GEN 3.4.1

(1) A Person shall not, subject to (2) and (3), make a Financial Promotion in or from the DIFC unless that Person is an Authorised Person.
(2) A Representative Office may make a Financial Promotion in or from the DIFC only in relation to a financial service or financial product offered:
(a) in a jurisdiction other than the DIFC; and
(b) by a related party (as defined in GEN Rule 2.26.1(3)) of the Representative Office.
(3) A Person other than an Authorised Person may make a Financial Promotion in or from the DIFC if, and only to the extent that, the Person:
(a) is licensed and supervised by a Financial Services Regulator in the UAE;
(b) is a Recognised Body or External Fund Manager;
(c) is a Reporting Entity and makes a Financial Promotion in or from the DIFC exclusively for the purpose of discharging its mandatory disclosure requirements; or
(d) makes an exempt Financial Promotion as specified in (4).
(4) For the purposes of (3)(d), a communication is an "exempt Financial Promotion" if it is:
(a) approved by an Authorised Firmother than a Representative Office;
(b) approved by a Representative Office and it is a communication relating to a financial service or financial product offered by a related party (as defined in GEN Rule 2.26.1(3)) of the Representative Office;
(c) directed at and capable of acceptance exclusively by a Person who appears on reasonable grounds to be a Professional Client of the type specified in COB Rule 2.3.4;
(d) made to a Person in the DIFC (the "recipient") as a result of an unsolicited request by the recipient to receive the Financial Promotion;
(e) made or issued by or on behalf of a government or noncommercial government entity; or
(f) made in the DIFC by a Person in the course of providing legal or accountancy services and may reasonably be regarded as incidental to and a necessary part of the provision of such services.
Added in accordance with Notice of Amendments to Legislation April 2011 [VER27/02-11]
[Amended] DFSA RM95/2012 (Made 14th June 2012). [VER29/06-12]
[Amended] DFSA RM155/2015 (Made 9th December 2015) [VER35/02-16]
[Amended] DFSA RM184/2016 (Made 7th December 2016). [VER38/02-17]