The Arab Customs Cooperation Agreement
The United Arab Emirates (the “UAE”) has taken a significant step towards enhancing its trade and customs framework by announcing its accession to the Arab Customs Cooperation Agreement (the “Agreement”) through Federal Decree Law No. (90) of 2023, which was published in the Official Gazette No. (752) on 31 May 2023. This Agreement primarily aims to foster information exchange on customs procedures and practices, combat customs offenses and violations, and facilitate smoother international trade. The UAE’s participation underscores its dedication to bolstering the regional trading framework through the exchange of information and the unification of customs procedures and practices.
Key Provisions
The Agreement contains key provisions on exported products, procedures, and actions against customs violations and related crimes, such as smuggling. It emphasizes collaboration among member states in combating smuggling, counterfeiting, and illicit trade (Article 12), and encourages cooperation and information sharing to tackle money laundering and terrorism funding (Article 13). Member states can further request copies of data on customs violations and crimes (Article 16), and are enabled to authorize the controlled movement of prohibited goods under customs supervision (Article 17). Member states are moreover granted the ability to conduct cross-jurisdictional investigations when suspecting customs violations.
One important aspect of the Agreement is its role in safeguarding the Intellectual Property (IP) rights of corporations in the region through the establishment of specialized investigation units (Article 11). By simplifying investigation and prosecution processes, the Agreement acts as a crucial line of defense against IP infringements. This provision aligns with the current UAE’s efforts to ensure the protection of IP rights and foster an environment conducive to innovation and creativity.
Conclusion
The UAE’s participation in the Agreement signifies its commitment to regional cooperation demonstrates the UAE’s commitment to combating smuggling, protecting intellectual property rights, and promoting a secure and conducive environment for international trade. We expect that the increasing collaboration of members states through this Agreement will be the driving force in reshaping the region’s landscape in the international trade and customs landscape for the foreseeable future.
How Al Tamimi & Company can help?
Al Tamimi & Company’s Transport & Logistics team has extensive experience in the UAE with regards to matters of Customs & Logistics, Trade, and Intellectual Property. In addition, we have rights of audience before the courts across in Bahrain, Egypt, Iraq, Jordan, Kuwait, Morocco, Oman, Qatar, Saudi Arabia, and UAE, as well as local insights have enabled us to represent clients in complex local and multi-jurisdictional claims, defences, and commercial transactions.
Key Contacts
Sakher Alaqaileh
Senior Counsel
s.alaqaileh@tamimi.com
Bassam Al-Azzeh
Senior Associate
b.alazzeh@tamimi.com