Abu Dhabi Official Gazette - 2019 Edition 2019
This Gazette segment creates the Abu Dhabi Investment Office, sets rules for public-private partnerships, and amends Abu Dhabi Energy Corporation Company governance.
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This Gazette segment creates the Abu Dhabi Investment Office, sets rules for public-private partnerships, and amends Abu Dhabi Energy Corporation Company governance. This segment sets up public authorities, assigns their powers and reporting duties, and in the housing and food-safety laws restricts unlicensed activity, shared housing, and certain land use while allowing administrative fines and penalties for violations. This segment sets up or reforms several Abu Dhabi bodies and states one compliance rule: governmental entities and companies in Abu Dhabi must not deal with unaccredited land surveying companies or surveyors for surveying work.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 1
This Gazette segment creates the Abu Dhabi Investment Office, sets rules for public-private partnerships, and amends Abu Dhabi Energy Corporation Company governance.
The Official Gazette 31 January 2019 - The First Edition The Official Gazette The First Edition - The Forty Eighth Year Contents Pages Laws Law No. (1) of 2019 concerning the establishment of Abu Dhabi Investment Office 5 Law No. (2) of 2019 concerning the regulation of the partnership between the public and private sectors 11 Law No. (3) of 2019 concerning Abu Dhabi Energy Corporation Company 22 Law No. (5) of 2019 concerning the establishment of Abu Dhabi Social Support Authority 31 Law No. (6) of 2019 concerning the establishment of the Community Contributions Authority (Maa'n) 38 Law No. (7) of 2019 concerning the establishment of Abu Dhabi Agriculture and Food Safety Authority 45 Law No. (8) of 2019 concerning the regulation of the occupancy of properties and residential units in the Emirate of Abu Dhabi 57 Decrees Amiri Decree No. (1) of 2019 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi 65 Amiri Decree No. (2) of 2019 concerning the Assignment as acting Chairman of the Department of Finance. 67 Amiri Decree No. (4) of 2019 concerning the declaration of Al Yasat region as a Marine Protected Area 68 1 Crown Prince, Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (1) of 2019 concerning the reformation of the board of directors of Abu Dhabi Global Market 73 Chairman of the Executive Council Resolution No. (2) of 2019 concerning the formation of Abu Dhabi Strategic Affairs Committee 75 Chairman of the Executive Council Resolution No. (3) of 2019 concerning the reformation of the Executive Committee 78 Chairman of the Executive Council Resolution No. (4) of 2019 concerning the reformation of the board of directors of Abu Dhabi Housing Authority 80 Executive Council Resolutions Executive Council Resolution No. (9) of 2019 concerning the twentieth investment zone in the Emirate of Abu Dhabi 85 Executive Council Resolution No. (40) of 2019 concerning the reformation of the board of directors of the General Holding Company 86 Circulars Circular No. (9) of 2018 concerning dealing with surveying companies and surveyors accredited by the Department of Urban Planning and Municipalities 89 Circular No. (10) of 2018 concerning Abu Dhabi Disabilities Classification Manual 90 * Attached: Abu Dhabi Disabled Classification Manual 2 Laws 3 swaL Law No. (1) of 2019 Concerning The Establishment of Abu Dhabi Investment Office 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 Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (7) of 2018 concerning the Reorganisation of the Economic Development Department; • Federal Law by Decree No. (19) of 2018 concerning Foreign Direct Investment; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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: Emirate : The Emirate of Abu Dhabi. Government : The Government of Abu Dhabi. Executive Council : The Executive Council of the Emirate. Department : The Economic Development Department. Office : Abu Dhabi Investment Office. Director-General : The Director-General of the Office. 5 Article (2) An authority shall be established under the provisions of this Law called “Abu Dhabi Investment Office”, shall have an independent legal personality and full legal capacity to act, and shall be affiliated to the Department. The Executive Council may change the affiliation of the Office to any entity as determined by it. Article (3) The main office of the Office shall be located in Abu Dhabi city and it may, upon a resolution issued by the Chairman of the Department, establish branches inside or outside the Emirate following the approval of the Executive Council. Article (4) The Office shall assume the following competencies: 1. Prepare investment plans and programmes aimed at encouraging local and foreign investment and ensuring the sustainability of the investment climate. 2. Develop the local investment system and promote the Emirate as an attractive destination for foreign investments. 3. Prepare the necessary studies for the implementation of Public-Private Partnership projects and float tenders concerning these projects in coordination with the concerned entities. 4. Suggest innovative investment methods to support Public-Private Partnership projects and submit them to the Department. 5. Follow up and supervise the implementation of Public-Private Partnership projects in coordination with the concerned entities. 6. Study and determine the investment fields by preparing a comprehensive guide for the guidance of the investor and review and update the same on an annual basis or whenever the need arises. 7. Monitor and evaluate the indicators related to local and foreign investment in the Emirate and submit appropriate recommendations to the Department in coordination with the concerned entities. 8. Invest its funds through the establishment of companies for the purposes of partnership projects. 6 9. Represent the Emirate in all local and international events related to investment in coordination with the concerned entities. 10. Suggest the appropriate benefits, incentives and exemptions of investment activities in order to attract investment and submit recommendations thereon to the Department in perparation for approval by the Executive Council. • The Executive Council may amend the competencies of the Office stated in this Law or any other legislation, through deletion, addition or transfer. • The Office may delegate some of its competencies to any other government entity or outsource some of them to the private sector following the approval of the Executive Council. Article (5) • The Office may have a Chairman appointed by a resolution of the Chairman of the Executive Council the Chairman shall supervise the competencies and tasks of the Office and its Director-General. • The Executive Council may delegate any other competencies or tasks to the Chairman of the Office. Article (6) The Office shall have a Director-General appointed by a resolution of the Chairman of the Executive Council who shall steer and supervise the Office functions, and may in particular: 1. Suggest the strategic and executive plans of the Office and submit them for approval according to the legislations in force. 2. Follow up the implementation of the strategic and executive plans of the Office and the programmes and projects supervised or implemented by it. 3. Manage, develop and implement all strategic and executive functions entrusted to the Office, either directly or through the work teams appointed or assigned with tasks, without contradicting the legislations in force. 4. Suggest initiatives, programmes, projects, studies and recommendations related to the Office’s functions and activities and present them for approval according to the procedures in place at the Department. 5. Suggest the annual draft budget of the Office and submit it for approval 7 according to the legislations in force. 6. Suggest the organisational structure of the Office and submit it for approval according to the legislations in force. 7. Appoint experts, consultants and technicians on a temporary or permanent basis and determine their fees. He may also seek the assistance of experts and consultation establishments and offices as he deems proper. 8. Open bank accounts in the name of the Office according to the legislations in force. 9. Form committees and internal work teams from among the employees of the Office and outside the Office, and determine their tasks and work procedures. 10. Suggest legislations, regulatory and executive regulations, systems, policies, resolutions and circulars, including the violations and administrative fines related to the competencies of the Office and submit them for approval according to the legislations in force. 11. Suggest fees, tariffs and prices related to the competencies of the Office and submit them for approval according to the legislations in force. 12. Represent the Office before the Courts and third parties. 13. Any other competencies or tasks assigned by the Executive Council. • The Director-General may delegate some of his competencies to any senior employee of the Office, provided that the delegation is in writing. • The Executive Council may delegate any of the Director-General’s competencies to any committees or work teams appointed from inside or outside the Office. Article (7) • The Office may have a Board of Trustees of not less than three and not exceeding seven members, including the Chairman of the Board of Trustees, whose appointment and remuneration are determined by an Executive Council resolution. • The Board of Trustees shall provide advice and consultancy to each of the Department and the Office concerning all or some of the competencies of the Office and shall make recommendations and suggestions concerning 8 the plans, programmes, projects and activities supervised, managed or implemented by the office. • The Board of Trustees shall hold its meetings according to the rules and regulations approved by the Chairman of the Department. • The Chairman of the Department may assign the Board of Trustees to follow up on the works of the Director-General if necessary. Article (8) The Office shall submit to the Department every three months, or whenever the Department requests the same, a report on its functions, achievements, budget, administrative and financial affairs as well as the progress achieved in the implementation of the competencies and tasks assigned to it. Article (9) The Department may, by a resolution of its Chairman, provide logistical support and all operational functions related to the supporting services, including human resources, financial affairs, procurement, electronic systems and other functions and services related to the corporate affairs of the Office. Article (10) The Office’s financial resources shall consist of: • Annual appropriations allocated thereto by the Government. • Any other revenues approved by the Executive Council. Article (11) The fiscal year of the Office shall begin from the first of January and end on December 31st each year, with the exception of the first fiscal year which shall begin from the date of entry into effect of this Law and end on December 31st of the following year. Article (12) The Office shall have one or more accredited external auditors to verify its accounts and financial statements, who shall be appointed by virtue of 9 a resolution issued by the Chairman of the Department according to the legislations in force, specifying as well the remuneration thereof. Article (13) • The Office shall be subject to the financial laws and systems in force in the Emirate. • The Office’s employees shall be subject to the human resources laws and systems in force in the Emirate. • The national employees shall be subject to the Civil Retirement Pensions and Benefits Law in force in the Emirate. Article (14) Any provision that is contrary to or inconsistent with the provisions of this Law shall be repealed. Article (15) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 10 January 2019 Corresponding to: 4 Jumada Al-Awwal 1440 Hijri 10 Law No. (2) of 2019 Concerning The Organisation of Public-Private Partnership 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. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (7) of 2018 concerning the reorganisation of the Economic Development Department; • Law No. (1) of 2019 concerning the Establishment of Abu Dhabi Investment Office; • Federal Law No. (4) of 2012 concerning the Regulation of Competition; • Federal Law No. (2) of 2015 concerning the Commercial Companies and its amendments; • Chairman of the Executive Council Resolution No. (22) of 2018 concerning Additional Competencies of the Economic Development Department; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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. 