أعلنت الهيئة الاتحادية للهوية والجنسية والجمارك وأمن المنافذ (ICP) في الإمارات عن بدء فترة سماح لمدة شهرين تبدأ من 1 سبتمبر 2024، تستهدف المقيمين المخالفين لنظام الإقامة. هذه المبادرة تمثل خطوة هامة لمساعدة الأفراد في تسوية أوضاعهم القانونية إما من خلال تحديث وضعهم أو مغادرة الدولة بدون تكبد أي غرامات.

تفاصيل فترة السماح

من 1 سبتمبر 2024 وحتى 31 أكتوبر 2024، تُتاح للمخالفين لقوانين الإقامة فرصة لتحديث أوضاعهم أو مغادرة الإمارات دون تحمل الغرامات التي تُفرض عادةً. تهدف هذه الفترة إلى معالجة وتسوية أوضاع العديد من المقيمين الذين ربما تجاوزوا مدة الإقامة المسموح بها أو لم يلتزموا بالقوانين المتعلقة بالإقامة.

تسوية الوضع القانوني

للمقيمين الذين يرغبون في البقاء في الإمارات، يمكنهم الاستفادة من هذه الفترة وتسوية وضعهم القانوني. قد يتطلب ذلك تجديد التأشيرات المنتهية، تعديل تصاريح الإقامة، أو الحصول على الموافقات اللازمة لمواصلة الإقامة في الدولة بشكل قانوني. لقد قامت الهيئة بتبسيط الإجراءات لضمان معالجة الطلبات بكفاءة وتقليل العبء الإداري على المتقدمين.

مغادرة الدولة

أما بالنسبة لأولئك الذين يقررون مغادرة الإمارات، توفر فترة السماح هذه فرصة للمغادرة دون تحمل الغرامات على تجاوز مدة الإقامة. يشجع هذا الإجراء الامتثال للقوانين المتعلقة بالإقامة مع توفير حل إنساني لأولئك الذين لم يتمكنوا من تلبية المتطلبات القانونية سابقًا.

المساعدة القانونية 

قد يواجه الأفراد صعوبات في فهم وتطبيق القوانين المتعلقة بالإقامة، وقد يحتاجون إلى مساعدة قانونية لضمان الامتثال. نحن في “الصَّفَر ومشاركه” للمحاماة والاستشارات القانونية  نقدم المشورة القانونية والدعم اللازم خلال هذه الفترة. فريقنا المتخصص يمكنه تقديم المساعدة في:

الخاتمة

تُعد فترة السماح التي أعلنت عنها الهيئة الاتحادية للهوية والجنسية والجمارك وأمن المنافذ فرصة قيمة للمقيمين المخالفين لنظام الإقامة لتسوية أوضاعهم دون تكبد غرامات. نحن في مكتب “الصّفََر ومشاركوه” ملتزمون بمساعدة الأفراد في هذه العملية وضمان الامتثال لقوانين وتشريعات دولة الإمارات. لمزيد من المعلومات أو لحجز استشارة، يرجى التواصل معنا عبر المعلومات التالية: +97144221944 reception@alsafarpartners.com  –  www.alsafarpartners.com

Written By:

Ms. Nazeli Sahakyan – Legal Consultant in Criminal Department at Al Safar and Partners Law Firm.

As the new academic year approaches, the UAE Ministry of Interior is set to launch the national awareness campaign “Accidents-Free Day” on August 26, 2024. This initiative aims to ensure that the first day of the school year is free from traffic accidents, as part of the Ministry’s broader strategy to enhance road safety through the promotion of responsible driving habits.

Rewarding Law-Abiding Drivers: 4 Traffic Points Discount

To encourage drivers to adhere to traffic regulations, the Ministry of Interior is offering a 4-point traffic discount to those who comply with the rules on the day of the campaign. To be eligible for this reward, drivers must:

  1. Sign the Campaign Pledge: Drivers wishing to receive the traffic points discount must sign the campaign pledge, which is accessible via the link provided in the bio of the Ministry’s social media accounts (MOIUAE).
  2. Fully Comply with Traffic Laws: To qualify for the discount, no traffic violations or accidents must be recorded against the driver on the campaign day. This includes adherence to all traffic laws, such as observing speed limits, refraining from using mobile phones while driving, and giving priority to pedestrians and emergency vehicles.
  3. Post-Campaign Evaluation: The discount will be applied two weeks after the campaign day, allowing authorities time to verify that no violations were committed during the designated period.

