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  • Chapter Five: Central Bank Operations

    • Section One: Operations with the Public Sector

      • Article (38): Advisor to the Government

        The Central Bank shall advise the Government on matters falling within its jurisdiction, and shall provide its opinion on monetary, banking, and financial affairs as requested by the Government.

      • Article (39): Financial Agent for the Government

        1) The Central Bank shall participate in negotiations relating to the Government’s international monetary and financial agreements, and it may be assigned implementation of provisions of such agreements.

        2) The Central Bank may, directly or through Primary Dealers, sell and manage securities issued or secured by the Government or governments of emirates members of the Union, in accordance with an agreement with the concerned government.

      • Article (40): Bank for the Government

        1) For the purposes of achieving objectives of its monetary policy, and in order to provide the Government and governments of emirates members of the Union with their needs for national Currency and/or foreign currencies, the Central Bank shall buy or sell foreign currencies to the concerned government, at prevailing exchange rates.

        2) The Central Bank shall conduct banking operations and services for the Government, whether in the State or in other jurisdictions, against fees. The Central Bank may also perform banking operations and services for governments of member emirates of the Union, against fees.

        3) The Government and governments of emirates members of the Union, shall open accounts in national Currency and foreign currencies with the Central Bank, and conduct transfers through such accounts.

        4) Government funds in national Currency or foreign currencies shall be deposited with the Central Bank, and the latter shall pay or charge interest thereon in view of the prevailing market rates. Governments of emirates members of the Union may also deposit funds in national Currency or foreign currencies with the Central Bank, on which the latter shall pay or charge interest thereon in view of the prevailing market rates.

        5) Public Sector entities, other than the Government, and governments of emirates members of the Union, may deposit their funds in national Currency or foreign currencies with the Central Bank. The Central Bank shall pay or charge interest thereon as determined by the Central Bank.

        6) The Central Bank may grant advances or other credit facilities to the Government, at interest rates set in accordance with the terms and conditions of the agreement signed between the Central Bank and the Ministry in this regard, provided such advances and credit facilities are for the purpose of covering a temporary, unforeseen deficit in Government revenues, compared to its expenses. The Government may not relend or grant such advances to any other party. Granted advances shall at no time exceed ten percent (10%) of the government’s average revenues realized in the budgets of the last three (3) years. The Government shall repay these advances within a period not exceeding one (1) year from date of granting thereof. In case advances were not repaid at the specified date, the outstanding balance should be subject to an interest charge, as specified in the agreement signed between the Central Bank and the Ministry.

        7) The Central Bank may subscribe to securities and debt instruments issued by the Government for maturities exceeding one (1) year, only in cases designated by the Board of Directors. The Government shall repay the amounts due, including interest, on maturity dates. In case of late or early payment an interest charge shall be imposed, as specified in the debt agreement.

      • Article (41): Investment and Deployment of Government Funds

        Apart from the funds deposited with the Central Bank in accordance with the provisions of Article (40) of this Decretal Law, the Central Bank may not interfere in the investment and deployment of Government funds or funds of governments of emirates, members of Union, unless it has been assigned to do so per the agreement concluded between the concerned government and the Central Bank.

    • Section Two: Operations with Financial Institutions, Monetary Authorities, and other Central Banks

      • Article (42): Opening of Accounts and Maintaining Financial Balances in Digital Currency

        First: The Central Bank may open the following accounts:

        1) Currency or foreign currencies accounts for Licensed Financial Institutions, and accept deposits from them. The Central Bank shall pay or charge agreed interest on such deposits.

        2) Accounts for monetary authorities, other Central Banks, foreign banks, international financial and monetary institutions, as well as Arab and international monetary funds. The Central Bank may pay or charge interest on such accounts, and act as agent or correspondent for these parties.

        3) Accounts with monetary authorities, other Central Banks, foreign banks, international financial and monetary institutions, as well as Arab and international monetary funds.

        4) The Central Bank may open any other accounts within the limits and in accordance with the rules and regulations issued by the Board of Directors.

        Second: The Central Bank may maintain other forms of digital currency financial balances, whatever their type, within the limits and in accordance with the rules and regulations issued by the Board of Directors.

        This article has been amended by Decretal Federal Law No. (54) of 2023. You are viewing the latest version. To view the previous version, click the version box below.
        Version 1(effective from 31/10/2018 to 01/11/2023)

         

        1) The Central Bank may open the following accounts:

            a. National Currency or foreign currencies accounts for Licensed Financial Institutions, and accept deposits from them. The Central Bank shall pay or charge agreed interest on such deposits.

            b. Accounts for monetary authorities, other Central Banks, foreign banks, international financial and monetary institutions, as well as Arab and international monetary funds. The Central Bank may pay or charge interest on such accounts, and act as agent or correspondent for these parties.

        2) The Central Bank may open accounts with monetary authorities, Central Banks, foreign banks or international financial and monetary institutions, as well as Arab and international monetary funds

         

      • Article (43): Money and Capital Markets Operations

        The Central Bank may conduct the following money and capital markets operations:

        1) Purchase, re-purchase, sell, and accept and place deposits of gold bullion or coins and precious metals.

        2) Accept and place monetary deposits and pay or charge interest thereon, subject to the provisions of Article (62) of this Decretal Law.