11 Emirate : The Emirate of Abu Dhabi. Government : The Government of Abu Dhabi. Executive : The Executive Council of the Emirate. Council Office : Abu Dhabi Investment Office. Governmental : The local departments and every legal person affiliated Entity to the Government and having full legal capacity to act and manage a public utility or aiming to provide a public service. Public Sector : All Governmental Entities in the Emirate. Private Sector : Private establishments and companies. Partnership : The project executed and managed by the Project Project Company or the subject of the Partnerhip Contract. Project : Any sole proprietorship or company licensed to operate Company in the Emirate, which shall undertake the execution of the Partnership Contract. Partnership : A contract concluded between the Governmental Entity Contract and the Project Company, governing and regulating the parties thereof. Public-Private : A contractual relationship within an administrative, Partnership economic and social concept, based on the principle of distribution and organisation of roles between the Public and Private Sectors in the identification and implementation of the objectives and programmes of the sustainable economic and social development plans through a complementary and contractual relationship between them, to share the responsibilities and benefits, in order to raise econonomic efficiency and achieve the development objectives of the community. Objectives of the Law Article (2) This Law aims to regulate the Public-Private Partnership in order to achieve the following: 12 1. Encourage the Private Sector to participate in the development projects and increase investment in its various fields, which serves the economic and social development in the Emirate. 2. Enable the Government to implement its strategic projects efficiently and effectively. 3. Take advantage of the potentials and the financial, administrative, organisational, technical and technological expertise available in the Private Sector, which enables the community members to obtain the best services at the lowest costs. 4. Increase productivity and improve the quality of public services while ensuring an effective management for the development of these services. 5. Transfer knowledge and experience from the Private Sector to the Public Sector, train and qualify the national employees of the Governmental Entities on the management and operation of the projects. 6. Execute the projects which add value to the public funds at a distinctive level and ease the financial burdens on the public budget of the Government by bearing the projects' costs whether in their establishment, operation or maintenance phases. 7. Reduce the burdens of financial risks for the Government, which may result from the implementation of some high-risk projects. 8. Convert, in the management of some infrastructure and public services projects from implementation, operation and direct management to other forms of government performance that are related to the adoption of policies and legislations and control of the quality of provision of public services according to the governance requirements. 9. Provide a higher competitive capacity for projects in the local, regional and global markets. 10. Promote the principles of governance in managing the economic activity and activate the financial resources management procedures. Applicability of the Law Article (3) • The provisions of this Law shall apply to all Governmental Entities. • The provisions of this Law shall not apply to Partnership Contracts signed before its entry into force. 13 Partnership Projects Mechanism and Selection Criteria Article (4) The following shall be taken in consideration in the Partnership Project: 1. The Partnership Project shall be of economic, financial or social feasibility. 2. It shall achieve the Government's benefit and the public benefit of the community members. 3. It shall have a positive impact on the approved development plans of the Emirate. 4. The volume of risks that may result from the implementation of the project through Partnership and in particular in the field of environment. 5. Volume of capital investment and technical expertise that will effectively contribute in improving the performance of public utilities and ensuring the quality of services. 6. Global best practices in the field of implementation of projects through Partnership. Partnership Methods Article (5) The Partnership Projects shall be completed by following any of the methods below: 1. Establishment of the Project Company for the joint project, and financing owning, commercially benefiting from and operatiing of the poject for the time period agreed upon in the Partnership Contract, then its assignment and the transfer of its full ownership to the Governmental Entity upon expiry of the period set forth in the Partnership Contract. 2. Establishment of the Project Company for the joint project and the transfer of its ownership to the Governmental Entity while keeping the right of commercially benefiting from and operating of the poject for the time period agreed upon in the Partnership Contract. 3. Transfer of the project's benefit from the Governmental Entity to the Project Company in order to enable it to commercially benefit from and operate the project for the period agreed upon in the Partnership Contract. 4. Establishment of a Project Company between the Governmental Entity and the partner from the Private Sector to implement the Partnership Contract. 14 5. Any other method suggested by the Office. Principles of Partner Selection Article (6) 1. The process of partner selection in the project shall be subject to the principles of openness, transparency, freedom of competition, equal opportunities, equality, announcement of the competition and achievement of the public interest requirements. It shall be prepared according to the rules and procedures set forth in this Law and the resolutions issued thereunder. 2. The partner shall meet the approved financial and technical standards, controls and requirements, as well as the ability and competence in its field of work. 3. A joint venture of more than one qualified private company or establishment may apply for one bid, provided that the bid is submitted in the name of the joint venture. Competent Authority for the Approval of the Partnership Project Article (7) 1. The Partnership Project shall be suggested by the office, the Governmental Entity or the Private Sector. 2. The Office shall study the Partnership Project in its initial stages and may approve the same and proceed with its approval procedures according to the rules in force. 3. The Partnership Project shall be approved according to the provisions of the financial deledation of authority in force in the Emirate. 4. The Governmental Entity shall not take any action to contract with the partner in the Partnership Project before the approval of the Partnership Project and floating it for tender by the Office. Role of the Governmental Entity in the Partnership Project Article (8) The Governmental Entity shall: 1. Propose the Partnership Project and prepare a detailed report including the reasons of entering into partnership and its expected positive effect 15 as well as the risks thereof, provided that the report includes the financial, economic and other feasibility study and submit them to the Office for study. 2. Prepare all technical specifications related to the Parnership Projects and submit them to the Office. 3. Cooperate and coordinate with the Office to implement the Partnership Projects in the Emirate. 4. Oversee the implementation of the Partnership Contract and supervise the proper performance by the Project Company of its obligations and take necessary and immediate measures to address any violation or breach in the implementation of these obligations. 5. Prepare periodic reports on the progress of the Partnership Projects and submit them to the Office. Role of the Office in the Partnership Project Article (9) The Office shall, in coordination with the Governmental Entity: 1. Prepare and issue the rules and procedures to be followed by the Governmental Entity to enter into Partnership Projects. 2. Determine the foundations upon which the Private Sector is invited to enter into a Partnership Project. 3. Prepare the terms of reference and specifications of the project subject of the Partnership Contract in coordination with the Governmental Entity. 4. Float bids of the Partnership Project. 5. Open and evaluate the offers. 6. Accept the offers that meet all the conditions and specifications from the technical and financial aspect. Amendment of the Project Specifications Article (10) The Office may, before the float of the tender, amend the project’s specifications and conditions related to the method of partnership after coordination with the Governmental Entity, without prejudice to the standards of qualification of the private companies or establishments. 16 Cancellation of the Bid Article (11) The Office may cancel the bid procedures for the partnership in any of the following cases: 1. If only one accepted offer is submitted or one offer remains after elimination of the unaccepted offers. 2. If all the offers include reservations that are not consistent with the required conditions and specifications and it was difficult to evaluate them technically or financially. 3. If the value of the lowest offer exceeds, in an unjustifiable manner, the primary estimates determined by the Governmental Entity or the value of the highest offer is less than these estimates for the revenue generating contracts. 4. If the public interest requires the cancellation of the bid. • The decision of cancellation of the bid shall be justified and none of the bidders shall have the right to claim compensation for the cancellation. • Notwithstanding the provisions of paragraph 1 of this Article, the Office may coordinate with the Governmental Entity to accept the single offer or the offer of which the value is less or exceeds the estimated value, in the cases determind by it. Content of the Partnership Contract Article (12) The Partnership Contract shall include the basic provisions that organise the partnership and the mutual obligations between the parties, including for example and without limitation: 1. The nature and scope of works and services that the Project Company shall carry out and implement. 2. The ownership of the project's assets and intellectual property rights and the obligations of the parties related to the taking over and handing over of the project site, as well as the provisions of transfer of ownership at the end of the project. 3. Obligation for obtaining the licences, permits and approvals. 4. The mutual financial and technical obligations between the parties to the contract as well as the financing methods. 17 5. Rules for the sale price of the product or the fees of the service covered by the project, as well as the principles and rules of their determination and amendment. 6. Means of quality assurance and the tools of control, supervision and financial, administrative and technical follow-up for the operation, exploitation and maintenance of the project, and the performance evaluation indicators of the Project Company. 7. Organisation of the rights in case of termination of the Partnership Contract, amendment of the conditions of this Contract by agreement or due to force majeure, and the principles and mechanisms of compensation in such event. 8. Types and amounts of insurance on the Partnership Project, the risks of its operation or exploitation, the performance bonds issued in favour of the Governmental Entities and the provisions of their recovery. 9. Determination of the principles of distribution of risks related to the project in case of force majeure, emergency circumstances or financial difficulties and the determination of the principles of estimation of the compensation therefor. 10. Period of the contract and cases of early termination thereof in whole or in part, and the parties' rights and obligations. 11. Determination of the cases where the partners may solely terminate the contract. 12. The procedures and penalties that may be imposed upon the Project Company in case of violating its contractual obligations. 13. Organisation of the rules and procedures of recovery of the project either upon the end of the contract period or in cases of unilateral, early or partial termination. 14. Procedures of continuity of the project and the works subject of the Partnership Contract upon expiry of the contract period, termination of the contract or violation of the Project Company's contractual obligations. 15. Provisions related to the benefit from the services of the Governmental Entity’s employees in the Project Company and determination of the Emiratisation ratios therein. 16. Measures to be taken by the Project Company to preserve the environment. 18 17. Specifications of the final product and level of the services that the Project Company shall provide, including the performance indicators, standards of safety, security, protection of environment and other standards, as well as the electronic systems and programmes to be used by it. Fees of Services Article (13) The Project Company shall be prohibited to run the project or receive any fees, allowances, tariffs, prices or any other financial amounts of any type for the works and services agreed upon by virtue of the Partnership Contract, unless the Governmental Entity issues a written certificate for the acceptance of the quality level of works or services available, according to the level of performance agreed upon in the Partnership Contract. Obligations of the Project Company Article (14) In addition to the obligations set forth in this Law, the resolutions issued thereunder and the clauses of the Partnership Contract, the Project Company shall abide by the following: 1. Not to dissolve, liquidate or change the legal form of the Project Company, reduce its capital or assign the company to others without the prior consent of the Office. 2. Preserve and maintain the project's assets and use the same for the objective thereof. 