The Campaign’s Role in Promoting Road Safety

“Accidents-Free Day” is not just a one-off initiative; it is part of a comprehensive vision aimed at achieving the highest levels of road safety for all users. The campaign calls on all members of the community, including drivers and pedestrians, to cooperate in creating a safe and accident-free traffic environment.

Purpose of the Traffic Points Discount

In the UAE, traffic points are a legal mechanism used to track serious traffic violations. Accumulating too many points can result in penalties such as license suspension or fines. Thus, the traffic points discount serves as a reward for drivers who follow the law, demonstrating the proactive approach the UAE takes in promoting safe driving.

Tips for Drivers on Campaign Day

To avoid accidents and violations on the day of the campaign, the Ministry of Interior offers the following tips:

Conclusion

“Accidents-Free Day” is an open invitation to all drivers and citizens in the UAE to participate in enhancing road safety. By committing to traffic regulations, we can all contribute to creating a safer environment for everyone.

Al Safar and Partners Law Firm encourages everyone to benefit from this campaign and actively participate in promoting road safety. We are proud to support all efforts aimed at protecting the community and ensuring its safety. Should you have any legal inquiries please do not hesitate to contact us via the following information +971.4.4221944  reception@alsafarpartners.com  – www.alsafarpartners.com 

Written By: 

Ms. Mays Kabbani – Head of Criminal Practice at Al Safar and Partners Law Firm.

مع اقتراب بداية العام الدراسي الجديد، وتحديدًا في26 أغسطس 2024، تطلق وزارة الداخلية في دولة الإمارات العربية المتحدة حملة بعنوان “يوم بلا حوادث”. تستمر هذه الحملة ليوم واحد فقط، ,ويتم خصم عدد من النقاط المرورية للملتزمين بالقوانين. تأتي هذه الحملة في إطار حرص الوزارة على ضمان سلامة الطلاب والمواطنين على الطرقات، وخلق بيئة آمنة تعزز من ثقافة القيادة الآمنة.

خصم نقاط مرورية

تتميز هذه الحملة بتقديم خصم قدره 4 نقاط مرورية للسائقين الملتزمين خلال هذا اليوم، وذلك كمكافأة لهم على حرصهم على السلامة العامة والالتزام بالقوانين. يعكس هذا الإجراء التزام وزارة الداخلية بتشجيع السائقين على تحسين سلوكهم المروري وتبني أساليب قيادة أكثر أمانًا.

الإطار القانوني للخصومات المرورية:

وفقًا لقوانين المرور في الإمارات، تُعتبر النقاط المرورية إحدى الوسائل القانونية لتتبع سجل المخالفات المرورية للسائقين. ويتم منح هذه النقاط بناءً على نوع وخطورة المخالفة. وفي حالة تراكم عدد كبير من النقاط المرورية، قد يواجه السائق عقوبات قانونية مثل تعليق رخصة القيادة أو فرض غرامات مالية.

تأتي مبادرة خصم النقاط المرورية في إطار التسهيلات التي تقدمها الدولة للسائقين الملتزمين، حيث تمنحهم فرصة لتقليل عدد النقاط المرورية المتراكمة على سجلاتهم كجزء من الجهود المستمرة لتحفيز القيادة الآمنة. يعتبر هذا الإجراء مثالًا على النهج الاستباقي الذي تتبعه وزارة الداخلية في تعزيز الامتثال للقوانين المرورية، من خلال مكافأة السائقين الذين يلتزمون بالقوانين ويسهمون في تقليل الحوادث.

ختاماً:

يمثل “يوم بلا حوادث” دعوة مفتوحة لجميع السائقين والمواطنين للمشاركة في تحسين السلامة المرورية في الإمارات. ومن خلال التزامنا جميعًا بالقوانين المرورية، يمكننا جميعًا المساهمة في خلق بيئة أكثر أمانًا للجميع.

