Abu Dhabi Official Gazette - 2020 Edition 12

The Official Gazette 31 December 2020 - The Twelvth Edition The Official Gazette The Twelvth Edition - The Forty Ninth Year Contents Pages Laws Law No. (23) of 2020 Concerning the Dissolution of Abu Dhabi Council for Economic Development. 5 Law No. (24) of 2020 Concerning The Supreme Council for Financial and Economic Affairs. 6 Decrees Amiri Decree No. (11) of 2020 Concerning The Board of Directors of the Supreme Council for Financial and Economic Affairs. 17 Crown Prince Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (29) of 2020 Concerning the Concerned Authority in Law No. (3) of 2019 concerning Abu Dhabi Corporation for Energy Company PJSC. 21 Chairman of the Executive Council Resolution No. (30) of 2020 Concerning the Appointment of the Undersecretary of the Department of Culture and Tourism. 23 Circulars Circular No. (18) of 2020 Concerning the Housing of Employees and Workers in the Government of Abu Dhabi. 27 1 2 Laws 3 swaL Law No. (23) of 2020 Concerning the Dissolution of Abu Dhabi Council for Economic Development 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. (9) of 2006 concerning the establishment of the Abu Dhabi Council for Economic Development; • Law No. (7) of 2018 concerning the reorganisation of the Department of Economic Development; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) • The Abu Dhabi Council for Economic Development shall be dissolved, and all assets, rights and obligations thereof shall be transferred to the Department of Economic Development. • The employees of the Abu Dhabi Council for Economic Development shall be transferred to the Department of Economic Development, without any prejudice to their financial allocations. Article 2 • The aforesaid Law no. (9) of 2006 shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. Article 3 This Law shall become 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: 16 December 2020 Corresponding to: 1 Jumada Al-Awwal 1442 Hijri 5 Law No. (24) of 2020 Concerning The Supreme Council for Financial and Economic Affairs 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. (5) of 1981 concerning the reorganisation of Abu Dhabi Investment Authority, and its amendments; • Law No. (1) of 1988 concerning the establishment of the Supreme Petroleum Council, and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi, and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (2) of 2017 concerning the establishment of Mubadala Investment Company “Public Joint Stock Company”, and its amendments; • Law No. (2) of 2018 concerning the establishment of Abu Dhabi Developmental Holding Company “Public Joint Stock Company”, and its amendments; • Law No. (27) of 2019 concerning the Department of Finance; and • Based on what 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: 6 Emirate : The Emirate of Abu Dhabi. Government : The Government of Abu Dhabi. Executive Council : The Executive Council of the Emirate. Council : The Supreme Council for Financial and Economic Affairs. Board of Directors : The Board of Directors of the Council. Secretary-General : The Secretary-General of the Council. Department : The Department of Finance. Chairman of the : The Chairman of the Board of Directors. Board Governmental : The local departments and every legal person affiliated to Entities the Government and having full legal capacity to act. Strategic : 1. Abu Dhabi Investment Authority Investment Entities 2. Abu Dhabi National Oil Company 3. Mubadala Investment Company 4. Abu Dhabi Developmental Holding Company 5. Other Governmental Entities, Institutions and Companies determined by a resolution of the Chairman of the Board. Governmental : The public legal persons wholly owned by the Government Institutions or the Governmental Entities and practising operations of commercial nature in their direct activities. Governmental : The companies which are wholly and directly owned by the Companies Government or Governmental Entities or Institutions, and the companies in which the Government or Governmental Companies or Institutions directly contribute, severally or jointly, by more than 50% of the Capital. Concerned Entities : 1. The Governmental Entities, the Strategic Investment Entities and the Governmental Companies and Institutions; 2. The institutions and companies in which the Government contributes by less than 50% of the capital; and they are determined by a resolution of the Chairman of the Board. 7 Article 2 A council shall be established pursuant to the provisions of this Law in the name of the “Supreme Council for Financial and Economic Affairs”, having an independent legal personality and enjoying full legal capacity, and affiliated to the Ruler of the Emirate. Article 3 The main office of the Council shall be in Abu Dhabi City, and branches or offices may be established inside or outside the Emirate by a resolution of the Chairman of the Board. Article 4 The Council shall be the supreme authority in charge for the economic, investment and financial affairs in the Emirate, and may in particular assume the following: 1. Lay down and approve public policies and strategies for the regulation of the financial, investment and economic affairs as well as the petroleum and natural resources affairs of the Emirate, and follow up on their implementation with the Concerned Entities including, without limitation, the government policies related to ownership, public debt and asset management. 2. Approve strategies and policies related to the economic, investment and financial affairs, as well as the petroleum and natural resources affairs of the Concerned Entities, and ensure their conformity with the public policies and strategies of the Emirate. 3. Review the Concerned Entities’ annual and executive plans related to the economic, investment and financial affairs, as well as the petroleum and natural resources affairs. 4. Follow up on and evaluate the performance of the Concerned Entities as well as the annual and executive plans related to the financial, investment and economic affairs as well as the petroleum and natural resources affairs, in accordance with the public strategies and policies approved by the Council. 5. Any other competencies entrusted to the Council by virtue of the Law or by a resolution of the Chairman of the Board. 8 Article 5 1. The Council shall be managed by a Board of Directors under the chairmanship of the Ruler of the Emirate and the membership of: • The Crown Prince, Chairman of the Executive Council - Vice-Chairman. • A number of members not exceeding ten members to be appointed by an Amiri Decree. • Chairman of the Department of Finance - Member and Secretary- General. 2. The term of membership at the Board of Directors shall be three automatically renewable years for similar terms, unless an Amiri Decree is issued for the reformation thereof. 