3. Not to sell the facilities, assets, movable and immovable properties of the project owned by it as per the conditions of the Partnership Contract, except for the sale aiming for the replacement and renewal programme as per the conditions stated in the Partnership Contract and after obtaining the prior consent of the Office and the Governmental Entity. 4. Provide all the documents, information and data required by the Office or the Governmental Entity, collaborate with their employees and allow them to access its sites for inspection thereof at any time. 5. Transfer knowledge and expertise to the Governmental Entity and train and qualify the employees of this entity as agreed upon in this regard. 19 6. Submit periodic reports on the works of implementation of the project, such as the construction, equipment, development, operation, maintenance, management and any other matters required by the Governmental Entity. 7. Abide by the environmental and health requirements as well as the safety requirements for the project's workers and beneficiaries. 8. Not to contract with subcontractors unless otherwise agreed in the Partnership Contract. Arbitration Article (15) Subject to the legislations in force, it may be agreed in the Partnership Contract to settle the disputes arising therefrom through arbitration. Financing of the Project Company Article (16) The Governmental Entity may, without contradicting the legislations in force in the Emirate, allow the Project Company to conclude contracts with banking institutions to finance or restructure the financing of its works and activities, provided that the Project Company bears alone, in such event, all the obligations resulting therefrom. Regulations Article (17) • The Office shall issue the necessary regulations for the implementation of the provisions of this Law after obtaining the approval of the Executive Council. • The Office shall issue the resolutions necessary for the implementation of the provisions of this Law. Repeals Article (18) Any provision that is contrary to or inconsistent with the provisions of this Law shall be repealed. 20 Publication and Applicability Article (19) This Law shall be published in the Official Gazette and shall be effective from the date of its publication. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 10 January 2019 Corresponding to: 4 Jumada Al-Awwal 1440 Hijri 21 Law No. (3) of 2019 Concerning Abu Dhabi Energy Corporation Company 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 1998 concerning the organisation of the Water and Electricity Sector in the Emirate of Abu Dhabi and its amendments; • Law No. (14) of 2008 concerning Abu Dhabi Accountability Authority; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (2) of 2018 concerning the establishment of Abu Dhabi Holding Company (Public Joint Stock Company); • Law No. (11) of 2018 concerning the establishment of the Department of Energy; • Federal Law No. (2) of 2015 concerning the Commercial Companies and its amendments; • Chairman of the Executive Council Resolution No. (26) of 2017 concerning the Formation of the Higher Committee on the Water and Electricity Sector in the Emirate of Abu Dhabi; • Chairman of the Executive Council Resolution No. (26) of 2018 concerning Additional competencies of the Department of Energy; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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: 22 : State The United Arab Emirates. : Emirate The Emirate of Abu Dhabi. : Government The Government of Abu Dhabi. : Concerned The Higher Committee for the Water and Electricity Authority Sector in the Emirate of Abu Dhabi formed under the aforesaid Chairman of the Executive Council Resolution No. (26) of 2017, or any other entity determined by a Chairman of the Executive Council Resolution. : Department Department of Energy. : Holding Company Abu Dhabi Holding Company (Public Joint Stock Company). : Company Abu Dhabi Energy Corporation Company. : Board of Directors The Company's Board of Directors. : Subsidiary Any company of which the majority of shares or stocks are owned directly or indirectly by the Company. Legal Form of the Company Article (2) • The legal form of Abu Dhabi Energy Corporation Company shall be amended to become a Public Joint Stock Company. It shall have an independent legal personality and shall enjoy financial and administrative independence and full legal capacity to act. It may use a name abbreviation as determined by the Board of Directors. The name, abbreviation name and legal form of the Company may be changed according to the procedures set forth in its Articles of Association. • The Board of Directors shall issue the Articles of Association of the Company and the Subsidiaries wholly owned by the Company and any amendments occurring thereto following the approval of the Concerned Authority, without the need for any other approvals or requirements. Ownership of Shares and Stocks in the Company and Assets Article (3) • The ownership of all the shares and stocks is of the Company shall be 23 transferred to the Holding Company. • All movable and immovable property, real estates, shares and stocks of the companies owned by the Department shall be transferred to the Company, including the powers of the Department associated to or related to the shares or stocks of any of the Subsidiaries stated in any legislation, rule or resolution. All the other assets and funds of the Department of Energy determined by a resolution from the Concerned Authority shall also be transferred to the Company. Main Office of the Company Article (4) The main office of the Company shall be located in the city of Abu Dhabi, and the Board of Directors may establish branches, offices or agencies thereof inside and outside the State. Capital of the Company Article (5) • The authorised capital of the Company is determined at AED (500,000,000) five hundred million Dirhams divided into (500,000,000) five hundred million shares. The nominal value of the share is one Dirham. • The issued capital is determined at AED (100,000,000) one hundred million Dirhams divided into (100,000,000) one hundred million shares. The nominal value of the share is one Dirham and all are nominal and fully paid shares. • All the Company’s shares are fully owned by the Holding Company. • The Board of Directors may increase or decrease the Company’s capital as determined in the Company’s Articles of Association after obtaining the approval of the Concerned Authority. • The Company’s shares may not be sold, assigned or mortgaged except under a resolution from the Concerned Authority as determined in the Articles of Association. Objectives of the Company Article (6) • The Company and any of its Subsidiaries shall carry out all the 24 competencies specified in the aforesaid Law No. (2) of 1998 or the laws, decrees or resolutions of incorporation of all the Subsidiaries and any other competencies determined by the Articles of Association of the Company or the Articles of Association of any of its Subsidiaries or any licences, permits or approvals issued for each. • The Company shall, in order to achieve its objectives, proceed with all the operations and actions required for the good performance of its functions and increase its revenues inside and outside the State, including without limitation: • Owning, renting and mortgaging movable and immovable property, vessels and tankers, borrowing funds, issuing pledges, guarantees and bonds, obtaining financial facilities, lending Subsidiaries or the companies owned by it and concluding contracts related thereto. • Contributing and encouraging the support of projects, works and activities that help the Company strengthen its position inside and outside the State. • Contributing to the financing of projects carried out by the Company, its Subsidiaries or other companies, in its capacity as shareholder, grantor of loans or guarantor of the same. The Company may own or issue debt securities and bonds of all types as decided by the Board of Directors following the approval of the Concerned Authority. • Establishing companies owned in whole by it or jointly with others. • Opening, managing and closing bank accounts, withdrawing, accepting and negotiating negotiable notes; issuing financial guarantees for the Subsidiaries or others; concluding loans as well as financial and credit facilities and financial derivatives contracts, and conducting the operations of treasury management of the funds of the Company and its Subsidiaries. • Purchasing shares, bonds and other securities related to the activity of the Company or any of its Subsidiaries and disposing of the same for the purpose of trading, risk management or any other objectives deemed convenient by the Company. • Laying down regulations related to employment, retirement, bonuses, incentives, entitlements, allowances and commissions of the employees of the Company and the Subsidiaries wholly owned by the Company, taking into account the legislations related to the retirement of the Nationals. • Contributing to, encouraging, supporting and providing in-kind and cash 25 grants for the projects, works and activities, including the non-profit and community projects, activities and initiatives. • Conducting all legal and judicial procedures and agreeing on compromise, settlement, arbitration, and dismissal of disputes, arbitration proceedings and mediation. • Carrying out all other works associated or related to the Company's objectives and activities or considered by the Board of Directors as essential or necessary to enable the Company or any of the Subsidiaries to achieve any of their objectives. Term of the Company Article (7) The term of the Company is ninety-nine (99) Gregorian years from the date of its registration in the Commercial Register, to be renewed automatically for a similar period according to the provisions of the Company's Articles of Association. Board of Directors Article (8) • The Company shall be managed by a Board of Directors consisting of at least five members, including the Chairman. The Company’s Articles of Association shall state the procedures of holding the meetings thereof and the method of voting on the resolutions. • The Company’s current Board of Directors shall, on the date this Law becomes effective, continue to carry out its competencies until a resolution is issued by the Concerned Authority for the reformation thereof. • The membership period of the Board of Directors is four years, renewed automatically unless a resolution is issued by the Concerned Authority for the reformation thereof. Competencies of the Board of Directors Article (9) • The Board of Directors is the competent authority to lay down the strategy of the public policy of the Company and the Subsidiaries wholly owned by it, and to follow up the implementation thereof to achieve its objectives, 26 and unless the Concerned Authority decides otherwise, the Board of Directors shall alone carry out all the objectives of the Company stated in this Law and in the Company’s Articles of Association. It may, in particular, without the need to obtain any additional approvals from any other entity: 1. Propose the strategic plans of the Company and the Subsidiaries wholly owned by it, get them approved by the Concerned Authority and oversee the implementation thereof. 2. Issue financial and administrative regulations, including human resources and operational regulations and the rules related to the procedures of tenders, bids, contracts and procurement of the Company and the Subsidiaries wholly owned by it, in a way enabling it to achieve its objectives, following their approval by the Concerned Authority. 3. Propose the organisational structure of the Company and the Subsidiaries, and issue the internal rules and regulations related to the employees and workers of the Company and its Subsidiaries wholly owned by it, and the rules related to the personnel matters, and get them approved by the Concerned Authority. 4. Propose the budget and financial accounts of the Company and the Subsidiaries for each fiscal year and submit them to the Concerned Authority for approval, without contradicting the rules of listing in the markets to which any of the Subsidiaries are listed. 5. Appoint a Chief Executive officer for the Company and dismiss the same. 6. Form Boards of Directors and appoint Directors and Chief Executives for any of the Subsidiaries wholly owned by the Company. The Board of Directors may entrust the management of any of the Subsidiaries wholly owned by the Company to a Committee formed by it or to a Board of Directors, Director or Chief Executive instead of the Board of Directors of each of them. 7. Divide, assign, transfer, merge, consolidate, sell, mortgage and restructure any of the Company's funds or assets or the funds or assets of any of its Subsidiaries wholly owned by it, waive the same or dispose of any of the same in all forms of legal disposal following approval by the Concerned Authority. 8. Allow the Company and its Subsidiaries to engage in any investment, borrowing or lending process or issue guarantees, collaterals, bonds, 27 Islamic Bonds or any other debt instruments as deemed convenient by the Board of Directors, as per the conditions, periods and volume of any of the investments, loans, bonds or Islamic Bonds, following their approval by the Concerned Authority. 9. Acquire and merge companies and establishments and determine the value of acquisition following the approval of the Concerned Authority. 