مكتب الصفر ومشاركوه للمحاماة والاستشارات القانونية يشجع الجميع على الاستفادة من هذه الحملة والمساهمة في تعزيز السلامة المرورية، ويفتخر بدعم كل الجهود التي تهدف إلى حماية المجتمع وضمان سلامته وفي حال تواجد أي قضية متعلقة بالقوانين المرورية يرجى التواصل معنا عبر المعلومات التالية : +971.4.4221944 – reception@alsafarpartners.com -www.alsafarpartners.com

Written By: 

Ms. Mays Kabbani – Head of Criminal Practice at Al Safar and Partners Law Firm.

The UAE Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) has recently announced a two-month grace period starting September 1, 2024, for residents who are in violation of the residency system. This initiative is a significant step towards assisting individuals in regularizing their residency status or leaving the country without incurring fines.

Details of the Grace Period

From September 1, 2024, to October 31, 2024, individuals who have violated residency regulations are given an opportunity to either regularize their residency status or exit the UAE without facing penalties that would typically apply. This grace period aims to address and resolve the status of many residents who may have overstayed their visas or otherwise fallen out of compliance with UAE residency laws.

Regularization of Status

Residents who wish to stay in the UAE can take advantage of this grace period by regularizing their residency status. This may involve renewing expired visas, adjusting residency permits, or obtaining the necessary approvals to continue residing in the country legally. The ICP has streamlined the process to ensure that applications are handled efficiently, minimizing the administrative burden on applicants.

Exiting the Country

For those who decide to leave the UAE, the grace period provides a penalty-free exit. This means that residents who are currently in violation of their residency status can depart the UAE without paying fines for overstaying. This measure encourages compliance with residency regulations while providing a humane solution for those unable to meet the requirements previously.

Navigating the complexities of residency regulations can be challenging, and individuals may require legal assistance to ensure compliance. Al Safar and Partners is here to provide expert legal advice and support during this grace period. Our experienced team can assist with the following:

Conclusion

The two-month grace period announced by the UAE Federal Authority for Identity, Citizenship, Customs, and Port Security is a valuable opportunity for residents in violation of the residency system to resolve their status without incurring fines. Al Safar and Partners is committed to assisting individuals through this process, ensuring compliance with UAE laws and regulations. For more information or to schedule a consultation, please contact us.

For further information or legal assistance please do not hesitate to contact us on the following number or email address: +97144221944 or reception@alsafarpartners.com  – www.alsafarpartners.com.

Written By:

Ms. Nazeli Sahakyan – Legal Consultant in Criminal Department at Al Safar and Partners Law Firm.

Dubai, a city synonymous with architectural marvels and technological advancements, recently hosted the much-anticipated World Police Summit in 2024. This event has solidified Dubai’s position not only as a global hub for innovation but also as a central player in shaping the future of international policing and security. The summit brought together law enforcement officials, security experts, technology providers, and policymakers from around the globe, fostering a unique environment for collaboration and the exchange of knowledge. Here, we delve into the significant impacts and outcomes of the World Police Summit 2024, highlighting its role in advancing global security networks.

Enhancing International Collaboration

One of the summit’s most significant impacts has been the strengthening of international ties among policing agencies. In an era where security threats are increasingly transnational, the ability for countries to work together seamlessly is more important than ever. The World Police Summit 2024 served as a platform for initiating and deepening such collaborations, with numerous memorandums of understanding and partnership agreements signed during the event.

Advancing Technological Integration in Policing

Technology was at the forefront of discussions during the summit, with a particular emphasis on how artificial intelligence, big data, and cybersecurity can be leveraged to enhance policing efforts. Innovations showcased at the event, including cutting-edge surveillance systems and AI-driven crime prediction tools, highlighted the potential for technology to revolutionize law enforcement practices. Dubai, known for its embrace of futuristic technologies, proved to be the perfect backdrop for these discussions, inspiring attendees to consider new possibilities for integrating technology into their work.

Focusing on Community Policing and Human Rights

A refreshing aspect of the World Police Summit 2024 was its focus on community policing and the importance of human rights in law enforcement. Workshops and keynote speeches emphasized the need for police forces to build trust within their communities as a cornerstone of effective policing. The summit showcased successful community policing models from various countries, providing valuable insights and strategies that attendees could adapt to their own contexts.

