Abu Dhabi Official Gazette - 2020 Edition 9
This provision reorganizes Abu Dhabi Accountability Authority and gives it powers to audit, investigate, and oversee controlled entities, while imposing confidentiality, disclosure, and conduct rules on its staff.
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This provision reorganizes Abu Dhabi Accountability Authority and gives it powers to audit, investigate, and oversee controlled entities, while imposing confidentiality, disclosure, and conduct rules on its staff. The provision sets anti-corruption reporting duties, allows some rewards, settlements and penalty mitigation, and imposes fines and imprisonment for obstructive conduct.
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Abu Dhabi Official Gazette - 2020 Edition 9 — segment 1
This provision reorganizes Abu Dhabi Accountability Authority and gives it powers to audit, investigate, and oversee controlled entities, while imposing confidentiality, disclosure, and conduct rules on its staff.
The Official Gazette 30 September 2020 - The Ninth Edition The Official Gazette The ninth Edition - The Forty Ninth Year Contents Pages Laws Law No. (19) of 2020 Concerning the Reorganisation of Abu Dhabi Accountability Authority. 5 Executive Council Resolutions Executive Council Resolution No. (134) of 2020 Concerning the Transfer of Affiliation of the Statistics Centre − Abu Dhabi. 41 Executive Council Resolution No. (135) of 2020 Concerning the Transfer of Some Competencies of Abu Dhabi Agriculture and Food Safety Authority to Abu Dhabi Developmental Holding Company PJSC. 42 Executive Council Resolution No. (141) of 2020 Concerning the Exempt of the Children of Workers in the First Line of Defence in the Health Sector from Tuition Fees. 44 Executive Council Resolution No. (144) of 2020 Concerning Subsidizing the Taxi Transport Sector in the Emirate of Abu Dhabi. 45 Executive Council Resolution No. (145) of 2020 Concerning the Emirates Nuclear Energy Corporation. 46 Executive Council Resolution No. (146) of 2020 Concerning the Appointment of the Director-General of Abu Dhabi Centre for Sheltering & Humanitarian Care (EWAA). 47 Executive Council Resolution No. (149) of 2020 Concerning the Replacement of a Member of the Board of Directors of the Environment Agency - Abu Dhabi. 48 Executive Council Resolution No. (150) of 2020 Concerning the Appointment of the Director-General of Abu Dhabi Civil Defence Authority. 49 1 Laws 3 swaL Law No. (19) of 2020 Concerning the Reorganisation of Abu Dhabi Accountability Authority We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law no. (2) of 1971 concerning the National Advisory Council, and its amendments; • Law no. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi, and its amendments; • Law no. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi, and its amendments; • Law no. (14) of 2008 concerning Abu Dhabi Accountability Authority; • Law no. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law no. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi; • Law no. (16) of 2019 concerning the establishment of Abu Dhabi Digital Authority; • Law no. (18) of 2019 concerning Abu Dhabi Executive Office; • Law no. (4) of 2020 concerning the establishment of the Department of Government Support; • Penal Law issued by Federal Law no. (3) of 1987, and its amendments; • Criminal Procedures Law issued by Federal Law no. (35) of 1992, and its amendments; • Federal Law no. (12) of 2014 concerning the Regulation of the Audit Profession, and its amendments; • Federal Law no. (2) of 2015 concerning the Commercial Companies, and its amendments; and • Based on what was presented to and approved by the Executive Council: Issued the following Law: 5 Section 1 Preamble Definitions Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Ruler : The Ruler of Abu Dhabi. Crown Prince : The Crown Prince of Abu Dhabi. Government : The Government of Abu Dhabi. Authority : Abu Dhabi Accountability Authority. Competent : All security, police, supervisory, judicial and sovereign Authorities committees and entities and other entities, each within their own competencies affiliated to the Government of the Emirate or the Government of the State. Controlled Entities : Any entities which are subject to the control of the Authority in accordance with the provisions of this Law. Chairman of the : The Chairman of Abu Dhabi Accountability Authority. Authority Vice-Chairman : The Vice-Chairman of Abu Dhabi Accountability Authority. The Chairman of the : A By law issued by the Crown Prince specifying the duties Authority’s Affairs By of the Chairman of the Authority, the acts prohibited laws therefor, the mechanism of his accountability, his annual remuneration and his leaves, and any allowances or bonuses or any other organisational matters. Directors General : The Directors General at the Authority. 6 Executive : The Undersecretaries, Directors General, and Executive Management Directors at the Controlled Entities and the like, regardless of their appointment mechanism. Senior Government : : The chairmen of Government departments, members Employees of the committees affiliated to the Executive Council, and the like. Officials of the : a. Officials and employees of the Executive Management, Controlled Entities: and b. Chairmen and members of the Board of Trustees and Board of Directors, governance officials, members of executive departments and the like at the Controlled Entities and the Government companies and its subsidiaries and subject to the control of the Authority according to the provisions of this Law. Regardless of their appointment mechanism. Employee : The person who is appointed at the Controlled Entity by a decision of the competent authority. Public Office : Any federal or local position whether legislative, executive, supervisory or administrative, including the performance of the duties of the public authority at the ministries and governmental departments, or assigned by any public authority to carry out a particular task, or any chairmanship or membership of Board of Directors and executive departments at the entities, public institutions and companies which are totally or partially owned by federal or local governments. Human Resources : The regulations of human resources for the employees Regulations of the Authority; it covers the appointment of the employees of the Authority, their ranks, salaries, allowances and rewards, as well the assessment of their performance, promotion, obligations, acts prohibited therefor, mechanism of holding them accountable, termination of their service, and any other relevant controls. 7 Private Function : Financial, commercial or professional activities, or membership of Board of Directors, or working at third parties with or without remuneration, or ownership of sole proprietorships, shares or equities in companies – excluding public joint-stock companies, and other activities determined in the Human Affairs Regulations for the Employees of the Authority. Control : Work related to auditing, review, examination, assessment, inspection, investigation and analysis of the accounts of Controlled Entities and the Control Systems applied thereto. Control Systems : These include, without limitation, governance and internal control regulations related to the financial, accounting, administrative and operational systems, as well as the information systems at the Controlled Entities. Financial and : Financial and administrative violations in accordance Administrative with the provisions of this Law. Violations Financial and : Any act that is considered as a Financial and Administrative Administrative Violation in accordance with the Corruption provisions of this Law. Financial Statements : The annual financial report that is prepared in accordance with the recognised accounting standards, to describe the performance of an economic unit. Rules of Appointment : Rules of appointment of auditors, and standards for the of Auditors and audit of the Controlled Entities’ financial statements Standards for issued by the Authority, taking into consideration Auditing Financial the legislations of the affiliated companies listed on Statements of the the stock exchange in the State and any affiliated Controlled Entities companies established outside the State, in addition to the requirements of the legislations regulating the financial system of the Government. 