necessity or requirement, or for reasons other than work or purchasing the basic needs. The penalty is 2000 AED.
• The violation of the provisions of the executive regulation of the Communicable Diseases Control law regarding burying or moving the body of any deceased person because of a communicable disease. The penalty is 3000 AED.
• The number of passengers allowed for a vehicle exceeding three persons. The vehicle’s driver is fined 1000 AED.
• Not wearing the medical masks indoors or not observing the spacing distance. The penalty is 1000 AED.
• Not following the sterilization procedures for the public transport. The penalty is 5000 AED.
• Visiting the health facilities in conditions other than what is prescribed. The penalty is 1000 AED.
• The refusal to perform a medical examination on request. The penalty is 5000 AED.

These are the administrative penalties which aim to pushing people to strictly adhere to the precautionary measures to limit the outbreak of the Coronavirus. The Cabinet’s resolution has made the administrative penalty a fine ranges from 500 and 50000 AED. The resolution of the Attorney General has detailed these fines so that the value of the fine is proportional to the seriousness of the violation of the health measures and instructions to limit the spread of the disease. What remains most important is the extent of the individual’s sense of responsibility towards his health, safety of his community and stability of his country, which is a sufficient motivation to adhere to these health measures.

Mohamed Mahmoud Al Marzooqi law firm

Attorney / Mohamed Al Marzooqi
Mohamed Al Marzooqi advocates & Consultancy
Lawyer in Abu Dhabi, Dubai – UAE