Addressing Emerging Security Challenges

The summit also played a crucial role in highlighting and addressing emerging global security challenges, such as cybercrime, terrorism, and the implications of climate change on security. Through expert panels and collaborative sessions, attendees were able to share experiences, strategies, and best practices for tackling these complex issues. The discussions underscored the necessity for a proactive and adaptive approach to security, emphasizing the importance of innovation and agility in law enforcement practices.

Conclusion

The World Police Summit 2024 in Dubai has indelibly marked the global security landscape with its forward-looking discussions, fostering of international collaboration, and emphasis on technological innovation alongside the importance of community policing and human rights. It set a new benchmark for future gatherings, equipping attendees with innovative ideas and stronger partnerships, all aimed at enhancing global security in our interconnected world. The event bolstered Dubai’s reputation as a hub of innovation and security and underscored its dedication to fostering global peace and safety.

We at Al Safar and Partners Law form were present at this pivotal event, the Summit offered unique insights into the evolving challenges and opportunities within international law enforcement and security. Leveraging our firsthand experience and understanding gained from the Summit, we stand ready to support individuals and organizations in navigating the complexities of the legal landscape impacted by these global security initiatives.

For further information or legal assistance please do not hesitate to contact us on the following number or email address: +97144221944 or reception@alsafarpartners.com  – www.alsafarpartners.com.

Written By:

Ms. Nazeli Sahakyan – Legal Consultant in Criminal Department at Al Safar and Partners Law Firm.

Deportation is a legal measure taken against foreigners in some countries, whether for judicial or administrative reasons. The types and reasons for deportation vary according to the applicable laws and regulations. In this article, we will discuss the types of deportation and their reasons according to UAE legislation.

Judicial Deportation:

Judicial deportation is issued based on a judicial verdict against a foreigner who has been sentenced with a penalty that restrict freedom due to committing a felony or misdemeanor. According to Article 121 of the Federal penal Law No. 3 of 1987, a foreigner can be deported if they have been sentenced with a penalty that restrict freedom due to committing a felony or misdemeanor, and the court can also order their deportation in certain other misdemeanors. Judicial deportation is implemented according to the applicable legislation in the country.

Reasons for Judicial Deportation:

Administrative Deportation:

Administrative deportation is issued by the Federal Authority for Identity and Citizenship based on considerations of public security, public interest, and public morals. According to Ministerial Decision No. 360 of 1997 and the Executive Regulation of Federal Law No. 6 of 1973 regarding the entry and residence of foreigners, the Federal Public Prosecutor or the competent authorities have the right to issue administrative deportation orders if it serves the public interest, public security, or public morals. A foreigner who has been administratively deported can submit a request to the Public Prosecution to review the deportation order.

Reasons for Administrative Deportation:

Grace period for Settling the Affairs of the Deported Individual:

In the event that the foreigner has interests in the country after the issuance of the deportation or expulsion order, they are given a grace period to settle those affairs. The duration of this period is determined according to the guidelines of the Federal Authority for Identity and Citizenship, and it shall not exceed three months.

Lists of Prohibited Entry and Exit from the Country

The Blacklist:

According to the Executive Regulation of Federal Law No. 6 of 1973 regarding the entry and residence of foreigners, the blacklist includes the names of individuals prohibited from entering or exiting the country due to their involvement in crimes, their pursuit in civil rights claims, or their threat to public security.

The inclusion and removal of names from the blacklist are based on a letter issued by the competent authorities, for the following categories:

Prohibited from Entry:

Prohibited from Exit:

Removal of Deportation:

An administratively deported foreigner is prohibited from returning to the country based on Article 23 of the legislation. However, the foreigner can submit a request to the Public Prosecution to consider the removal of the deportation order.

Conclusion

UAE law includes various types of deportation, whether judicial or administrative, in order to maintain public security, public interest and morals. Foreigners living in the State must comply with domestic laws and regulations, otherwise they may face deportation procedures provided for in legislation.

In conclusion, foreigners living in the UAE must abide by domestic legislation and comply with regulations and laws related to residence and employment. The judicial and administrative system is obliged to take the necessary measures to maintain public security and the public interest in the State by implementing various types of deportation in accordance with the laws and legislation in force.

For further information or legal assistance please do not hesitate to contact us on he following number or email address: +97144221944 or reception@alsafarpartners.com www.alsafarpartners.com.