8 Regulation of Integrity : A regulation issued by the Chairman of the Authority in and Transparency accordance with the provisions of this Law, including the principles of integrity, transparency, accountability, confidentiality and combating corruption in the Public Office and the awareness among employees and persons dealing with the Controlled Entities. Regulation of : A regulation issued by the Chairman of the Authority Anti-Corruption including all controls and procedures of administrative Procedures investigation, according to the provisions of this Law, and any other relevant rules. Disclosure Regulation : Rules issued by the Authority to regulate the provisions and mechanism of financial disclosures and other disclosures related to the administrative investigation according to the provisions of this Law. Auditor : An auditor who is entrusted to audit the financial statements and prepare and sign the reports on the audit of the financial statements and the relevant reports confirming the effectiveness of the internal control systems, compliance control and service performance statement. Internal Auditor : The employee who is entrusted to supervise the internal audit, and prepare and sign the internal audit reports. Notifier : A natural or legal person cooperating with the Authority or any Controlled Entity or other competent entities, or reporting any matter falling within the competencies of the Authority in accordance with the provisions of this Law. Witness : The person who gives a statement based on a knowledge or a knowledge claim concerning specific facts or data or based on the access to such facts or data, or about carrying out an act or refraining from carrying it out, particularly if such facts or acts or the refraining therefrom has led to any Financial or Administrative Violations stipulated in this Law. 9 General : A general administrative system for the Authority Organisational including technical, supporting and principal sectors, Structure as well as their titles, tasks and responsibilities. It does not include the details of the internal and subsidiary structure of these sectors or their tasks, nor the administrative and operational systems of the approved organisational structure. Section 2 The Authority, its Objectives, and Regulation of its Affairs Chapter 1 Affairs of the Authority Article 2 Introduction of the Authority Abu Dhabi Accountability Authority is a public entity, and it is the supreme authority for financial control, accountability, integrity and transparency in the Emirate. It is a corporate entity having the legal capacity required for the practice of its activities and achievement of its objectives. It shall have a financial and administrative independence, and shall directly report to the Crown Prince. Article 3 Objectives of the Authority The Authority aims at controlling the public funds, and contributing with other relevant entities to protect them by assuming the following: 1. Control the financial and operational activities of the Controlled Entities to ensure their efficiency, and effectiveness, economy, and optimal use of the general resources. 2. Combat financial and administrative corruption and lay down general principles to enhance the management of corruption risks, uncover it, address its causes, and hold perpetrators accountable to protect financial resources and public money. 3. Enhance and strengthen the principles of integrity, transparency, and 10 accountability, as well as the proper management practices in the Government and Controlled Entities in order to promote the reputation of the Emirate and confidence in its financial and economic system. 4. Enhance the quality of auditing provided to the Controlled Entities in the Emirate. Article 4 Headquarters of the Authority The headquarters of the Authority shall be located in Abu Dhabi City, and branches thereof may be established in the Emirate by a decision of the Chairman of the Authority. Article 5 Financial Affairs of the Authority 1. The Authority shall have a separate budget to be approved by the Crown Prince and attached to the general budget of the Emirate, and the Chairman of the Authority shall have all powers and authorities deemed necessary for the management and execution of such budget, and may make any transfer between its titles and clauses according to the regulations as well as financial and administrative regulations approved at the Authority, in order to guarantee the independence of the Authority from the Controlled Entities. 2. The Authority shall apply the governmental accounting principles for the organisation of its accounts and registers. 3. The fiscal year shall start on the first day of January and end on the 31st of December of every year. 4. The Authority shall have one or more certified Auditors, in order to audit its accounts and financial statements. Such auditors shall be appointed by a decision of the Chairman of the Authority based on the Rules of Appointment of Auditors, and shall assume their tasks based on the Standards for Auditing of the Financial Statements of the Controlled Entities, or any other standards deemed appropriate by the Authority. 11 Chapter 2 Formation of the Authority Article 6 Organisational Structure The Chairman of the Authority shall issue the General Organisational Structure of the Authority upon approval thereon by the Crown Prince. Such Organisational Structure shall include a sector for auditing, control and accountability, and a sector for integrity as well as financial and administrative anti-corruption, in addition to a sufficient number of technical sectors and different supporting sectors, in order to implement the powers and competencies of the Authority as stipulated in this Law. All tasks, responsibilities and titles thereof shall be regulated in the Organisational Structure in accordance with the provisions of this Law and legislations issued pursuant thereto. The Chairman of the Authority shall issue and amend the internal structure of the sectors and their tasks, as well as the administrative and operational systems of the approved Organisational Structure, in order to achieve the objectives of the Authority, without prejudice to the general framework of the approved General Organisational Structure. Chapter 3 Chairman, Vice-Chairman, Directors General , and Employees of the Authority Article 7 Chairman of the Authority and the Assistants Thereof 1. The Authority shall have a National Chairman, to be appointed by an Amiri Decree based upon the proposal of the Crown Prince, and shall be at the rank of Chairman of Department. 2. The Chairman of the Authority may have one or more National deputies, to be appointed by an Amiri Decree, based upon the proposal of the Crown Prince, and shall be at the rank of an Undersecretary of a Department and may be entrusted with some competencies of the Chairman. 3. The main sectors of the Authority shall have National Directors General and they shall be appointed by a Crown Prince resolution based on the proposal of the Chairman of the Authority. 12 4. The Chairman’s Affairs By Laws shall organise the administrative and regulatory matters related to the position of Chairman of the Authority. Article 8 Tasks of the Chairman of the Authority The Chairman of the Authority shall assume the tasks determined thereto in accordance with the provisions of this Law, particularly the following: 1. Prepare the annual budget of the Authority, submit it to the Crown Prince for approval, and supervise its implementation. 2. Approve the annual strategy and plan and supervise their implementation. 3. Provide the Crown Prince with the Authority’s report on the audit of the annual reports of the financial statements of the Government. 4. Submit an annual report about the activities of the Authority and other reports, as required, to the Crown Prince. 5. Conduct administrative investigation with the Senior Employees of the Government and Officials of the Controlled Entities should they violate the provisions of this Law. 6. Issue the internal financial and administrative rules and regulations governing the activities of the Authority and the affairs of its employees. 7. Issue the resolutions required for the regulations, standards, rules and methodologies related to the exercise of the competencies of the Authority. 8. Approve the financial statements of the Authority. 9. Appoint an auditor for the Authority. 10. Represent the Authority before Courts and third parties, or delegate or assign someone for this purpose. 11. Any other tasks assigned thereto by the Crown Prince. Article 9 Legal Oath 1. Before assuming the tasks of his position, the Chairman of the Authority shall take the following legal oath before the Ruler: “I swear to God Almighty, to be loyal to the Ruler and the State, and to respect the Constitution and the Laws, and to carry out my duties with 13 integrity and honesty, and to look out for the interests of the people, and to fully preserve the entity of the Country and its funds, and to maintain the confidentiality of all information, as God is my witness”. 2. The remaining employees of the Authority, including the Vice-Chairman and the Directors General, shall take the legal oath before the Chairman of the Authority by making the statement mentioned in the previous Article. Article 10 Employees of the Authority 1. The Authority shall consist of a sufficient number of employees with experience, skills and educational qualifications enabling them to perform their job optimally. 2. The Regulation of Human Resources shall regulate the appointment of the employees of the Authority, and shall determine their ranks, salaries, allowances, and rewards, and shall evaluate their performance, promotions, obligations, acts prohibited for them, the mechanism of holding them accountable and termination of their services, as well as other relevant provisions related to the conditions of their service at the Authority. 3. No employee may combine between his position and another position; all employees are prohibited from assuming a Private Function unless according to the controls stipulated in the Regulation of Human Resources for the employees of the Authority. 4. No employee at the Authority may work at any Controlled Entity that was subject to his duties or competencies of the Authority during the period of his work at the Authority, unless after the lapse of not less than two years from the date of termination of his services at the Authority or upon the approval of the Chairman of the Authority, without prejudice to the relevant legislations. 5. The employees of the Authority shall not be subject, while assuming their tasks by virtue of the provisions of this Law, to the control of any Controlled Entity or any other entity. No Controlled Entity or public entity or any other entity or person may summon any of the employees of the Authority concerning any of its activities, without the approval of the Chairman of the Authority. 