10. Form permanent and temporary committees from among its members or others and determine the competencies thereof. It may also delegate some of its competencies to any of these committees. • The Board of Directors may delegate any of the competencies of the Board of Directors specified in this Law or the Articles of Association of the Company to any of the Board’s members or committees and the employees of the Company or the Subsidiaries, or others it deems convenient, and determine the principles and conditions to exercise such competencies. • The Concerned Authority shall form the General Assembly of the Company and the Board of Directors shall represent the Company in the General Assembly meetings of each of the Subsidiaries. Annual Reports Article (10) The Board of Directors shall submit an annual report to the Holding Company and the Concerned Authority at the end of every fiscal year, stating the companies, assets, projects and investments owned by the Company or in which the latter contributes. Auditor Article (11) The Company shall have one or more accredited auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Board of Directors according to the Company’s Articles of Association. The resolution issued in this regard shall specify the period of appointment and the remuneration of the auditor. 28 Fiscal Year Article (12) The fiscal year shall start on the first of January and end on the 31st of December of every Gregorian year. The Company’s Financial Resources Article (13) The Company’s financial resources shall consist of: • Annual or incidental appropriations allocated to it by the Government. • Returns on its investment of funds. • Share of the Company in the profits achieved by the Subsidiaries. • Income resulting from the provided services and the activities practiced thereby. • Any other resources approved by the Board of Directors. Final Provisions Article (14) • Any of the provisions of this Law shall not prejudice any of the licences, permits, exceptions or approvals issued by the Federal and local governmental entities in the State, which the Company and any of its Subsidiaries has on the date of issuance of this Law. These licences, permits, exceptions and approvals shall remain valid after this Law becomes effective. • The transfer of ownership of the assets, real estares, funds, shares or stock of the Company and its Subsidiaries from the Department to the Company or the Holding Company according to the provisions of this Law, shall not prejudice any of the obligations of the Company or the Subsidiaries according to the agreements, contracts and documents concluded by the Company or any of its Subsidiaries. It shall also not prejudice the direct contracts concluded by the Government concerning any of the independent producer projects in the State. • The Company and its Subsidiaries wholly owned by the Company shall not be subject to the legislations related to the procurement, tenders, bids, warehouses and financial systems in force in the Emirate. The Company and its Subsidiaries wholly owned by the Company shall be subject to the supervision of the Concerned Authority alone. 29 • The Company may finance its projects and any of the projects of the Subsidiaries wholly owned by it according to the rules, regulations and instructions determined by a resolution issued by the Concerned Authority upon the recommendation of the Board of Directors. • The profits achieved by the Company or any of its Subsidiaries wholly owned by it, shall be distributed as determined by the Concerned Authority upon the recommendation of the Board of Directors. Local Taxes and Fees Article (15) The Company and its Subsidiaries wholly owned by it, shall be exempt from all local taxes and fees. Entry into Force and Publication Article (16) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 10 January 2019 Corresponding to: 4 Jumada Al-Awwal 1440 Hijri 30 Law No. (5) of 2019 Concerning the Establishment of Abu Dhabi Social Support 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 Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (11) of 2018 concerning the establishment of the Department of Community Development; • Chairman of the Executive Council Resolution No. (59) of 2018 concerning Additional Competencies of the Department of Community Development; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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: 31 : Emirate The Emirate of Abu Dhabi. : Government The Government of Abu Dhabi. : Executive The Executive Council of the Emirate. Council : Department The Department of Community Development. : Authority Abu Dhabi Social Support Authority. : Director General The Director-General of the Authority. : Social Support The Financial or In-kind Support provided by the Government to Eligible Persons according to the rules and standards approved by the Executive Council. : Eligibility The amount determined by the Department as a Threshold minimum monthly average income, to be used as basis for eligibility of Social Support in case of non- achievement thereof. : Financial The cash amount granted to the Eligible Person, either Support periodically or intermittently. : In-kind Support Non-material assistance and aids granted to the Eligible Person. : Eligible Person Any individual or family who fulfil the conditions for obtaining Social Support. Article (2) • An authority called “Abu Dhabi Social Support Authority” shall be established pursuant to the provisions of this Law, shall have an independent legal personality and full legal capacity to act, and shall affiliated to the Department.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 2
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 2
This segment sets up public authorities, assigns their powers and reporting duties, and in the housing and food-safety laws restricts unlicensed activity, shared housing, and certain land use while allowing administrative fines and penalties for violations.
• The Executive Council may change the affiliation of the Authority to any entity determined by it. Article (3) The Authority’s Main Office shall be located in Abu Dhabi city and it may, upon a resolution issued by the Chairman of the Department, establish branches or offices inside or outside the Emirate following the approval of the Executive Council. 32 Article (4) • The Authority aims to provide Social Support to Eligible Persons and may, for this purpose: 1. Prepare the Authority’s strategy and general policy and submit them to the Department for approval thereof by the Executive Council. 2. Propose the rules and standards required for the provision of Social Support from the Government to the Eligible Persons, and submit them to the Department for approval by the Executive Council. 3. Provide Financial Support to the Eligible Persons according to the approved rules. 4. Conduct social research and studies related to its fields of work in coordination with the concerned entities, and may, for this purpose, request data and information from such entities. 5. Contribute with the concerned entities in the development of the necessary programmes to support the Eligible Persons and enable them to reach financial sufficiency and independence. 6. Prepare a record containing the data of Eligible Persons for Social Support programmes. 7. Spread the culture of financial management among the Eligible Persons, in order to enhance their financial awareness in coordination with the concerned entities. 8. Study all forms of Social Support and their financial and social effects and submit proposals thereon to the Department. 9. Consider the exceptional cases of the Social Support applications according to the rules approved by the Executive Council. 10. Decide upon the grievances filed by the people with interest to appeal against the resolutions issued by the Authority, according to the rules and procedures determined by the Director General. • The Executive Council may amend the functions of the Authority stated in this Law or any other legislation, through deletion, addition or transfer. • The Authority may delegate some of its competencies to any other governmental entity or outsource some of them to the private sector following the approval of the Executive Council. 33 Article (5) • The Authority may have a Chairman appointed by a resolution of the Chairman of the Executive Council who shall be supervising the functions and tasks of the Authority and its Director General. • The Executive Council may assign any other competencies or tasks to the Chairman of the Authority. Article (6) • The Authority shall have a Director-General appointed by a resolution of the Chairman of the Executive Council who shall steer and supervise the Authority’s functions, and may in particular: 1. Suggest the strategic and executive plans of the Authority and submit them for approval according to the legislations in force. 2. Follow up on the implementation of the strategic and executive plans of the Authority and the programmes and projects supervised or implemented by it. 3. Manage, develop and implement all strategic and executive plans entrusted to the Authority, either directly or through the work teams appointed or assigned with tasks, without contradicting the legislations in force. 4. Suggest initiatives, programmes, projects, studies and recommendations related to the Authority’s functions and activities and present them for approval according to the procedures followed in the Department. 5. Suggest the annual draft budget of the Authority and submit it for approval according to the legislations in force. 6. Suggest the organisational structure for the Authority and submit it for approval according to the legislations in force. 7. Appoint experts, consultants and technicians on a temporary or permanent basis and determine their fees. He may also refer to experts and consulting establishment and offices as he deems proper. 8. Open bank accounts in the name of the Authority according to the legislations in force. 34 9. Form committees and internal work teams from among the employees of the Authority and outside the Authority, and determine their tasks and work procedures. 10. Suggest legislations, regulatory and executive regulations, systems, policies, resolutions and circulars, including the violations and administrative fines related to the functions of the Authority and submit them for approval according to the legislations in force. 11. Suggest fees, tariffs and prices related to the functions of the Authority and submit them for approval according to the legislations in force. 12. Represent the Authority before the Courts and third parties. 13. Any other competencies or tasks assigned by the Executive Council. • The Director-General may delegate some of his functions to any senior employee in the Authority, provided that the delegation is in writing. • The Executive Council may delegate any of the Director General’s competencies to any committees or work teams appointed from inside or outside the Authority. Article (7) • The Authority may have a Board of Trustees of not less than three and not exceeding seven members, including the Chairman of the Board of Trustees, whose appointment and remuneration are determined by an Executive Council resolution. • The Board of Trustees shall provide advice and consultancy to each of the Department and the Authority concerning all or some of the competencies of the Authority and shall make recommendations and suggestions concerning the plans, programmes, projects and activities supervised, managed or implemented by it. • The Board of Trustees shall hold its meetings according to the rules and regulations approved by the Chairman of the Department. • The Chairman of the Department may assign the Board of Trustees to follow up on the functions of the Director-General if necessary. 35 Article (8) The Authority shall submit to the Department every three months, or whenever it is required, a report on its functions, achievements, budget, administrative and financial affairs as well as the progress achieved in the implementation of the competencies and tasks assigned to it. Article (9) The Department may, by a resolution from its Chairman, provide logistical support and all operational functions related to the supporting services, including human resources, financial affairs, procurement, electronic systems and other functions and services related to the corporate affairs of the Authority. Article (10) The Authority’s financial resources shall consist of: • Annual appropriations allocated thereto by the Government. • Donations and contributions offered thereto following the approval of the Executive Council. • Any other revenues approved by the Executive Council. Article (11) The fiscal year of the Authority shall begin from the first of January and end on December 31st each year, with the exception of the first fiscal year which shall begin from the date of entry into effect of this Law and end on December 31st of the following year. Article (12) The Authority shall have one or more accredited external auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Chairman of the Department according to the legislations in force at the Emirate, specifying as well their remuneration. 