UAE President issues Federal Decree-Law establishing UAE Accountability Authority

 President His Highness Sheikh Mohamed bin Zayed Al Nahyan has issued Federal Decree-Legislation No. (56) of 2023 on establishing the UAE Accountability Authority.

The brand new Authority will substitute the Supreme Audit Establishment, and can report on to His Highness the President.

Aiming at sustaining and enhancing the integrity of public funds, the brand new Authority would be the supreme authority for monetary management, auditing, integrity and transparency within the nation.

The issued Federal Decree-Legislation regulates the UAE Accountability Authority’s features and its multifaceted contribution, together with different specialised authorities, in preserving public funds by means of supervising monetary, accounting, and operational actions in entities topic to its oversight, with the intention to fight monetary and administrative corruption; and to strengthen its danger administration techniques, optimise its detection, restrict its causes and maintain perpetrators accountable.

In response to the Decree, the Authority goals to boost instilling integrity, accountability, transparency and good governance within the Federal Authorities and the entities topic to the Authority, to bolster the nation’s status and the belief in its monetary and financial system.

The Authority’s features embody reviewing and auditing the Consolidated Annual Report of the federal authorities and expressing opinion on it, in addition to auditing separate and mixed annual monetary statements within the entities topic to the management of the Authority, contemplating the legal guidelines and rules that set up these entities.

Obligations additionally embody assessing the effectivity and effectiveness of inside management techniques for monetary and operational operations, in addition to setting the supreme insurance policies on integrity and combating monetary and administrative corruption, following their approval by the UAE President. Along with making certain the effectiveness, and financial effectivity of the monetary and operational actions of the federal government entities and their adherence to legal guidelines, laws, rules, insurance policies, selections and good governance rule.

In response to the Decree, the heads of entities topic to oversight and the related ministers should implement the findings of the supervision carried out by the Authority. It requires them to supply responses to the Authority inside a interval not exceeding (30) days from the date of their notification, extendable underneath specified situations.

In response to the Decree, the Authority shall be reviewing and endeavor administrative investigation into complaints and experiences relating to any misappropriation of funds and property belonging to the regulated entities, conflicts of curiosity, misuse of authority, disclosure of official information and knowledge, or exploitation of public workplace for private acquire or profit to 3rd events.

The features of the Authority contain implementing preventive measures, controls for administrative investigations, monetary disclosures, figuring out robust mechanisms to guard whistleblowers and witnesses, in addition to initiatives to get well public funds and to comprehensively outline the monetary and administrative violations, together with selections associated to taking actions or abstaining from them, or making statements that will immediately or not directly have an effect on the status of the nation and its monetary and financial pursuits.

With a view to guarantee correct accounting and governance practices, the Authority is authorised to audit, study, and evaluate any paperwork, information, data, experiences, or digital information, or any digital techniques of the topic entities. Additionally it is authorised to entry the exterior audit experiences; along with accessing entities’ digital techniques and programmes to evaluate the safety of their official information and knowledge, in addition to entities and people working with them, in coordination with the related authorities.

The Decree additionally outlines the procedures for conducting an administrative investigation, by which the Authority informs the entity topic to its supervision or the competent authority, to impose a disciplinary penalty on the violating worker. The hassle ought to result in recovering public funds unlawfully obtained by the violator, who needs to be compensating for the damages precipitated. Selections on measures imposed by the entity needs to be submitted to the Authority inside 15 days from the date of notification. The procedures additionally embody the Authority’s referral of administrative investigation paperwork to the competent prosecution, ought to the investigation reveal a suspicion of a prison offense. The anti-corruption procedures regulation consists of the provisions and controls for conducting an administrative investigation.

The Federal Decree-Legislation authorises the availability of an incentive, whether or not ethical or monetary, to any particular person who gives substantial data resulting in uncovering a monetary and administrative corruption offense. The Decree establishes the procedures for granting exemption from prescribed penalties for people who, as collaborators or companions, report their involvement in monetary and administrative corruption previous to disclosure.

The Decree authorises preserving the executive investigation upon reaching a settlement ensuing within the restoration of public funds, and the availability of knowledge of public curiosity.

The Decree delineates the entities falling underneath the purview of the Authority, offering complete definitions of their roles and obligations. It additionally specifies the features of the supervisory authority’s personnel, shoppers, and auditors.

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