14 Article 11 Independence and Objectivity 1. The Chairman and Vice-Chairman of the Authority, as well as the Directors General and employees, shall be independent and shall be objective while carrying out their tasks in implementation of any competencies of the Authority as per the controls indicated in this Article and Article (10) of this Law, as the case may be. 2. The Chairman of the Authority may not combine between his position and any other Public or Private Function, unless by approval of the Crown Prince, and shall be prohibited from practicing financial, commercial or professional activities and from being a member of any Board of Director or any committee reporting to the Government or Controlled Entities, unless according to the controls stipulated in the the Chairman of the Authority’s Affairs By Laws. 3. The Vice-Chairman or the Directors General may not combine between their positions and any other Public or Private Function, and shall be prohibited from practising financial, commercial or professional activities and from being members of Board of Directors or any committees reporting to the Government or Controlled Entities, unless according to the controls stipulated in the internal regulations of the Authority. 4. Excluding the requirements of the affiliation of the Authority prescribed in Article (2) of this Law, the Authority or the Chairman, Vice-Chairman or the Directors General thereof, shall not be subject, while assuming their competencies and powers stipulated in this Law, to the organisation, supervision or control of any other Controlled Entity or any other entity. Article 12 Controls of the Work at the Authority 1. All documents, resolutions, data, information, reports, papers, registers, plans, printed or electronic graphics accessed by any employee or a person assigned to carry out any activities at the Authority, shall remain confidential. They shall not disclose or show them nor allow others to access them, whether during their service at the Authority or upon termination of their service or assignment, unless by a written approval of 15 the Chairman of the Authority. 2. Without prejudice to any more severe penalty provided for by any other Law, every employee at the Authority or any person who is assigned to carry out any activity at the Authority, in case of violating Clause (1) of this Article shall be sentenced to prison for a duration of not less than a year and not more than five years, and to a fine of not less than (200,000) two hundred thousand Dirhams and not more than (2,000,000) two million Dirhams, or any of these penalties. Article 13 Implementation of the Recommendations of the Authority The Controlled Entities shall implement the resolutions and recommendations issued by the Authority concerning the results of the works during the period decided by the Authority in consultation with the concerned Controlled Entity if deemed appropriate thereby, or any extension of such period. The Chairman of the Authority may submit a report to the Crown Prince about any Controlled Entity that does not abide by such recommendations. Section 3 Competencies and Powers of the Authority Chapter 1 Competencies Article 14 Competencies of the Authority The Authority shall be in charge of the supervision of the public funds and shall contribute to the protection thereof according to the provisions of this Law through the exercise of the following competencies: 1. Audit the annual financial statements of the Government and express opinion thereon, and issue a report including the results of the audit works. 2. Audit the separate and combined annual financial statements at the Controlled Entities, taking into consideration the establishment laws 16 and regulations of the Controlled Entities, as deemed appropriate by the Authority. 3. Examine the separate and combined annual financial statements of the Controlled Entities whose laws require the audit of their financial statements by an auditor, and examine the work papers and auditors’ reports to ensure that the financial statements fairly reflect the situation and financial performance of the Entity, as well as the quality of the audit performed thereby according to the approved auditing standards, rules and other controls determined by the Authority as deemed appropriate thereby, and submit the relevant reports. 4. Examine the efficiency and effectiveness of the internal audit systems, as well as the operational and financial operations and data, in addition to the IT and communication systems at the Controlled Entities. 5. Verify the abidance of the Controlled Entities by the legislations, regulations, policies, resolutions and rules of governance. 6. Review the performance and risks of the Controlled Entities, and examine the efficiency, effectiveness and economy of the financial and operational activities thereof. 7. Consider the complaints and violations subject to administrative inspection by the Controlled Entities, according to the competencies of the Authority. 8. Provide advice and submit recommendations and carry out any procedures or other services to the Controlled Entities, as deemed appropriate by the Chairman, in accordance with the provisions of this Law. 9. Train and qualify the Nationals working in the sectors related to the competencies of the Authority, and the persons graduating from universities and institutes in said sectors. 10. Enhance and spread integrity, transparency, accountability, and honesty in Public Office, for the Controlled Entities and the public, and strengthen the rules of an environment that is free of financial and administrative corruption, and determine the public principles and 17 responsibilities to prevent corruption, and prevent the risks thereof, and detect it, and address its causes, and to hold its perpetrators accountable and prosecute them, and protect and recover the funds of the Emirate. Prepare a regulation for the integrity and transparency, publish it in the Official Gazette, and apply it at the Controlled Entities to combat corruption and raise awareness among the employees and the persons dealing with the Controlled Entities. 11. Issue a regulation stipulating the provisions and rules of financial disclosure and other disclosures, in accordance with the provisions of this Law, and publish it in the Official Gazette. 12. Receive, examine and conduct administrative investigation concerning the complaints and reports of financial and administrative corruption referred thereto from competent entities and Controlled Entities and from the public, in addition to any corruption detected thereby while exercising its competencies, as prescribed in this Law, in the following violations: a. Offences against the funds and properties of the Controlled Entities, such as any neglect in the collection of revenues, or any financial obligations or expenditure in the absence of any appropriations, or violation of the quorum or financial competencies prescribed at the Controlled Entities, or manipulation of the banking accounts of the Government or the Controlled Entity, or any violation of the financial regulation applicable at the Controlled Entity and the Emirate. b. Manipulation of the procurements of the Controlled Entity or fraud in implementation of the contracts or any violation to the law and regulations of procurements applicable at the Controlled Entity or Emirate. c. Any negligence or default that directly leads to a financial loss for the Emirate or other public juristic personalities or Controlled Entities, or prejudice to any of their financial interests. d. Manipulation of the financial statements of the Government or Controlled Entity or any other financial reports issued thereby. 18 e. Conflict of interests, such as the participation or influence of the Chairman of the Controlled Entity or any member of its Board of Directors or any employee thereof in the decision-making process at the Entity, in case such Chairman or any of his relatives or partners have a personal interest therein. f. Misuse of power or abuse of a Public Office at the Controlled Entity, to obtain an interest or benefit for oneself or others. g. Waste of public funds and misuse of the financial resources of the Emirate. h. Carry out any act or behaviour or make any statement, directly or indirectly, regardless of the method, in case this affects the financial reputation of the Emirate or affect its economic interests. i. Disclose the official secrets of the Controlled Entity and the Emirate such as their capacities, potentials, assets, financial obligations, information, data, and official registers belonging thereto or to any entities or individuals dealing therewith. j. Any other violation related to an administrative or financial corruption. The Controlled Entities shall conduct administrative investigation in other Financial and Administrative Violations in accordance with the laws and regulations applied thereby. 13. Receive, examine and maintain the financial disclosures of Senior Government Employees and Officials of the Controlled Entities as well as the employees or any natural or corporate person, as the case may be, based on the provisions of the Disclosure Regulation. 14. Monitor any deficiencies in any governance legislations and regulations and administrative and financial regulations of the Controlled Entities, revealed for the Authority in the course of assuming the competencies entrusted thereto, and suggest any amendments deemed necessary. 