36 Article (13) • The Authority shall be subject to the financial laws and rules in force in the Emirate. • The Authority’s employees shall be subject to the human resources laws and rules in force in the Emirate. • The national employees shall be subject to the Civil Retirement Pensions and Benefits Law in force in the Emirate. Article (14) Any provision that is contrary to or inconsistent with the provisions of this Law shall be repealed. Article (15) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 31 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 37 Law No. (6) of 2019 Concerning The Establishment of the Community Contributions Authority “Ma’an” 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 Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (12) of 2018 concerning the establishment of the Department of Community Development; • Chairman of the Executive Council Resolution No. (59) of 2018 concerning Additional Competencies of the Department of Community Development; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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: : Emirate The Emirate of Abu Dhabi. : Government The Government of Abu Dhabi. : Executive The Executive Council of the Emirate. Council : Department The Department of Community Development. 38 : Authority Community Contributions Authority “Ma’an”. : Director-General The Director-General of the Authority. Article (2) • An authority called “Community Contributions Authority (Ma’an)” shall be established pursuant to the provisions of this Law, shall have an independent legal personality and full legal capacity to act, and shall be affiliated to the Department. • The Executive Council may change the affiliation of the Authority to any entity determined by it. Article (3) The Authority’s Main Office shall be located in Abu Dhabi City and it may, upon a resolution issued by the Chairman of the Department, establish branches or offices inside or outside the Emirate following the approval of the Executive Council. Article (4) • The Authority shall assume the following competencies: 1. Collecting financial and in-kind contributions provided by the governmental entities, establishments, institutions, the private sector and individuals, as part of their responsibility towards the community, to spend or direct the same for community service. 2. Building and developing an integrated system for community service work including the mechanisms for providing financial and non-financial support such as providing expertise, training and the establishment, sponsorship and development of facilities aiming to serve the community. 3. Activating community responsibility in the Emirate by creating innovative solutions and projects to serve the community. 4. Organising and laying down cooperation frameworks between the governmental entities, the private sector and the civil society institutions including the laying down of contractual frameworks and models for community service projects and monitoring their implementation. 5. Promoting awareness of social needs and services and community 39 contributions in coordination with the concerned entities. 6. Creating and developing opportunities to participate in and carry out community volunteer work in the private sector in coordination with the concerned entities. 7. Creating and managing a portfolio aiming to attract social contributions from various sources and investing them in social projects, which contribute in facing the social challenges and needs, in coordination with the concerned entities. 8. Promoting the principles of tolerance and community responsibility through awareness programmes and community contribution programmes with the concerned entities. 9. Establishing partnerships with local, Federal and international community establishments and entities in all areas related to its objectives. • The Executive Council may amend the competencies of the Authority stated in this Law or any other legislation, through deletion, addition or transfer. • The Authority may delegate some of its competencies to any other governmental entity or outsource some of them to the private sector following the approval of the Executive Council. Article (5) • The Authority may have a Chairman appointed by a resolution of the Chairman of the Executive Council who shall supervise the competencies and tasks of the Authority and its Director- General. • The Executive Council may assign any other competencies or tasks to the Chairman of the Authority. Article (6) • The Authority shall have a Director-General appointed by a resolution of the Chairman of the Executive Council who shall steer and supervise the Authority’s functions, and may in particular: 1. Suggest the strategic and executive plans of the Authority and submit them for approval according to the legislations in force. 40 2. Follow up on the implementation of the strategic and executive plans of the Authority and the programmes and projects supervised or implemented by it. 3. Manage, develop and implement all strategic and executive plans entrusted to the Authority, either directly or through the work teams appointed or assigned with tasks, without contradicting the legislations in force. 4. Suggest initiatives, programmes, projects, studies and recommendations related to the Authority’s functions and activities and submit them for approval according to the procedures followed in the Department. 5. Suggest the annual draft budget of the Authority and submit it for approval according to the legislations in force. 6. Suggest the organisational structure of the Authority and submit it for approval according to the legislations in force. 7. Appoint experts, consultants and technicians on a temporary or permanent basis and determine their fees. He may also seek the assistance of experts and consultation establishment and offices as he deems proper. 8. Open bank accounts in the name of the Authority according to the legislations in force. 9. Form committees and internal work teams from among the employees of the Authority and outside the Authority, and determine their tasks and work procedures. 10. Suggest legislations, regulatory and executive regulations, systems, policies, resolutions and circulars, including violations and administrative fines related to the competencies of the Authority and submit them for approval according to the legislations in force. 11. Suggest fees, tariffs and prices related to the competencies of the Authority and submit them for approval according to the legislations in force. 12. Represent the Authority before the Courts and third parties. 13. Any other competencies or tasks assigned by the Executive Council. • The Director General may delegate some of his functions to any senior employee in the Authority, provided that the delegation is in writing. • The Executive Council may delegate any of the Director General’s functions to any committees or work teams appointed from inside or outside the Authority. 41 Article (7) • The Authority may have a Board of Trustees of not less than three and not exceeding seven members, including the Chairman of Board of Trustees, whose appointment and remuneration are determined by an Executive Council resolution. • The Board of Trustees shall provide advice and consultancy to each of the Department and the Authority concerning all or some of the competencies of the Authority and shall make recommendations and suggestions concerning the plans, programmes, projects and activities supervised, managed or implemented by it. • The Board of Trustees shall hold its meetings according to the rules and regulations approved by the Chairman of the Department. • The Chairman of the Department may assign the Board of Trustees to follow up on the functions of the Director-General if necessary. Article (8) The Authority shall submit to the Department every three months, or whenever required by the latter, a report on its functions, achievements, budget, administrative and financial affairs as well as the progress achieved in the implementation of the competencies and tasks assigned to it. Article (9) The Department may, by a resolution from its Chairman, provide logistical support and all operational functions related to the supporting services, including human resources, financial affairs, procurement, electronic systems and other functions and services related to the corporate affairs of the Authority. Article (10) • Without prejudice to any more severe penalty set forth in another Law, an administrative fine shall be imposed on whomever violates the provisions of the legislations, regulatory and executive regulations, rules, policies, resolutions and circulars issued by the Department related to the competencies of the Authority. • The Authority shall collect the administrative fines and the Chairman of the 42 Department shall issue, following the approval of the Executive Council, a table specifying the violations and administrative fines prescribed for each, without exceeding the fine limit set forth in the aforesaid Law No. (12) of 2018. • The regulatory and executive regulations issued by the Department shall determine the conciliation procedures, admnistrative penalties and the procedures and rules of application and appeal thereof. Article (11) The Chairman of the Judicial Department - Abu Dhabi shall issue, in agreement with the Chairman of the Department, a resolution specifying the employees of the Authority who have the capacity of law enforcement judicial officers for the crimes falling within their jurisdiction. They shall have the right of inspection and control to ensure that all entities, companies and persons abide by the provisions of the concerned legislations related to the competencies of the Authority. Article (12) The Authority’s financial resources shall consist of: • Annual appropriations allocated thereto by the Government. • Any other revenues approved by the Executive Council. Article (13) The fiscal year of the Authority shall begin on the first of January and end on December 31st each year, with the exception of the first fiscal year which shall begin from the date of entry into effect of this Law and end on December 31st of the following year. Article (14) The Authority shall have one or more accredited external auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Chairman of the Department according to the legislations in force at the Emirate, specifying as well their remuneration. 43 Article (15) • The Authority shall be subject to the financial laws and rules in force in the Emirate. • The Authority’s employees shall be subject to the human resources laws and rules in force in the Emirate. • The national employees shall be subject to the Civil Retirement Pensions and Benefits Law in force in the Emirate. Article (16) Any provision that is contrary to or inconsistent with the provisions of this Law shall be repealed. Article (17) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 31 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 44 Law No. (7) of 2019 Concerning the Establishment of Abu Dhabi Agriculture and Food Safety 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 2005 concerning the establishment of Abu Dhabi Food Control Authority and its amendments; • Law No. (2) of 2008 concerning Food in the Emirate of Abu Dhabi; • Law No. (4) of 2009 concerning the establishment of the Farmers' Services Centre in the Emirate of Abu Dhabi; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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. : Government The Government of Abu Dhabi. 45 : Executive The Executive Council of the Emirate. Council : Authority Abu Dhabi Agriculture and Food Safety Authority. : Board of The Authority's Board of Directors. Directors : Concerned The relevant Federal and local entities. Entities : Agriculture All plant and animal activities associated with Food Chain. : Food Chain All stages of Food, starting from feed through Initial Production until delivery to consumers, including the stages of manufacture, preparation, processing, packaging, filling, transport, storage, distribution, display and sale. : Initial The stages preceding the manufacturing and processing Production of Food, including the cultivation, harvest, Farm Animals husbandry, milking, hunting wild Animals, fishing, aquaculture, collecting and harvesting wild products. : Agricultural Material or mixture of biological materials or inputs used Production in the direct management of Plants and Animals, may be Inputs applied on the land, water, Plants and Animals, including the Agricultural Production Inputs, pesticides including biocides, chemical pesticides, insect growth regulators, veterinary medicines including vaccines and hormones, in addition to biological control elements, fertilisers, feed and pheromones. : Biosecurity The integrated strategic approach for the analysis and management of risks related to human, animals and plants health, including environmental-related risks. : Food Security A situation where human beings may, at all times, have material and economic access to sufficient and valuable Food that meet their nutritional needs for a healthy and active life. : Animals All species of mammals, birds, fish, bees and reptiles associated with the Food Chain. 