RPP 6-3 RPP 6-3 What are the DFSA's Decision Making Procedures?
Subject to the considerations of procedural fairness, the decision making procedures of the DFSA will generally take into account matters including:(a) the requirements set out in the relevant Law and Rules;(b) the nature of the decision, including its complexity, importance and urgency; and(c) the extent and manner in which the rights, interests and legitimate expectations of
Personsmay be affected by the decision.
In regard to 6.3.1(b), the DFSA has appropriate procedures for making Executive Decisions (see section 6-4) and Decision Maker Decisions (see section 6-5).
Generally, decisions of the DFSA which affect the rights of a
Personare appealable to the DFSA's Regulatory Appeals Committee. The Regulatory Appeals Committeeis a committee of the DFSA Boardwhich will conduct a full merits review of certain decisions made by the DFSA. In doing so, it looks at the facts afresh, and can make a new decision ensuring procedural fairness, objectivity and transparency in arriving at its decision. A decision of the Regulatory Appeals Committeemay be reviewed by the DIFC Courtby way of judicial review on a point of law. For more information on the Regulatory Appeals Committee, including its rules and procedures, please see the DFSA's website (www.dfsa.ae).
Based on the above considerations, the DFSA has prepared a list containing the most common types of decisions it may take and the types of procedures followed in making such decisions (see Appendix 1 to this chapter). This list also sets out whether a
Personhas a right of appeal to the Regulatory Appeals Committeein respect of a particular decision. However, it is not an exhaustive list.