15. Conduct the researches and studies that aim at achieving professional integrity. 16. Establish a database for the Financial and Administrative Violations for 19 the analysis thereof, and find the adequate solutions to address such violations and ensure the prevention thereof. 17. Follow up the cases falling within the competencies of the Authority, including transit crimes, in coordination with the judicial authorities and other competent entities. 18. Provide financial and accounting expert activities entrusted to the Authority by the Judiciary in the cases referred thereto by the Authority. 19. Represent the Emirate before local entities and international organisations in the field of control, audit, integrity, transparency, and the combat of Financial and Administrative Corruption, and participate in the conferences and forums, and organise relevant training sessions. 20. Any other duties assigned thereto by the Crown Prince. Chapter 2 Powers Article 15 Powers of the Authority For the purposes of enabling the Authority to exercise the competencies entrusted thereto by virtue of this Law, the Authority shall have the following competencies: 1. Exercise the competencies entrusted thereto in accordance with the provisions of this Law through control, audit, review, and examination, through periodic or surprise visits. 2. Request information, documents, data, evidence and proofs, either in writing or orally. 3. View any documents, resolutions, papers, data, information, reports, manual or electronic registers or any electronic systems at the Controlled Entities, and maintain and keep any copies thereof regardless of their nature or confidentiality. 4. View any papers of the external auditors concerning the audit of financial statements of the Controlled Entities, keep them confidential, and keep any copies thereof. 20 5. Accede the electronic systems and programs of the Controlled Entities to evaluate the degree of safety and protection of information and data and official registers related thereto, and those related to the entities and individuals dealing therewith, in coordination and cooperation with other relevant entities and without prejudice to their prescribed competencies. The Authority may at its discretion link the electronic programs and systems of the Controlled Entities with the electronic systems of the Authority for control and audit purposes. 6. Enter the headquarters of the Controlled Entities without the need to any prior authorisation. 7. Attend the ordinary and extraordinary meetings of the general assembly of the Controlled Entities. 8. Attend the meetings of the audit committees at the Controlled Entities. 9. Inspect the Controlled Entities and their Headquarters and the buildings related thereto without the need to any prior authorisation, and inspect the persons and private places based on an warrant granted by the competent public prosecution. 10. Summon the officials or employees of the Controlled Entities or any other person whose interrogation is necessary for the purpose of examining the reports and conducting administrative investigation. 11 View the banking accounts of the Government and the Controlled Entities. 12. Ask the Controlled Entities to present the bank accounts and personal information of any natural or corporate person, for the purpose of examining reports and conducting administrative investigation, taking into consideration the legislations in force. 13. Cooperate with and seek the assistance of the security services and police in the Emirate and other Emirates, each within its competencies, to conduct investigations and inquiries and to collect evidence and facts, and for escort in case of entry to any places and inspection thereof. 14. Temporarily suspend the employee or the assigned person from 21 working at the Controlled Entity, for investigation purpose, for a period that does not exceed six renewable months, in accordance with the controls and procedures stipulated in the Regulation of Anti-Corruption Procedures, as follows: a. based on the approval of the Crown Prince, in the case of Senior Governmental Employees and Officials of Controlled Entities. b. By a resolution of the Chairman of the Authority, in the case of employees of the Controlled Entities. 15. Assign the internal auditor at the Controlled Entity to carry out any tasks deemed necessary after informing the Chairman of such Entity or as deemed appropriate by the Authority. 16. Entrust any activities of the Authority to any Entity or seek the assistance of technicians, experts and consultants, for reasons deemed appropriate by the Authority. 17. Grant any powers stipulated in this Article to any employees of the Authority or whomever is assigned to carry out any tasks of the Authority by a resolution of the Chairman thereof. Article 16 Seek the Assistance of Experienced and Competent Persons The Authority may, for the purpose of assuming the duties and competencies entrusted thereto by virtue of the provisions of this Law, seek the assistance of any experienced and competent persons deemed appropriate. Section 4 Control and Audit Chapter 1 Control and Audit Sector Article 17 Director General of the Sector The Control and Audit Sector shall have a National Director General to be appointed by a Crown Prince Resolution based on the proposal of the Chairman of the Authority. 22 Article 18 Competency of the Sector The Sector shall conduct the control activities stipulated in this Law over the Controlled Entities, through the powers prescribed for the Authority in accordance with the provisions of this Law. Article 19 Control Activities This includes the control activities carried out over the Controlled Entities as follows: 1. Financial Control The Authority shall conduct financial control over all operations of the Controlled Entities in order to ensure the extent of their relevance and the appropriateness of their accounts and their legitimacy according to the work methodology adopted by the Authority and the framework applied thereby, through the following: a. Audit the annual financial statements of the Government and express opinion thereon, and issue a report including the results of the audit. b. Audit the separate and combined financial statements of the Controlled Entities taking into consideration the laws of the Controlled Entities as deemed appropriate by the Authority. c. Review the separate and combined annual financial statements of the Controlled Entities whose laws require an auditor for the audit the financial statements, and examine the work papers and auditors’ reports, to verify that the financial statements fairly reflect the situation or financial performance of the Entity, as well as the quality of the audit carried out thereby according to the approved auditing standards and other rules determined by the Authority as deemed appropriate thereby, and submit the relevant reports. d. Examine the financial operations carried out by the Controlled Entities by practicing all its activities and works. e. Examine the information, documents and papers related to all bank accounts of the Controlled Entities to ensure their management in conformity with the approved control systems. 23 f. Verify the validity of the calculation, completion and collection of public revenues and financial returns resulting from the Controlled Entities’ provision of services and practice of activities, including without limitation the fees, prices, tariffs, fines, proceeds of the sale, earnings, and other revenues. g. Verify that the expenditures of the Controlled Entities are made in conformity with the items of the annual budget that is approved and ensure that they are used for the determined purposes in accordance with the approved powers and in conformity with the approved control regulations. 2. Control of Compliance and Performance The Authority shall assume the tasks of control of the compliance and performance over the duties and activities carried out by the Controlled Entities, in order to verify the extent of compliance of the Controlled Entities with the laws and regulations ruling their activities, as well as the extent of efficiency and effectiveness of their operational activities in accordance with the work methodology adopted by the Authority and the framework applied thereby through the following: a. Verify the integrity of the Controlled Entities’ application of the legislations, policies, regulations and resolutions related to the field of their work or issued thereby or regulating their activities, in coordination with the competent authorities. b. Review and examine the purchases at the Controlled Entities to ensure the validity of their implementation or approval in accordance with the laws, regulations and policies regulating them. c. Examine and review the resolutions, procedures and administrative practices at the Controlled Entities with regards to their human resources, in terms of appointments, promotions, rewards, allowances, adjustments, and others, to ensure the validity of these resolutions and their conformity with the laws, regulations and policies regulating the same. d. Verify the compliance with the rules and regulations of governance, accountability and responsibility approved thereat. e. Review the extent of the efficiency of the optimal use of available 24 resources in achieving the required or planned outputs f. Evaluate the extent to which the Controlled Entities achieve their objectives and contribute in achieving the general objectives and strategic plans of the Government. g. Review the