(1) A Person does not carry on an activity specified in paragraphs (aa) or (bb) of GEN Rule 2.2.2 by way of business to the extent that the Person operates or acts as the administrator of a Non-DIFC Scheme to which (2) or (3) applies.
(2) This sub-rule applies to a Non-DIFC Scheme if:
(a) a DIFC employer is participating in the Scheme as a result of a statutory duty in another country to provide an end-of-service benefit in respect of an employee; and
(b) an Exemption Certificate is in force in respect of the Scheme under the Employment Regulations.
(3) This sub-rule applies to a Non-DIFC Scheme if:
(a) it is available exclusively to some or all of the employees of a Group to which a DIFC employer belongs;
(b) it is available to employees of the Group in at least one other country (in addition to the UAE);
(c) it requires contributions for employees that exceed the Core Benefits required to be paid by the DIFC Employer under the Employment Law; and
(d) an Exemption Certificate is in force in respect of the Scheme under the Employment Regulations.
(4) In this Rule, “Exemption Certificate” has the meaning given in the Employment Regulations.
Derived from DFSA RMI301/2021 (Made 30th June 2021). [VER52/09-21]