        3) Issue bills payable upon demand and other types of payable financial transfers, at its head office, branches, and offices of its agents or correspondents.

        4) Conduct all foreign currency operations and external transfer operations with the Government, governments of emirates members of the Union, public entities, local and foreign banks, licensed Exchange Establishments, other monetary authorities and Central Banks, and other Arab and international financial institutions and funds.

        5) Issue securities in the name of the Central Bank, and sell and re- purchase, discount and rediscount, redeem such securities for the purposes of managing monetary policy operations.

        6) Purchase, re-purchase, sell, discount and rediscount Eligible Securities and other securities related to the management of its Own Funds and/ or Foreign Reserves as per established terms and conditions.

        7) Purchase, re-purchase, and sell Shari’ah-compliant commodities and securities, in order to develop liquidity management instruments for Licensed Financial Institutions, which carry on the whole or part of their business and activities in compliance with the provisions of Islamic Shari’ah.

        8) Grant collateralized loans, advances, other credit facilities, and Shari’ah- compliant funding facilities to Licensed Financial Institutions, for the purpose of managing monetary policy operations, in accordance with the terms and conditions the Central Bank deems appropriate and determines from time to time.

        9) Grant collateralized loans and advances to monetary authorities, Central Banks, foreign banks, and international financial institutions, and obtain loans and advances therefrom, provided there is consistency of such operations with the Central Bank’s functions and jurisdictions. Interest or commission may be paid or charged for this purpose.

        10) Obtain, guarantee or secure loans and advances or issue credit, in any currency inside the State or in other jurisdictions, in accordance with the terms and conditions the Central Bank deems appropriate for the purpose of conducting its own business.

        11) Conduct all other operations deemed conducive to the achievement of Central Bank’s objectives.

      • Article (44): Protection of Licensed Financial Institutions

        1) The Central Bank shall take all measures it deems appropriate to maintain conduct of operations of deposit-taking Licensed Financial Institutions, within the frameworks and limits set by the Board of Directors.

        1. For this purpose, the Central Bank shall:
        2. a) Request to hold a meeting of the general assembly of the licensed financial institution to discuss any issue the Central Bank deems important.
        3. b) Request to include any item that the Central Bank deems necessary into the agenda of the general assembly meeting of the licensed financial institution.
        4. c) Suspending the implementation of any decision issued by the general assembly of the licensed financial institution in the event that it violates the laws or regulations in force.

        2) The Central Bank, according to its own discretion, in cases of necessity during which the deposit-taking licensed financial institution is exposed to liquidity pressures or is subject to crisis management procedures, may provide loans to that establishment, in order to contribute to strengthening and protecting the stability of the financial system and protecting the monetary system in the state.

        This article has been amended by Decretal Federal Law No. (09) of 2021. You are viewing the latest version. To view the previous version, click the version box below.
        Version 1(effective from 31/10/2018 to 26/07/2021)

         

        The Central Bank shall take all necessary measures to ensure proper and effective conduct of operations of deposit-taking Licensed Financial Institutions, within the frameworks and limits set by the Board of Directors.

         

      • Article (45): Appointment of Primary Dealers

        1) The Central Bank shall set-up rules to regulate securities issued by the Central Bank or the Government in coordination with the various stakeholders. Such rules shall include all aspects of these securities issuance, custody, trading in the State.

        2) The Central Bank may appoint Primary Dealers for securities issued inside the State by the Central Bank or the Public Sector, in accordance with the terms and conditions set by the Central Bank.

        3) For the purpose of listing securities issued by the Public Sector in the State’s financial markets, the Central Bank shall appoint Primary Dealers it approves who comply with the requirements of the concerned regulator.

    • Section Three: Investment of Central Bank’s Foreign Reserves and Own Funds

      • Article (46): Foreign Reserves

        The Central Bank may, in accordance with the instructions and rules stipulated in the investment policy and guidelines approved by the Board of Directors, invest its Foreign Reserves in all or any of the following instruments:

        1) Gold bullions, gold coins and other precious metals.

        2) Currency notes and coins, call money, and placements in foreign countries.

        3) Securities issued or secured by governments of foreign countries and related entities, or by international monetary and financial institutions.

        4) Derivatives and other financial instruments required for the management of Central Bank’s exposure to interest rates, currencies, credit, gold, and other precious metals.

        5) Any other financial assets the Central Bank deems appropriate for investment as foreign assets, subject to approval of the Board of Directors.

      • Article (47): Own Funds

        The Central Bank may, in accordance with the investment policy and guidelines set by the Board of Directors, deploy or invest part of its Own Funds in the following:

        1) Purchase and sell securities, and subscribe to loans issued or guaranteed by the Public Sector, or buy shares in any entity wherein the Government or governments of emirates members of the Union hold shares, or is granted a concession in the State.

        2) Invest in projects, investment funds and financial institutions not licensed by the Central Bank.

        3) Acquire real estate, equity and movable properties and all related matters.

      • Article (48): Appointment of External Parties to Manage Foreign Reserves and Own Funds

        The Central Bank may appoint external parties to manage its Foreign Reserves and Own Funds, in accordance with the investment policy and guidelines set by the Board of Directors.