extent to which the Controlled Entities meet the targeted performance indicators. h. Verify that all works were completed at an appropriate cost and with the required quality, and at the right time. 3. Control over the control systems and their efficiency and effectiveness. The Authority shall assume its control tasks over the efficiency and effectiveness of the control systems, in coordination with the competent entities in the Emirate, when needed, in order to ensure the efficiency and effectiveness of such systems in the control of all the operational, financial and electronic activities, as well as the IT and communication systems at the Controlled Entities, according to the work methodology adopted by the Authority and the framework applied thereby through the following: a. Ensure the extent of availability of the control systems that aim at protecting the Controlled Entities, as well as the examination thereof and verification of their procedures, to verify the extent of their efficiency and determine any deficiencies therein, and recommend any measures that shall be taken to address such deficiencies. b. Evaluate the principles of governance and corporate risk management, performance management, internal audit regulations, internal audit units, among many others at the Controlled Entities, according to the best recognised international standards and practices, to determine the opportunities of development and enhancement. c. Examine the control procedures related to the information systems, as well as the applications and programmes of the operational and financial activities, in addition to their data, communication means and networks, and examine the data bases, as well as the reports issued thereby, to ensure their efficiency and effectiveness, and the achievement of the objectives of the Controlled Entities concerning the protection and safety of the information, data and official registers 25 of the Controlled Entities, and other entities, individuals and persons dealing therewith. Section 5 Integrity and Combating Corruption Chapter 1 Integrity and Anti-Corruption Sector Article 20 Director General of the Sector The Integrity and Anti-corruption Sector shall have a National Director General to be appointed by a Crown Prince resolution based on the proposal of the Chairman of the Authority. Article 21 Competencies of the Sector The Sector shall coordinate with other competent entities, to exercise the competencies of the Authority in terms of strengthening, establishing and spreading the principles of integrity, transparency, accountability, honesty, as well as combating Financial and Administrative Corruption at the Controlled Entities, through the powers of control, research, investigation, information collection using the prescribed tools entrusted to the Sector by the Chairman of the Authority in accordance with the provisions of this Law. Chapter 2 Preventive Measures Article 22 Preventive Measures The Chairman of the Authority or the delegate thereof may, when assuming his competencies and powers in accordance with the provisions of this Law, ask the competent public prosecution to take the following preventive measures: 1. Seize the funds of the person against whom there are sufficient grounds for suspicion that he has committed a criminal offence due to any administrative or financial corruption, or any person who possess the 26 proceeds of such offence, and prohibit the disposition of such funds, until completion of the administrative investigation procedures and adjudication of this case. 2. Temporarily suspend the employee or the assigned person from working at the Controlled Entity in the interest of the administrative investigation, for a period that does not exceed six renewable months, and take any other preventive measures deemed appropriate whether applied in cases of the employee’s suspension or not, such as the closure of the office of the employee or banning him from entering to the headquarters of the concerned Controlled Entity or from using the electronic and information services or other services designated therefor at the Controlled Entities or any other entity, or suspending his representative membership at Boards of Directors and Committees, or any other measures. 3. Seize the funds of the ascendents and descendants and spouse of the person against whom there are sufficient grounds for suspicion that he has committed a criminal offence due to an administrative or financial corruption, and prevent the disposition of such funds if there is justification for this. 4. Impose a travel ban upon the person suspected of having committed any Financial and Administrative Corruption, as well as his ascendants and descendants and spouse, for a period that does not exceed three months, provided that the matter is raised to the competent court within eight working days from the date of the ban decision. The court shall issue its decision within a period that does not exceed five working days from the date of raising the matter thereto, and it may renew said ban for one or more periods if needed, in accordance with the applicable rules. Chapter 3 Administrative Investigation Article 23 Investigation for the Public Interest The consideration of the complaints, reports and administrative investigations conducted by the Authority concerning any Financial and Administrative Corruption shall be for the purpose of achieving the public interest, and 27 not for deciding upon any administrative and civil disputes or administrative grievances among the employees, suppliers, contractors or others, or any other private interest. Article 24 Handling the Administrative Investigation 1. The Authority shall discontinue the administrative investigation in case of evidence insufficiency, invalidity, absence of violation, insignificance, or any other discontinuation reasons. 2. The Authority shall inform the Controlled Entity or the concerned competent entity about the violation to impose the disciplinary penalty upon the violating employees or persons assigned to carry out a Public Office, recover the public funds which were unlawfully received and compensate for the damages caused thereby if necessary, provided that the Authority is informed of the decisions on the actions taken within fifteen days from the date of reporting the violation. 3. The Authority shall refer the administrative investigation papers to the competent public prosecution when the administrative investigation reveals any suspicion of a criminal offence, without prejudice to the provisions of Clause (2) of this Article. 4. The Regulation of Anti-Corruption Procedures shall govern the provisions and controls of handling the administrative investigation. Article 25 Financial Disclosures 1. The Senior Government Employees and Officials of the Controlled Entities shall submit a periodical financial disclosure when assuming their office and upon leaving their positions for any reason whatsoever, based on the Regulation of disclosure issued by virtue of the provisions of this Law. 2. Based upon a resolution of the Chairman of the Authority, for the purposes of the administrative investigation or at the request of other competent entities, a financial disclosure may be requested from Senior Government Employees, Officials of the Controlled Entities, Government employees, and any natural or corporate person, for the purpose of administrative investigation. The details of the accounts, balances, and bank transactions 28 may be requested in coordination with the competent entities, based on the Disclosure Regulation. Such Entities shall totally cooperate with the Authority to this effect. 3. The Disclosure Regulation shall determine the deadlines of the financial disclosures as well as the categories which are exempt from submitting a financial disclosure and the updates of such disclosures and any other controls, provisions and rules deemed appropriate by the Authority to implement the regulation. Chapter 4 Guarantees Article 26 Protection of Notifiers and Witnesses 1. The Authority shall provide the necessary protection to the Notifiers or the Witness according to the controls and procedures stipulated in the Regulation of Anti-Corruption Procedures, including the following: a. Provide the necessary protection at the place of residence, if needed, in coordination with the security entities and police in the State. b. Not to disclose the identity of the Notifier or Witness or any information referring thereto. c. Protect the Notifier or the Witness at his place of work and ensure that he is not exposed to any discrimination or mistreatment. 2. For the purposes of the implementation of the provisions of this Law, reporting to the Authority any financial and administrative violations shall not be considered as a breach of the legislations and agreements related to information non-disclosure and confidentiality, whether at the Controlled Entity where the Notifier works or deals therewith. 3. No person may be subject to any penalty just because he has reported or witnessed on an Financial and Administrative Corruption, unless such reporting is fake or vexatious. The Notifier or the witness who incurs damage, contrary to the provisions of Clauses 1 and 2 of this Article, may seek appropriate compensation from the person who has caused this damage. 4. The Regulation of Anti-Corruption Procedures shall regulate the controls and procedures of the mechanism of violations, including all the obligations 29 of the Notifier, as well as their protection, remuneration, and the penalties prescribed for fake and malicious reporting.