Written By:

Ms. Mays Kabbani – Head of Criminal Practice at Al Safar and Partners Law Firm.

Dubai has very well defined traffic rules which have to be strictly adhered to. The traffic police in Dubai is highly efficient and ensures that no rule violated goes unnoticed which in turn keeps the road users on alert in following the traffic rules and therefore ensures the safety for everybody on the road. One of the most common and the most important traffic regulations is the ‘driving license’. As most of the population in the Dubai is made up of expatriates not all hold a Dubai driving license. Also as Dubai is a tourist hub, a lot of the tourists visiting Dubai rent a car to look around the city and explore the United Arab Emirates. The license held by these tourists is not a Dubai Driving License but they are permitted to drive in the country on the basis of the driving license they are issued in their own home country. But this is not for all tourists; only tourists from countries which have an agreement with Dubai to the effect of allowing their driving license are allowed to drive on this basis.

Every person who is a resident of Dubai and wishes to drive here must apply for a driving license as it is prohibited to drive without a license. Any body found to drive without a license is subjected to a hefty fine. It is not only a duty put on one’s self to refrain from driving when not holding a valid driving license but it is also the responsibility of the owner of the vehicle not to allow any body not holding a valid driving license to drive their vehicle. Further it is essential to verify that the vehicle one is about to drive is permitted on the license held by that person. A person holding a license for an automatic LMV cannot drive a heavy vehicle on the basis of that license.

This article discusses the conditions to be fulfilled for application for a driving license in Dubai and the provisions providing for the same are in the Federal Law No. 21 of 1995 Concerning Traffic (hereinafter referred to as ‘the law’).

The law has excluded the people falling under the following classes of people from applying for a Dubai Driving Licenses:

The law provides for certain conditions, to be satisfied by a person who wishes to apply for a driving license in Dubai, which are as listed below:

The number of lessons required is determined by the previous experience the person has with respect to driving. Also an additional number of lessons are to taken if the performance during the test is not satisfactory. Where the applicant is a holder of a valid driving license issued by a foreign country that is excluded by a decision of the Minister of Interior, then pursuant to the conditions determined by such decision, the applicant may be granted the license without the need to pass the required driving test.

On satisfaction of all the above conditions the Licensing authority shall issue a license which is a granted for a period of 10 years out of which the first 6 months is a probation period during which if a lot of road rules are broken then the person’s license is repudiated for a year after which he/she needs to reapply for the same. In case the applicant is between 17 and 21 years of age the license granted is valid only for a year and is to be renewed every year.

The Licensing authority may ask for a physical fitness examination before renewing the license and may refuse renewal if they find that the person is not fit to drive on the road due to some physical disorder.
A penalty of a maximum imprisonment term of a period of 3 months or/and a fine of a minimum amount of Five Thousand Dirhams (AED 5000) for a person who is driving without a valid driving license or for driving a vehicle not approved by the license held by such a person.

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For legal advice regarding the subject, please call +971 4 4221944, or call 800-LAWYER (529937).

Dubai being an Islamic State does not support the consumption of liquor but as the economy of this State is heavily dependent on tourism, it cannot apply a complete ban on the sale, purchase or consumption of alcohol. Dubai unlike Sharjah is not a dry State but it has regulated the consumption and the transactions that take place for alcohol. Out of the few taxes that are imposed by this Emirate, one is imposed on Alcohol. Since the year of 1965, Dubai levies 30% tax on alcohol.

Import, export, manufacture, purchase, consumption or sale of liquor to third parties is all regulated by the Liquor Control Law of 1972 (hereinafter known as ‘the law’). This law requires a license to be obtained before indulging in any of the activities mentioned hereinabove in regards to liquor. The law provides for a license to be obtained from the Emirates Police Headquarters which is designated to be the licensing authority for liquor.

The Licensing Authority may on the basis of an application grant a person a one year renewable license permitting him to:

The law provides for the following fees in respect to application and grant of liquor licenses:

To apply for a license to purchase liquor the following criteria have to be fulfilled:

For application for the license to purchase liquor the following documents need to be submitted to the licensing authority:

The licensing authority while granting the license shall take into consideration the age, income, family status, etc. and in accordance to it provide for a consumption limit on the license. Alcohol purchased is to be limited in accordance to the limit mentioned in the license. Also, a fee which is equal to 20% of the purchase limit is to be deposited with the licensing authority in the form of an administrative charge.