46 : Plants Live plants or any part thereof, including seeds. : Food Any material or part of material, intended for human consumption by eating or drinking, whether raw, manufactured or semi-manufactured, including beverages, bottled water, chewing gums, as well as any material involved in the manufacturing, preparation and processing of Food, excluding cosmetics, tobacco or materials used only as drugs. : Food Safety A guarantee that the Food does not cause damage to the consumer when traded or consumed. : Facility The legal person licensed to exercise any agricultural or Food activity, whether through a permanent or temporary mobile or immobile utility. : Farm The ground area intended for use in the field of Animals, Plants or both. : Ranch The ground area leased as shelter for the breeding or production of Animals authorised for breeding or production. Article (2) • An authority called “Abu Dhabi Agriculture and Food Safety Authority” shall be established pursuant to the provisions of this Law, shall have an independent legal personality and full legal capacity to act, and it shall be affilied to the Executive Council. • The Authority shall replace Abu Dhabi Food Control Authority and the Farmers’ Services Centre in the Emirate of Abu Dhabi and all their affiliated centres, such as the Food Security Centre and others. All their assets, rights and obligations shall be transferred to the Authority, which shall be considered the legal successor thereof. • The employees and workers of Abu Dhabi Food Control Authority and the Farmers’ Services Centre in the Emirate of Abu Dhabi and the employees of all their affiliated centres shall be transferred to the Authority, without prejudice to their financial rights. 47 Article (3) The Authority’s Main Office shall be located in Abu Dhabi City and the Board of Directors may establish centres, branches or offices inside or outside the Emirate following the approval of the Executive Council. Article (4) • The Authority shall be the local authority concerned with Agriculture, Food safety, Food Security and Biosecurity in the Emirate. It aims to develop a sustained development sector in the field of Agriculture, Food Safety, protection of the plants and animals health, in a way promoting Biosecurity and achieving Food Security. It may, in order to achieve its objectives, exercise the following powers and competencies: 1. Preparing the general policy and strategies of the Authority’s field of functions and submitting them to the Executive Council for approval. 2. Preparing plans, programmes and activities in the field of Agriculture, Food safety and Food Security. 3. Entering into partnerships and investments with investment funds, investors and the private sector in the fields of work of the Authority, supervising the plans and programmes related thereto and ensuring that they are compatible with the Government’s directions. 4. Issuing the necessary permits and licences to exercise any activity related to Agriculture or Food according to the legislations in force. 5. Controlling and inspecting Facilities, Farms and Ranches in the Emirate, the Agricultural Production Inputs in all stages of use thereof, and the Food and agricultural products imported, exported or produced inside the State and traded in the Emirate, including the control of residues of pesticides and veterinary medicines according to the legislations in force. 6. Supervising the establishment and management of the emergency Food reserves in cooperation with the Concerned Entities. 7. Conducting applied studies and researches related to its fields of work. 8. Coordinating with the Concerned Entities to review the plans and 48 programmes related to the agricultural services in the Emirate. 9. Creating marketing and promotional channels for the local agricultural products. 10. Laying down plans and Biosecurity programmes to preserve the animal and plant health, and supervising and controlling the implementation thereof in coordination with the Concerned Entities. 11. Raising awareness and educating the various segments of society concerning Agriculture and Food safety and introducing the Authority and its objectives to the public. 12. Organising agricultural and Food support programmes in the Emirate. 13. Organising conferences, exhibitions and festivals related to its functions or participating therein. 14. Cooperating and coordinating with the Concerned Entities on the listing of Food Security and Biosecurity requirements within their plans, preparing and implementing the necessary plans for the management of accidents, crises and emergencies related to the Authority’s competencies. 15. Controlling and inspecting the Food safety requirements, Biosecurity and Food Security in slaughterhouses of all types and agricultural and animal markets in the Emirate. 16. Promoting sustainable agricultural development through the protection of natural resources related to the Authority’s functions and working on raising the level of guiding services. 17. Cooperating and coordinating with the research and studies centres, universities and organisations concerned with the fields of the Authority’s functions. 18. Concluding agreements and memoranda of understanding with the relevant entities inside or outside the Emirate according to the rules in force. 19. Any other competencies or tasks assigned to the Authority by the Executive Council. 49 • The Executive Council may amend the competencies of the Authority stated in this Law or any other legislation, through deletion, addition or transfer. • The Authority may delegate some of its competencies to any other governmental entity or outsource some of them to the private sector following the approval of the Executive Council. Article (5) • The Authority shall be managed by a Board of Directors consisting of at least five members, including the Chairman, who are appointed by virtue of a resolution of the Chairman of the Executive Council. • The term of the Board's membership shall be three years renewable for similar periods. • The remuneration of the Board of Directors shall be determined by an Executive Council resolution. • The Chairman of the Board may invite any expert it deems convenient to attend its meetings without having the right to vote. • The internal rules and regulations shall determine the procedures of the Board of Directors’ meetings and the method of voting on its resolutions. Article (6) • The Board of Directors shall be the competent authority to manage and steer the Authority’s affairs and shall have all necessary competencies for the same according to the provisions of this Law. It may, in particular: 1. Approve the Authority’s general policy and strategies and submit them to the Executive Council for approval and follow up the implementation thereof to achieve its objectives. 2. Approve the legislations related to the Authority’s functions and submit them to the Executive Council according to the legislations in force. 3. Approve the organisational structure of the Authority and submit it to the Executive Council for approval according to the rules in force. 4. Approve the fees, tariffs and prices related to the competencies of the Authority and submit them to the Executive Council for approval. 50 5. Approve the annual draft budget and submit it to the Executive Council for approval. 6. Approve the financial statements of the Authority according to the legislations in force. 7. Form permanent and temporary committees from among its members or others to carry out the tasks assigned to them. 8. Any other competences or tasks assigned by the Executive Council. • The Board of Directors may delegate some of its powers to the Director General of the Authority as may be required by the need and benefit of the work. Article (7) • The Authority shall have a Director-General appointed by a resolution of the Chairman of the Executive Council who shall steer and supervise the Authority’s daily work, and shall in particular: 1. Propose the strategic and executive plans of the Authority according to the legislations in force. 2. Manage, develop, follow up and implement all strategic and executive plans and tasks entrusted to the Authority, either directly or through the work teams appointed or assigned with tasks, without contradicting the legislations in force. 3. Propose initiatives, programmes, projects, studies, policies and recommendations related to the Authority’s functions and activities and present them for approval according to the rules in force and follow up the implementation thereof. 4. Propose the annual draft budget of the Authority and submit it for approval according to the legislations in force. 5. Prepare the financial statements of the Authority and submit them to the Board of Directors. 6. Propose the organisational structure of the Authority and submit it for approval according to the legislations in force. 51 7. Propose legislations, regulatory and executive regulations, rules, policies, resolutions and circulars, including the violations and administrative fines related to the competencies of the Authority and submit them to the Board of Directors. 8. Propose fees, tariffs and prices related to the competencies of the Authority and submit them for approval according to the legislations in force. 9. Open bank accounts in the name of the Authority according to the legislations in force. 10. Form committees and internal work teams from among the employees of the Authority and outside the Authority, and determine their tasks and work procedures. 11. Represent the Authority before the Courts and third parties. 12. Any other functions or tasks assigned by the Board of Directors. • The Director General may delegate some of his competencies to any senior employee in the Authority, provided that the delegation is in writing. Article (8) The Authority’s financial resources shall consist of: 1. Annual appropriations allocated thereto by the Government. 2. Revenues earned from the income of services provided through the exercise of its activities and functions. 3. Donations, grants, contributions or any other revenues approved by the Executive Council. Article (9) The Authority's fiscal year shall start on the first of January and end on the 31st of December of every year, except for the first fiscal year that shall start on the date of entry of this Law into effect and end on the 31st of December of the following year. 52 Article (10) The Authority shall have one or more accredited external auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Board of Directors according to the legislations in force, specifying as well their remuneration. Article (11) All persons, entities and government and private companies shall provide the Authority with the documents and information required to assume or perform its competencies. Article (12) • The Authority shall be subject to the financial laws and rules in force in the Emirate. • The Authority’s employees shall be subject to the human resources laws and rules in force in the Emirate. • The National employees shall be subject to the Civil Retirement Pensions and Benefits Law in force in the Emirate. Article (13) The Chairman of the Judicial Department - Abu Dhabi shall issue, in agreement with the Chairman of the Board of Directors, a resolution specifying the employees of the Authority who have the capacity of law enforcement judicial officers for the crimes falling within their jurisdiction. They shall have the right of inspection and control to ensure that all entities, companies and persons abide by the provisions of the legislations related to the competencies of the Authority. Article (14) No natural or legal person shall: 1. Exercise any commercial, industrial or professional activity related to Agriculture, Food or any activity related to the Authority’s competency, 53 without obtaining the necessary licences or permits from the Authority. 2. Exercise any work that would lead to the spread of pests, epidemics and diseases, which disrupts the Biosecurity system and damages the human, animal or plant health. 3. Trade - without a permit or licence from the Authority - in all the Agricultural Production Inputs, irrigation water, veterinary medicines, feed or any materials or commodities, whether subsidised or not, or any other services provided by the Authority to the customers. Article (15) Without prejudice to any more severe penalty set forth in another law, whoever violates the provisions of Clauses (2) and (3) of Article (14) shall be punished by imprisonment for a period of not less than three months and a fine not less than one hundred thousand Dirhams or by one of these penalties. Article (16) • Without prejudice to any more severe penalty set forth in another Law, an administrative fine not exceeding AED (10,000,000) ten million Dirhams shall be imposed on whomever violates the provisions of this Law and its regulatory and executive regulations, rules, policies, resolutions and circulars implementing the same. • The Authority shall collect the administrative fines and the Chairman of the Board of Directors shall issue, following the approval of the Executive Council, a table specifying the violations and administrative fines prescribed for each, without exceeding the fine limit set forth in this Article. • The law enforcement judicial officers may offer reconciliation to the violator, provided that it is evidenced in the minutes of proceedings. The violator who accepts reconciliation shall pay a fine equivalent to (75%) of the total administrative fine specified for the violation, within a period not exceeding sixty days from the date of offering reconciliation thereto. 54 • In all events, if the violator does not remove the effects of the violation in a timely manner, the Authority shall remove them at the violator's expense. The regulatory and executive regulations of this Law shall determine the said reconciliation procedures including its time limits. Article (17) • The Authority may impose any of the following administrative penalties: 1. Informal verbal warning. 