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Abu Dhabi Official Gazette - 2020 Edition 9 — segment 2
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Abu Dhabi Official Gazette - 2020 Edition 9 — segment 2
The provision sets anti-corruption reporting duties, allows some rewards, settlements and penalty mitigation, and imposes fines and imprisonment for obstructive conduct.
Article 27 Remuneration of the Notifiers and Witnesses A material or in-kind reward may be granted to any person who provided fundamental information that led to the detection of an administrative or financial corruption, according to the controls established by the Authority in the Regulation of Anti-Corruption Procedures. Article 28 Exemption and Reduction of the Penalty for the Public Interest 1. Based upon the approval of the Ruler and the recommendation of the Crown Prince, may be exempt from the prescribed penalty whomever was collaborating or engaged in the Financial and Administrative Corruption and has reported the perpetration of such corruption before the detection thereof, particularly if this has led to the collection of any evidences deemed necessary for the condemnation of the other partners in the corruption, or in case such reporting was made following the detection of the corruption and contributed in determining the remaining violators or recovering the public funds. 2. The Authority, upon referring the Financial and Administrative Violations to the public prosecution in the cases indicated in Clause 1, may recommend, as per the controls and procedures stipulated in the Regulation of Anti- Corruption Procedures, to mitigate the penalty as deemed appropriate for the interest of the administrative investigation. Article 29 Settlement and Recovery of the Public Funds for the Public Interest The Chairman of the Authority may, according to the controls and procedures stipulated in the Regulation of Anti-Corruption Procedures, discontinue the administrative investigation when reaching a settlement with any person who had committed a financial or administrative violation, if such settlement has resulted in the recovery of the public funds, subject-matter of the administrative investigation, and in case such person has provided any 30 information deemed important for the public interest and has cooperated with the governmental entities in this regard. Chapter 5 Regulation of Anti-Corruption Procedures Article 30 The Regulation of Anti-Corruption Procedures for the Financial and Administrative Violations shall be issued by a resolution of the Chairman of the Authority including the following: a. Mechanism of reporting the Financial and Administrative Violations. b. Rules of administrative investigation regarding the violations of the Financial and Administrative Corruption. c. Rules of handling the administrative investigation. d. Regulation of Notifiers and witnesses. e. Controls of settlement and recovery of the public funds for the public interest. f. Any rules or procedures that aim at achieving the objectives of the Authority through administrative investigation. Section 6 Controlled Entities Chapter 1 Controlled Entities Article 31 Controlled Entity 1. The Authority shall assume all the competencies, duties and responsibilities inside and outside the State, taking into consideration the legislations to be implemented at the following Controlled Entities: a. Local departments, municipalities, authorities, institutions, councils, general secretariats, agencies, diwans, police, local security entities, centres, offices, universities, institutes, funds, markets, and all public corporate persons affiliated to the Government, as well as the companies which are totally and directly owned by the Government. b. The companies which are wholly owned by governmental entities or companies, whether directly or indirectly, jointly or individually, and 31 the companies in which the Government or the governmental entities or companies have shares, directly or indirectly, jointly or individually, with a percentage that exceeds 25% of their capital. 2. The Crown Prince may assign the Authority to exercise its competencies over any entity where the Government has shares of less than the percentage aforesaid in the previous paragraph or that is directly or indirectly financially supported by the Government. Chapter 2 Responsibilities Article 32 Responsibilities of the Controlled Entities Every Controlled Entity shall abide by the following: 1. Enhance the culture and concepts of integrity, honesty and responsibility among its employees and ensure that they abide by the rules of professional behaviour which are applicable at the Controlled Entity, and take the disciplinary actions against the violators. 2. Separate the supervisory, executive and controlling roles, determine the powers, and design the administrative structures in a way that enables accountability and responsibility. 3. Adopt specific procedures to collect, manage and disburse funds including the procedures of purchases and the management and implementation of contracts at the Controlled Entities. 4. Abide by the internal audit regulation including all the procedures and controls set to provide assurances about the completion of operational activities of the Controlled Entities with efficiency and effectiveness as well as the extent of validity of their financial reports and about compliance with the legislations and regulations in force. 5. Transparency and simplification of the procedures and automation of the services provided by the Controlled Entity. 6. Abide by the rules and regulations issued by the Chairman of the Authority while assuming the competencies stipulated in their 32 establishment laws, as well as the laws, regulations and procedures regulating the same. 7. Inform the Authority about Financial and Administrative Corruption upon detecting any violation according to the provisions of this Law, and refer their investigations concerning the violations falling under the competencies thereof to the Authority with all reports, and resolutions on actions taken within a duration of maximum five working days from the date of issuance thereof. The Authority may verify the integrity of the procedures adopted by the Controlled Entities regarding the Financial and Administrative Violations, and take any actions deemed appropriate in this regard. In case the Controlled Entity proceeds with the administrative investigation procedures with regards to violations related to Financial and Administrative Corruption and discovers that any employees of other Controlled Entities were engaged in such acts, then said Controlled Entities shall refer the matter to the Authority to conduct an administrative investigation. 8. Prepare the financial statements of the Controlled Entity according to the standards issued by virtue of the applicable legislations, provided that the Authority obtains a copy of such statements within the period of time determined by the Authority. 9. Taking into consideration the competencies of the Authority concerning the audit of the financial statements in accordance with the provisions of this Law, an auditor shall be appointed for the audit of the financial statements in accordance with the Rules of Appointment of Auditors and Standards for Auditing Financial Statements of the Controlled Entities issued by the Authority. In case the law or regulation of establishment of the Controlled Entity does not provide for the appointment of an external auditor and an Auditor has been appointed thereto, then the Authority shall take the adequate procedures to verify the validity of the financial statements. 10. Appoint an Internal Auditor and provide him with the resources, powers, authority and independence required for carrying out his tasks. 