The Licensing Authority may on the basis of an application grant a person an export license for liquor in the Emirate subject to a specific quota restraint for fee mentioned hereinabove.

The licensing authority has the power to impose any conditions or restraints on the license so granted and may also revoke the license if it thinks fit.

No person is allowed to purchase liquor without a license for the same. But as Dubai is a tourist place, it has provided for certain places such hotels, restaurants and bars where alcohol may be purchased and consumed without the possession of a license for the same. But that does not give any person a right to purchase alcohol and consume it in public places or getting drunk and moving around in public places and such activities are strictly prohibited. Drunk driving is not tolerated at all in Dubai and is met with strict measures. The liquor purchase license only entails the following two rights:

Even advertising alcohol in public places or through the means of media is prohibited.

Any breach of the provisions of the law is punishable with an imprisonment term of not more than 6 months or a fine of not more than 5,000 Riyals or both. The Court may in such circumstances also order the confiscation of the liquor and any tools and devices used to commit the crime.

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For legal advice regarding the subject, please call +971 4 4221944, or call 800-LAWYER (529937).

Walking on UAE roads? Beware! Road accidents in the UAE have been on the rise and government has not been able to reduce the number even after all the sanctions and fines that have been attached to rash and negligent driving. News reports reveal the increasing number of road accidents where it has been highlighted that the first quarter of 2013 has seen a glaring rise to 48 road accidents compared to the 27 road accidents that took place in the corresponding period of last year. Not only have the number of accidents increased, even the number of accidents causing serious injuries and deaths has increased this year in comparison to last year.

With the rise in the accidents, the number of Hit and Run cases are also on a rise. Daily the newspapers give us a new story about such cases. one published a case concerns a person who was arrested after he submitted himself to the police for committing a Hit and Run a week earlier in which a 5 year old girl lost her life while playing outside her house. Hit and Run are cases where a person after committing the road accident by hitting someone with his vehicle flees from the scene in order to escape liability for his actions. Hit and Run is considered to be a serious crime as not only does the person committing such crime try to escape his liability but also he leaves the person injured there unattended which may at times aggravate the injury or even lead to the death of the person and therefore the Law has provided for sanctions against such acts.

The Federal Law No. 21 of 1995 (hereinafter referred to as ‘the law’) concerns the regulation of traffic in the United Arab Emirates. The law provides for various rules and regulations that one need to follow while driving a vehicle. Some of the rules that are essential to avoid injuring pedestrians are as follows:

The law also provides rules that a person must follow while driving for his own safety and the safety of other people on the road. But the following regulations that are to be abided by in case of an accident where an injury is sustained to either a human or an animal.

In case the person involved in the accident doesn’t abide by the above rules, it shall be considered to be a Hit and Run case. The Police officers in such cases have the power to arrest such persons. The law empowers the police to arrest a person in the following cases:

Apart from the arrest, sanctions are also provided for the above enlisted offences. The sanction provided for Hit and Run cases is that of a term of imprisonment according to the discretion of the court and a minimum amount of twenty five thousand dirhams (AED 25,000) as fine.

A similar penalty is also sanctioned in cases where the vehicle driver is driving or attempting to drive the vehicle on the road while under the effect of alcoholic drinks, drugs or any other anesthetic substances.

Further a penalty of imprisonment for a period not in excess of three months and to a fine of a minimum amount of five hundred Dirhams (AED 500) or either of the two is sanctioned in case the vehicle driver fails to provide necessary documents and information required by the attending police officer on the commission of any offence such as Hit and Run or Drunk Driving by the said person.

Apart from the above mentioned penalties prescribed by the law, the court is also empowered by the law to take the following measures against the offender in case any of the above discussed offences are proved against him:

Whoever is so deprived from the right to obtain a driving license may submit before the same court that condemned him an application for abrogating such deprivation after the lapse of six months from the date of the condemnation. Any license obtained during the period of deprivation is considered to be null and void and the person driving on the basis of such license will be deemed to be driving without a license and shall be sentenced to imprisonment and with a fine of a minimum amount of five thousand dirhams (AED 5000).

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For legal advice regarding the subject, please call +971 4 4221944, or call 800-LAWYER (529937).