2. Warning. 3. Placing the Facility under financial, administrative and technical supervision. 4. Suspending the Facility’s activity temporarily. 5. Suspending any services or programmes provided by the Authority to the Facility, Farm or Ranch on a temporary or permanent basis. 6. Cancelling or suspending the licence. 7. Closing the Facility on a temporary or permanent basis. • A grievance may be filed against administrative penalties before the Authority within sixty days from the date of notification of the applicant thereof. The non-settlement of the appeal within ninety days from the date of filing it shall be considered as an acceptance thereof. • The regulatory and executive regulations of this Law shall determine the procedures and rules of application of the administrative procedures set forth above. Article (18) • The Board of Directors shall issue, following the approval of the Executive Council, the regulatory and executive regulations of this Law. • The Board of Directors shall issue the executive and operational policies, rules, resolutions and circulars necessary for the implementation of the provisions of this Law. • The current policies, rules, regulations, resolutions and circulars shall 55 continue to be valid to the extent that it does not contradicting the provisions of this Law, until the issuance of the policies, regulations, rules and resolutions implementing the provisions thereof. Article (19) • The aforesaid Law No. (2) of 2005 shall be repealed. • The aforesaid Law No. (4) of 2009 shall be repealed. • Any provision that is contrary to or inconsistent with the provisions of this Law shall be repealed. Article (20) This Law shall be published in the Official Gazette and shall be effective from the date of its publication. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 31 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 56 Law No. (8) of 2019 Concerning the Regulation of Occupancy of Properties and Residential Units in the Emirate of Abu Dhabi 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. (4) of 1983 concerning the organisation of Construction Works in the Emirate of Abu Dhabi and its amendments; • Law No. (19) of 2005 concerning Real Estate Ownership and its amendments; • Law No. (10) of 2006 concerning Al Dhafra Municipality and Municipal Council in the Emirate of Abu Dhabi and its amendments; • Law No. (20) of 2006 concerning the Lease of Premises and Regulation of the Relationship between Landlords and Tenants in the Emirate of Abu Dhabi and its amendments; • Law No. (10) of 2007 concerning Abu Dhabi City Municipality and Municipal Council in the Emirate of Abu Dhabi and its amendments; • Law No. (11) of 2007 concerning Al Ain City Municipality and Municipal Council in the Emirate of Abu Dhabi and its amendments; • Law No. (1) of 2011 concerning the Organisation of Occupancy of Residential Units and Use of Properties allocated for Nationals in the Emirate of Abu Dhabi; • Law No. (5) of 2018 concerning the establishment of the Department of Urban Planning and Municipalities; • Chairman of the Executive Council Resolution No. (20) of 2018 concerning Additional Competencies of the Department of Urban 57 Planning and Municipalities; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 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: : Emirate The Emirate of Abu Dhabi. : Government The Government of Abu Dhabi. : Executive The Executive Council of the Emirate. Council : Department The Department of Urban Planning and Municipalities. : Competent The Municipality within the geographical jurisdiction of Authority which the property or Residential Units is located. : Properties The various types of Properties including lands, buildings and utilities. : Residential The building or any part thereof designed for residence Unit purpose. : Shared The residence of a group of persons in a property or Housing Residential Unit in a manner that is not compatible with its area and nature of Services allocated thereto and violating the safety and security procedures, prevailing customs and public decency or contradicting the principles of public morals and ethics prevailing in the State. : Landlord The natural or legal person owning, by law or agreement, the right to dispose of the property and whomever the property ownership is transferred to during the period of the lease, or the person acting on his behalf or legally representing him. This shall include the Tenant authorised by the Landlord to sublease. 58 : Tenant Every natural or legal person engaged with the Landlord with a lease contract of a Residential Unit, whether occupying such unit or not. : Families A group of people related to each other whether by blood or marriage. : Occupant Every natural person residing in the Residential Unit on a permanent or temporary basis. : Certificate of The certificate issued by the Competent Authority to allow Occupancy occupancy of the building. : Services Including gas, electricity, water or any public service provided to the Property or Residential Unit. : Service Entities and companies delivering Services to the Providers Properties and Residential Units. : Nationals Housing granted by the government to the Nationals Housing according to the legislations in force. : Licensed A residential unit that is licensed by the Competent Annex Authority, annexed to the Nationals Housing and having an independent entrance. : Humanitarian Situations where the health status of one of the residents Situations necessitates the provision of Services according to the rules determined by the Department. Article (2) The provisions of this Law shall apply to all Properties and Residential Units and their Landlords, Tenants and Occupants in the Emirate. Article (3) The Properties, Residential Units and Nationals Housing shall be occupied according to the purpose for which they were designed, without contradicting the provisions of this Law, the resolutions implementing the same and the legislations in force. 59 Article (4) 1. The Landlords of Properties, Residential Units and Nationals Housing shall not: • Occupy the same before issuance of the Certificate of Occupancy, in case of expiry of its validity or issuance of a decision to cancel the same. • Lease the Nationals Housing, except for the Licensed Annex. • Occupy, use or lease the Properties for which demolition permits are issued in whole or in part. • Lease them to non-families in residential areas determined by a resolution issued by the Chairman of the Department. 2. As an exception to paragraph 4 of Clause (1) of this Article, the Properties and Residential Units may be leased to the categories to be determined by a resolution from the Chairman of the Department. Article (5) 1. Shared Housing shall be prohibited in Properties and Residential Units in the Emirate. 2. A resolution by the Chairman of the Department shall determine the specifications of the Residential Unit and the number of Occupants thereof according to its space and in accordance with the safety and security procedures as well as the prevailing public morals in the State. Article (6) The property owner (Landlord) shall be considered, in case of his knowledge, as having participated in the violation if it was proved that the Tenant occupied or subleased the property in violation to this Law and its executive regulation. Article (7) • Without prejudice to any more severe punishment provided by another Law, an administrative fine not exceeding AED (1,000,000) one million Dirhams shall be imposed on whomever violates the provisions of this Law and its executive regulations, and resolutions implementing the same. • The Competent Authority shall collect the administrative fines and the 60 Chairman of the Department shall issue, following the approval of the Executive Council, a table specifying the violations and administrative fines prescribed for each, without exceeding the fine limit set forth in this Article. • The Chairman of the Department or his delegate may offer reconciliation to the violator, provided that it is proved in the minutes of proceedings. The violator who accepts reconciliation shall pay a fine equivalent to (75%) of the total administrative fine specified for the violation, within a period not exceeding sixty days from the date of offering reconciliation thereto. • In all events, if the violator does not remove the effects of the violation in a timely manner, the Department shall remove them at the violator's expense. • The executive regulation of this Law shall determine the said reconciliation procedures including its time limits. Article (8) • The Competent Authority may impose any of the following administrative penalties: a- Informal verbal warning. b- Warning. c- Cutting off the Services provided to the Property, Residential Unit or licensed annex in coordination with the Service Providers, provided that the following conditions are met: • Obtaining the approval of the Chairman of the Department. • Ensuring the absence of Humanitarian Cases in the property or Residential Unit. • Notifying the violator (60) days at least before cutting off the Services. • A grievance may be filed against administrative penalties before the Competent Authority within one week from the date of notification of the applicant thereof. The non-settlement of the grievance within one week from the date of filing it shall be considered as an acceptance thereof. • The executive regulation of this Law shall determine the procedures and rules of implementing the aforesaid administrative penalties. 61 Article (9) The Chairman of the Department shall issue the Executive Regulation of this Law following the approval of the Executive Council. The Chairman of the Department shall issue the resolutions necessary for the implementation of the provisions of this Law. Article (10) The regulations and resolutions issued in implementation of the provisions of the aforesaid Law No. (1) of 2011 shall remain effective without prejudice to the provisions of this Law until the issuance of the executive regulation and resolutions implementing the provisions thereof. Article (11) • The aforesaid Law No. (1) of 2011 shall be repealed. • Any provision that is contrary to or inconsistent with the provisions of this Law shall be repealed. Article (12) This Law shall be published in the Official Gazette and shall be effective from the date of its publication. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 31 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 62 Decrees 63 seerceD Amiri Decree No. (1) of 2019 Concerning The Reformation of the Executive Council of the Emirate of Abu Dhabi 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; • Amiri Decree No.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 3
This segment sets up or reforms several Abu Dhabi bodies and states one compliance rule: governmental entities and companies in Abu Dhabi must not deal with unaccredited land surveying companies or surveyors for surveying work.
(12) of 2017 concerning the appointment of the Chairman of the Executive Council of the Emirate of Abu Dhabi; • Amiri Decree No. (13) of 2017 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi; and • Based on what presented by the Chairman of the Executive Council, Issued the following Decree: Article (1) The Executive Council of the Emirate of Abu Dhabi shall be reformed under the Chairmanship of H.H. Sheikh Mohamed bin Zayed Al Nahyan, Crown Prince, and the membership of their Highnesses and Excellencies, as follows: 1. H.H. Sheikh Hazza bin Zayed Al Nahyan, Vice-Chairman 2. H.H. Sheikh Tahnoon bin Zayed Al Nahyan, Member 3. H.H. Sheikh Hamed bin Zayed Al Nahyan, Chairman of the Crown Prince Court, Member 4. H.H. Sheikh Mohammed bin Khalifa bin Zayed Al Nahyan, Member 5. H.H. Sheikh Khaled bin Mohamed bin Zayed Al Nahyan, Member 6. H.H. Sheikh Thiab bin Mohamed bin Zayed Al Nahyan, Chairman of the Department of Transport, Member 7. H.E. Sheikh Sultan bin Tahnoon Al Nahyan, Member 8. H.E. Dr. Ahmed Mubarak Al Mazrouei, Secretary-General of the Executive Council, Member 9. H.E. Khaldoun Khalifa Al Mubarak, Chairman of the Executive Affairs 65 Authority, Member 10. H.E. Jassem Mohammed Bu Ataba Al Zaabi, Chairman of Abu Dhabi Executive Office, Member 11. H.E. Dr. Mugheer Khamis Al Khaili, Chairman of the Department of Community Development, Member 12. H.E. Sheikh Abdullah bin Mohammed Al Hamed, Chairman of the Department of Health, Member 13. H.E. Engineer Oweidah Murshed Al Murar, Chairman of the Department of Energy, Member 14. H.E. Saif Mohammed Al Hajiri, Chairman of the Department of Economic Development, Member 15. H.E. Falah Mohammed Al-Ahbabi, Chairman of the Department of Urban Planning and Municipalities, Member 16. H.E. Mohamed Khalifa Al Mubarak, Chairman of the Department of Culture and Tourism, Member 17. H.E. Maj.Gen. Faris Khalaf Al Mazrouei, Commander-in-Chief of Abu Dhabi Police, Member 18. H.E. Sara Awad Issa Mussallam, Chairwoman of the Department of Education and Knowledge, Member Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 21 January 2019 Corresponding to: 15 Jumada Al Awwal 1440 Hijri 66 Amiri Decree No. (2) of 2019 Concerning The Assignment as Acting Chairman of the Department of Finance 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; • Amiri Decree No. (1) of 2019 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi; and • Based on what was presented by Chairman of the Executive Council, Issued the following Decree: Article (1) H.E. Jassem Mohammed Bu Ataba Al Zaabi shall be assigned as Acting Chairman of the Department of Finance. Article (2) This Decree shall be effective from the date of its publication and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 21 January 2019 Corresponding to: 15 Jumada Al Awwal 1440 Hijri 67 Amiri Decree No. (4) of 2019 concerning The Declaration of Al Yasat Region a Marine Protected Area 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. (16) of 2005 concerning the reorganisation of the Environment Agency - Abu Dhabi, and its amendments; • Amiri Decree No. (33) of 2005 concerning the declaration of Al Yasat Region a Marine Protected Area and its amendments; • Federal Law No. (23) of 1999 concerning the Exploitation, Protection and Development of the Living Aquatic Resources in the State of the United Arab Emirates, and its amendments; • Federal Law No. (24) of 1999 concerning the Protection and Development of the Environment, and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Decree: Article (1) Al Yasat Region shall be declared as a Marine Protected Area covering a total area of (2256) sq. km within the boundaries of which coordinates are shown according to the map attached. Article (2) Subject to the applicable legislations, the Environment Agency-Abu Dhabi shall assume the management of the Protected Area mentioned in the 68 previous Article by determining any act or disposition that is prohibited therein and licensing the activities, dispositions or works in the surroundings of the protected area after conducting and approving the study of the environmental impact assessment. Article (3) • The aforementioned Amiri Decree No. (33) of 2005 shall be repealed. • Every provision that is contrary to or inconsistent with the provisions of this Decree shall be repealed. Article (4) This Decree shall be published in the Official Gazette and shall be effective from the date of its publication. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 30 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 69 Crown Prince Chairman of the Executive Council Resolutions 71 eht fo namriahC ecnirP nworC snoituloseR licnuoC evitucexE Chairman of the Executive Council Resolution No. (1) of 2019 Concerning the Reformation of the Board of Directors of Abu Dhabi Global Market We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, 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. (4) of 2013 concerning Abu Dhabi Global Market; • Chairman of the executive Council Resolution No. (36) of 2013 concerning the formation of the Board of Directors of Abu Dhabi Global Market; and • Based on what was presented and approved by the Executive Council, Issued the following Resolution: Article (1) The Board of Directors of Abu Dhabi Global Market shall be reformed under the Chairmanship of H.E. Ahmed Ali Mohammed Al Sayegh, and the membership of Their Excellencies: 1. Saif Mohammed Ali Al Hajeri 2. Waleed Ahmed Al Mokarrab Al Muhairi 3. Mohammed Najm Mohammed Al Qubaisi 4. Hamad Shahwan Srour Al Dhaheri Article (2) The term of the board's membership shall be five renewable years. 73 Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 10 January 2019 Corresponding to: 4 Jumada Al-Awwal 1440 Hijri 74 Chairman of the Executive Council Resolution No. (2) of 2019 Concerning the Formation of Abu Dhabi Strategic Affairs Committee We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, 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. (3) of 2006 concerning the establishment of the Executive Affairs Authority in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; • Law No. (4) of 2018 concerning the General Secretariat of the Executive Council; • Chairman of the Executive Council Resolution No. (2) of 2015 concerning the Executive Committee; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) In the implementation of the provisions of this Resolution, the following words and phrases shall have the meanings corresponding thereto unless the context requires otherwise: Emirate : The Emirate of Abu Dhabi. Committee : Abu Dhabi Strategic Affairs Committee. Article (2) A Committee shall be formed in the name of “Abu Dhabi Strategic Affairs 75 Committee” and affiliated to the Executive Council, under the chairmanship of H.H. Sheikh Tahnoon bin Zayed Al Nahyan and the membership of: 1- H.H. Sheikh Khaled bin Mohamed bin Zayed Al Nahyan, Vice-Chairman 2- H.E. Secretary-General of the Executive Council 3- H.E. Chairman of the Executive Affairs Authority 4- H.E. Chairman of Abu Dhabi Executive Office 5- H.E. Chairman of the Department of Finance Article (3) • The Committee shall be in charge of laying down and following up the general strategic direction of development, services and financial affairs to achieve the leadership and efficiency of the Emirate. The Committee shall in particular assume the following competencies: 1. Lay down the general principles, foundations and strategic policies that enhance the leadership of government development and service functions in the Emirate, and submit the same to the Executive Council for approval after discussing it with the Executive Committee. 2. Follow up on the progress of strategic and executive plans of development and service entities through the quarterly reports that are approved by the Executive Committee. 3. Follow up on any new strategic and executive items submitted by the Executive Committee or approved by the Committee, that can affect the approved strategic policies and plans, and issue the necessary recommendations in their regard. 4. Submit the recommendations related to the tasks and competencies of the Committee to the Executive Committee and follow up on their implementation in conformity with the applicable legislations. 5. Approve the financial policies, budgets and financial plans of the Emirate including all their resources, the aspects of their disbursement and financing as well as the beneficiaries, submit the same to the Executive Council for approval, and follow up on their implementation with the Department of Finance. 76 6. Any other competencies assigned thereto by the Chairman of the Executive Council. • The Committee shall submit quarterly reports on its functions to the Executive Council. Article (4) Abu Dhabi Executive Office shall provide the technical, administrative and logistic support to the Committee and may seek the assistance of experts and consultants to help the said committee perform its tasks. Article (5) The Committee shall lay down the regulations related to its meetings and functions. Article (6) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 21 January 2019 Corresponding to: 15 Jumada Al-Awwal 1440 Hijri 77 Chairman of the Executive Council Resolution No. (3) of 2019 Concerning the Reformation of the Executive Committee We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the Reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Amiri Decree No. (1) of 2019 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi; • Chairman of the Executive Council Resolution No. (2) of 2015 concerning the Executive Committee; • Chairman of the Executive Council Resolution No. (48) of 2017 concerning the reformation of the Executive Committee and its amendments; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Executive Committee shall be reformed under the chairmanship of H.H. Sheikh Khaled bin Mohamed bin Zayed Al Nahyan, and the membership of: 1. Chairman of Abu Dhabi Executive Office, Vice-Chairman 2. Chairman of the Department of Transport 3. Chairman of the Department of Community Development 4. Chairman of the Department of Finance 5. Chairman of the Department of Health 6. Chairman of the Department of Energy 7. Chairman of the Department of Economic Development 8. Chairman of the Department of Urban Planning and Municipalities 78 9. Chairman of the Department of Culture and Tourism 10. Commander-in-Chief of Abu Dhabi Police 11. Chairman of the Department of Education and Knowledge. Article (2) The Chairman of Abu Dhabi Executive Office shall sign the resolutions of the Executive Committee and subcommittees. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 21 January 2019 Corresponding to: 15 Jumada Al-Awwal 1440 Hijri 79 Chairman of the Executive Council Resolution No. (4) of 2019 Concerning the Reformation of the Board of Directors of Abu Dhabi Housing Authority We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, 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. (4) of 2012 concerning the establishment of Abu Dhabi Housing Authority; • Chairman of the Executive Council Resolution No. (17) of 2015 concerning the formation of the Board of Directors of Abu Dhabi Housing Authority, and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Board of Directors of Abu Dhabi Housing Authority shall be reformed under the chairmanship of H.E. Jabr Mohammed Ghanim Al Suwaidi, and the membership of Their Excellencies: 1. Saif Badr Al-Qubaisi, Vice-Chairman 2. Saif Ali Saif Al Qubaisi 3. Abdullah Abdul Hamid Al Sahi 4. Ali Jassim Al Mazrouei 5. Ali Al Hajj Abdullah Al Muhairbi 80 Article (2) The term of the board's membership shall be two renewable years. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 31 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 81 Executive Council Resolutions 83 licnuoC evitucexE snoituloseR Executive Council Resolution No. (9) of 2019 Concerning the Twentieth Investment Zone in the Emirate of Abu Dhabi The Executive Council has decided the following: 1. Plot No. (P1), (P2), and (C2) the breakwater basin in Abu Dhabi Island shall be considered among the investment zones in conformity with the borders specified in the attached map. 2. The Department of Urban Planning and Municipalities shall be entrusted with laying down the mechanisms and controls required for making sure that the foreigners do not own more than (50%) of the real estate units. 3. This Resolution shall be effective from the date of its issuance and a report shall be submitted within two weeks from said date on the latest updates of implementation to Abu Dhabi Executive Office via a (confidential) email at the following address: ADEO-Legislation@ecouncil.ae Dr. Ahmed Mubarak Al Mazrouei Secretary-General Issuance Date: 13 January 2019 Corresponding to: 7 Jumada Al-Awwal 1440 Hijri 85 Executive Council Resolution No. (40) of 2019 Concerning the Reformation of the Board of Directors of the General Holding Company Based on Law No. (5) of 2004 concerning the establishment of the General Holding Company, pursuant to Article (9) thereof that stipulates the appointment of the board of directors by an Executive Council Resolution, and pursuant to the Chairman of the Executive Council Resolution No. (15) of 2017 concerning the Reformation of the Board of Directors of the General Holding Company. The Executive Council has decided the following: First: The Board of Directors of the General Holding Company shall be reformed under the chairmanship of H.E. Dr. Mohammed Rashid Al Hamili and the membership of Their Excellencies: 1. Alyazia Ali Al Kuwaiti Vice-Chairman 2. Aqeel Abdullah Madi 3. Salem Sultan Al Dhaheri 4. Ali Murshed Al Murar Second: The term of the board’s membership shall be five renewable years. Third: This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Dr. Ahmed Mubarak Al Mazrouei Secretary-General Issuance Date: 31 January 2019 Corresponding to: 25 Jumada Al-Awwal 1440 Hijri 86 Circulars 87 sralucriC Date: 12/11/2018 Circular No. (9) of 2018 Concerning Dealing with Land Surveying Companies and Surveyors Accredited by the Department of Urban Planning and Municipalities To all governmental entities and companies in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. Based on our constant keenness to regulate the real estate sector in the Emirate of Abu Dhabi and guarantee the accuracy and quality of the surveying data, and in implementation of the applicable legislations, you are obliged not to deal with any land surveying companies and surveyors that are not accredited by the Department of Urban Planning and Municipalities to conduct any surveying works. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Mohammed Bu Ataba Al Zaabi Chairman of the Executive Committee 89 Date: 27/12/2018 Circular No. (10) of 2018 Concerning Abu Dhabi Disability Classification Manual To all governmental entities and companies in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. Subsequent to Circular No. (7) of 2017 concerning People of Determination Classification Manual, based on the vision of Abu Dhabi Government in building a balanced development that is beneficial to the whole spectrum of society, and in order to guarantee that disabled people obtain their rights, we urge you to commit to the provisions of the Disability Classification Manual here- attached and to rely thereon as a reference to name the disabled categories and determine their various needs of services. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Mohammed Bu Ataba Al Zaabi Chairman of the Executive Committee Attached: Abu Dhabi Disabled Classification Manual For enquiries, please contact the Department of Social Development at Abu Dhabi Executive Office - on Tel: 026688498 or via email: socialOperations@ECOUNCIL.AE 90 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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Abu Dhabi Official Gazette - 2019 Edition 2019
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