33 Article 33 Responsibility of the Employees of the Controlled Entities and the Persons Dealing therewith 1. Every employee at the Controlled Entity and every person assigned to occupy a Public Office or position shall assume the following: a. Work through the scope of the job responsibilities assigned thereto, provided that the Controlled Entity where the employee or the assigned person works takes into account all the responsibilities prescribed thereto in accordance with the provisions of the Law. b. Abide by all the laws, rules, regulations, procedures, job conduct rules applicable at the Controlled Entity. c. Abide by the Regulation of Integrity and Transparency issued by the Authority. d. Report to the Authority any Financial and Administrative Corruption upon detection thereof. 2. Any company or entity or individual dealing with a Controlled Entity – each within their own competencies – shall abide by the applicable legislations, regulation and procedures, and shall inform the Authority about any Financial and Administrative Corruption upon its detection. Article 34 Responsibility of the Auditors of the Controlled Entity The Auditor and the Internal Auditor at the Controlled Entity shall abide by the standards, rules, professional methodologies issued by the Authority, and shall inform the Authority about any Financial and Administrative Corruption upon its detection. Section 7 General and Final Provisions Chapter 1 General Provisions Article 35 Submittal of the Legislations to the Authority The Authority shall be provided with the draft-legislations related to the 34 competencies of the Authority in accordance with the provisions of this Law, to express its opinion on this matter. Article 36 Law Enforcement Capacity The Chairman of the Judicial Department shall issue, in agreement with the Chairman of the Authority, a resolution determining the Authority’s employees having the capacity of judicial enforcement officers, concerning the violations falling under their competencies in accordance with the provisions of this Law. Article 37 Cooperation with the Authority 1. The Authority shall assume the competencies and powers prescribed thereto according to the provisions of this Law without prejudice to the competencies prescribed to other relevant Government entities, and all such entities shall cooperate with the Authority – each within their own competencies – to enable it to exercise its competencies and powers. The Authority shall exercise said competencies and powers over the assets and interests of the Controlled Entities outside the State as per the applicable legislations, in coordination with the competent entities and in accordance with the regulations in place. 2. The Authority, if need be, and in case any Controlled Entities subject to the provisions of this Law rejects allowing any employees of the Authority to assume their duties as legally prescribed, may submits an request to the Judicial Authority to take the procedures of preserving the data or information or treasuries or funds or devices or places where the required data is available. 3. In case there is a dispute between the Authority and any Controlled Entity in terms of the final results or recommendations provided by the Authority, then the matter shall be raised to the Crown Prince to take the appropriate decision to this effect. 4. In case there is a dispute between more than one Controlled Entity concerning the competency related to the administrative investigation of 35 any violation related to Financial and Administrative Corruption, then the Authority shall be the Competent entity to settle the dispute. Article 38 Penalty for Impeding the Work of the Employees of the Authority Without prejudice to any more severe penalty provided for in any other law, shall be sentenced to imprisonment for a duration that does not exceed a year and to a fine of not less than ten thousand Dirhams and not more than (1,000,000) one million Dirhams, or to both penalties whomever: 1. Does not respond to the summon issued by the Authority. 2. Makes a malicious reporting to the Authority. 3. Refrains from reporting a Financial and Administrative Corruption to the Authority. 4. Refrains from submitting any documents, resolutions, papers, data, information, reports or registers required by the Authority, within the deadlines set therefor, or in case of refraining from providing his statements or testimony regarding a Financial or Administrative Corruption case under consideration. 5. Refrains from or performs any act or behaviour that may impede the work of the Authority and may prevent it from exercising its competencies or powers. 6. Attempts in any way or any form to impede the work of the Authority or to exercise influence on the employees of the Authority while carrying out their duties or abuse them. 7. Exposes any Notifier or witness of a Financial or Administrative Corruption to a verbal or physical abuse, and harms them because of reporting corruption. 8. Refrains from submitting a financial disclosure or submits invalid data in this regard, contrary to the provisions of this Law and the Disclosure Regulation. Article 39 Applicability of Laws 1. The Authority shall be subject to the laws and regulations applicable at 36 the Government, for the matters which do not have any special provision in this Law or in the rules and regulations issued for the implementation thereof. 2. The National employees of the Authority shall be subject to the Law of Civil Retirement Pensions and Benefits applicable in the Emirate. Chapter 2 Final Provisions Article 40 Repeal of a Law 1. Aforesaid Law no. (14) of 2008 shall be repealed, provided that the regulations and resolutions issued pursuant thereto remain effective consistently with the provisions of this Law, until issuance of the regulations and resolutions implementing the provisions of this Law. 2. Any provision contrary to the provisions of this Law shall be repealed. Article 41 Date of Enforcement This Law shall be published in the Official Gazette, and become effective from the date of its publication. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: :06 August 2020 Corresponding to 16 Dhi Al-Hijjah 1441 Hijri 37 Executive Council Resolutions 39 snoituloseR licnuoC evitucexE Executive Council Resolution No. (134) of 2020 Concerning the Transfer of Affiliation of the Statistics Centre − Abu Dhabi The Executive Council has decided the following: 1. The affiliation of Statistics Center - Abu Dhabi shall be transferred from the Department of Government Support to Abu Dhabi Executive Office. 2. All competencies related to supervision and control in the field of statistics shall be transferred from the Department to the Office. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 06 September 2020 Corresponding to : 18 Muharram 1442 Hijri 41 Executive Council Resolution No. (135) of 2020 Concerning the Transfer of Some Competencies of Abu Dhabi Agriculture and Food Safety Authority to Abu Dhabi Developmental Holding Company PJSC The Executive Council has decided the following: 1. The following competencies and all related tasks shall be transferred from Abu Dhabi Agriculture and Food Safety Authority to Abu Dhabi Developmental Holding Company (PJSC), and the Company may assume these competencies directly or through any of the companies that are wholly-owned thereby directly or indirectly: • Establishing and managing an emergency food reserve in cooperation with the concerned entities, provided that the Authority continues with the mission of monitoring this competency and the operations associated with it at all times, including crises, emergencies and disasters. • Creating marketing and promotional channels for local agricultural products. 2. The real estates, facilities, assets and properties of Abu Dhabi Agriculture and Food Safety Authority specified in Tables (1) and (2) shall be transferred to Abu Dhabi Developmental Holding Company or any of the companies that are wholly-owned thereby directly or indirectly. 3. The employees whose names are specified in Tables (3) and (4) shall be transferred from Abu Dhabi Agriculture and Food Safety Authority to Silal Food and Technology Company (LLC), a wholly-owned subsidiary of Abu Dhabi Developmental Holding Company. Silal Food and Technology Company (LLC) may conclude employment contracts with those employees in accordance with the human resources and retirement regulations applicable therein, provided that the General Treasury of the Emirate bears any differences in their retirement benefits in accordance with the legislations in force, and it is permissible by agreement between the Company and the Authority to transfer other employees from other departments to support the transfer of the aforementioned tasks. 42 4. Silal Food and Technology Company (LLC) shall replace Abu Dhabi Agriculture and Food Safety Authority in all rights, obligations, works, contracts and agreements set forth in Tables (5) and (6), and shall be considered as its legal successor. 5. Approve the transfer of all budgets allocated by the government to the Authority with regards to its competencies aforesaid in Clause (1) to Abu Dhabi Developmental Holding Company, including budgets for salaries and entitlements of employees aforesaid in Clause (3) and contracts and agreements referred to in Clause (4), the maintenance and management of real estates and assets specified in Clause (2) and any financial support granted by the government to the Authority in relation with this competency. 6. All operations and actions resulting from the implementation of this Resolution shall be excluded from any prescribed registration fees imposed by government entities with regards to the transfer of ownership of these real estates and real estate rights pertaining thereto. 7. The Finance Department shall be instructed to take the necessary measures in accordance with the applicable regulations, and to pay the cost of the differences in retirement benefits aforesaid in Clause (3) in accordance with what is decided by Abu Dhabi Retirement Pensions and Benefits Fund. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 06 September 2020 Corresponding to : 18 Muharram 1442 Hijri 43 Executive Council Resolution No. (141) of 2020 Concerning the Exempt of the Children of Workers in the First Line of Defence in the Health Sector from Tuition Fees The Executive Council has decided the following: 1. Exempting the students who are children of residents working in the first line of defence in the health sector of the Emirate of Abu Dhabi from paying tuition fees in government schools in the Emirate until the end of the twelfth grade, including the exempt of students who are still pursuing their studies from outstanding and unpaid tuition fees. 2. Instructing the Department of Education and Knowledge to act, in coordination with the concerned authorities, in accordance with the provisions of this Resolution. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 14 September 2020 Corresponding to: 26 Muharram 1442 Hijri 44 Executive Council Resolution No. (144) of 2020 Concerning Subsidizing the Taxi Transport Sector in the Emirate of Abu Dhabi The Executive Council has decided the following: 1. Exempting companies operating private taxis (limousines) from the monthly licensing fee amounting to AED 600 per vehicle from the date of the 1st of March 2020 to 30th of June 2020. 2. Exempting the company operating public taxi transportation services at Abu Dhabi International Airport from the following: • Franchise agreement fee for a period of one year from 29th of March 2020 to 28th of March 2021. • The monthly licence fee of AED 750 for each vehicle from the 1st of March 2020 to 30th of June 2020. 3. Exempting all operators of the public and private taxis transport sector from the fees of renewal of the drivers' permits from the 1st of March 2020 till the end of 2020. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 20 September 2020 Corresponding to: 03 Safar 1442 Hijri 45 Executive Council Resolution No. (145) of 2020 Concerning the Emirates Nuclear Energy Corporation The Executive Council has decided the following: 1. The Emirates Nuclear Energy Corporation shall be considered as a development entity pursuant to Law No. 2 of 2018 concerning the establishment of Abu Dhabi Developmental Holding Company. 2. The transfer of the ownership of the whole capital of the Emirates Nuclear Energy Corporation from the Government of Abu Dhabi to Abu Dhabi Developmental Holding Company, shall not prejudice the following: • Licences, permits, exemptions or approvals issued by the Federal or local government entities in the State to the Corporation or any of its subsidiaries. Such licences, permits, exemptions and approvals shall remain in force. • Rights and obligations of the Emirates Nuclear Energy Corporation or any of its subsidiaries, as indicated in any valid legislations or any agreements or contracts or documents concluded by the Corporation or any of its subsidiaries. • Obligations of the Government of Abu Dhabi before the issuance of this Resolution according to the agreements or contracts or documents signed by the Government with third parties. This shall include any guarantees submitted by the Government in relation with the obligations of the Emirates Nuclear Energy Corporation or any of its subsidiaries. 3. The Department of Finance shall issue a letter to confirm any guarantees issued concerning the obligations of the Emirates Nuclear Energy Corporation or any of its subsidiaries as deemed necessary to obtain any approvals or permits required for the implementation of the provisions of this Resolution. 4. Without prejudice to the obligations of the Emirates Nuclear Energy Corporation, Abu Dhabi Developmental Holding Company may convert the Emirates Nuclear Energy Corporation to a Public Joint Stock Company wholly owned thereby or by any of its wholly-owned subsidiaries. 5. This Resolution shall be implemented from the date of its issuance. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 20 September 2020 Corresponding to: 03 Safar 1442 Hijri 46 Executive Council Resolution No. (146) of 2020 Concerning the Appointment of the Director-General of Abu Dhabi Centre for Sheltering & Humanitarian Care (EWAA) The Executive Council has decided the following: Her Excellency Sarah Ibrahim Abdul Aziz Shohail shall be appointed as the Director-General of Abu Dhabi Centre for Sheltering & Humanitarian Care (EWAA). Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 20 September 2020 Corresponding to: 03 Safar 1442 Hijri 47 Executive Council Resolution No. (149) of 2020 Concerning the Replacement of a Member of the Board of Directors of the Environment Agency - Abu Dhabi Having reviewed the Chairman of the Executive Council Resolution No. (55) of 2018 concerning the reformation of the Board of Directors of the Environment Agency - Abu Dhabi, the Executive Council has decided the following: His Excellency Dr. Abdullah Bel Haif Al Nuaimi shall replace Dr. Thani Ahmed Al-Zeyoudi for the membership of the Board of Directors of the Environment Agency – Abu Dhabi. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 27 September 2020 Corresponding to: 10 Safar 1442 Hijri 48 Executive Council Resolution No. (150) of 2020 Concerning the Appointment of the Director-General of Abu Dhabi Civil Defence Authority The Executive Council has decided the following: Brigadier Mohammed Ibrahim Mohammed Ali Al-Ameri shall be appointed as the Director- General of Abu Dhabi Civil Defence Authority. Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 27 September 2020 Corresponding to: 10 Safar 1442 Hijri 49 United Arab Emirates The Emirate Of Abu Dhabi Issued By The Gereral Secretariat of The Executive Council of The Emirate Of Abu Dhabi Office of Legal Affairs Abu Dhabi - P.O. Box: 19 Tel: +971 26688446 Fax: +971 26669981
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