3. The remunerations of the members of the Board of Directors shall be determined by a resolution of the Chairman of the Board, and the internal regulations shall indicate the procedures of holding the meetings of the Board of Directors. Article 6 • The Board of Directors shall manage and conduct the affairs of the Council and shall have all competencies deemed required for this purpose, and may in particular assume the following: 1. Issue the resolutions, take the necessary measures to carry out its duties and competencies, and guide any Concerned Entities, in conformity with the strategies and policies approved by the Council, including the issuance of the government ownership policy as well as the investment controls and borrowing policy. 2. Approve the draft annual budget of the Council. 3. Form subcommittees whose competencies, members, duties and powers shall be determined by a resolution of the Chairman of the Board. 4. Seek the assistance of experts to support the aforesaid committees and determine their allocations or remunerations, and invite whomever deemed adequate to attend the meetings thereof for consultation and advice in any subject-matters related to the duties or competencies of the Council. 5. Any other competencies entrusted to the Board of Directors pursuant to 9 the Law or resolution of the Chairman of the Board. • The resolutions of the Board of Directors shall be issued by a resolution of the Chairman of the Board. Article 7 • Without prejudice to the competencies of the Department of Finance and powers of the Chairman of the Department of Finance specified pursuant to the aforesaid Law No. (1) of 2017 and Law No. (27) of 2019 or any other legislation, the Secretary-General shall conduct the daily progress of work and support whatever is related to the Council, and may in particular assume the following: 1. Collect, study, analyse and prepare all information and whatever may support the Council in carrying out its duties and competencies, and raise recommendations in this regard. 2. Supervise the implementation and follow up on the duties and competencies of the Council in accordance with the provisions of the Law, regulations, resolutions and recommendations issued, as well as the procedures taken pursuant thereto. 3. Prepare and approve the financial and administrative regulations of the Council including the organisational structure and the regulation of the human resources, in accordance with the legislations, regulations and resolutions applied to the Department. 4. Prepare the draft annual budget of the Council and submit it to the Board of Directors for approval. 5. Open, manage and operate banking accounts in the name of the Council. 6. Appoint experts and technicians, temporarily or permanently, and determine their remunerations. 7. Represent the Council before the Courts and third parties. 8. Issue any circulars deemed necessary to inform the Concerned Entities of the resolutions and instructions of the Council. 9. Any other competencies or duties entrusted by the Chairman of the Board. • The Department shall provide technical, advisory, administrative, financial and operational assistance, and whatever may support the Council and 10 enable it to assume and carry out its competencies. • The membership of the Secretary-General at the boards of directors of the Strategic Investment Entities shall be regulated by a resolution of the Chairman of the Board. • The Council shall determine any remunerations to be disbursed to the Secretary-General, if any. Article 8 The Concerned Entities shall implement the policies and resolutions approved by the Council, and shall work and cooperate with the Secretary-General and the Department in terms of implementation of their duties, pursuant to the provisions of this Law. Article 9 Notwithstanding any provision stipulated in any other legislation, the boards of directors, the delegated members and the chief executive officers of each of the Strategic Investment Entities shall be appointed by a resolution of the Chairman of the Board. For this purpose, the Chairman of the Board may request the Board of Directors to issue the recommendations deemed adequate. Article 10 The financial resources of the Council shall consist of the following: 1. Annual appropriations allocated thereto by the Ruler of the Emirate and included in the budget of the Department. 2. Any other revenues approved by the Chairman of the Board. Disbursement from the annual appropriations of the Council shall be carried out by a resolution of the Secretary-General. Article 11 The fiscal year of the Council shall start on the first of January and end on the last day of December of each year, except for the first fiscal year which shall start from the effective date of the provisions of this Law and end on the last day of December of the following year. 11 Article 12 All documents, resolutions, data, information, reports, papers, records, plans, printed or electronic graphics, studies, and analyses presented to the Council, as well as all the deliberations of the Board of Directors, shall be confidential and shall not be disclosed or presented to or accessed by third parties, unless as deemed adequate for the implementation of the duties of the Council, in accordance with the provisions of this Law, or upon obtaining the approval of the Chairman of the Board. - Without prejudice to any more severe penalty stipulated in any other law, whomever violates the provisions of the previous paragraph shall be sentenced to prison for a duration of not less than one year and not more than five years, and to a fine of at least (200,000) two hundred thousand Dirhams and no more than (2,000,000) two million Dirhams, or any of these penalties. Article 13 • Any reference to the Executive Council in any laws, regulations or resolutions governing any Strategic Investment Entities as well as the Governmental Companies and Institutions (and other Concerned Entities determined in a resolution issued by the Chairman of the Board from time to time), or to which said entities are subject, shall be deemed as a reference to the Council. The Council shall assume all the competencies and powers prescribed for the Executive Council in the said laws, regulations and resolutions. • The aforesaid Law no. (1) of 1988 shall be repealed, and all competencies and powers of the Supreme Petroleum Council shall be transferred to the Council. The Supreme Petroleum Council shall continue to assume the competencies prescribed for the Board of Directors of Abu Dhabi National Oil Company until the appointment of a Board of Directors to the said Company in accordance with the provisions of this Law. • The employees of the Supreme Petroleum Council shall be transferred to Abu Dhabi National Oil Company . All assets of the Supreme Petroleum Council shall devolve to Abu Dhabi National Oil Company. • Any provision contrary to the provisions of this Law shall be repealed. 12 Article 14 This Law shall not affect any of the undertakings, confirmations or agreements concluded or made by the government or any Concerned Entities for the interest of, or with, any regulatory or supervisory authority outside the State including, without limitation, those related to the exemption of any Concerned Entities from the government ownership taxes. Article 15 This Law shall become 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: 24 December 2020 Corresponding to: 9 Jumada Al-Awwal 1442 Hijri 13 Decrees 15 seerceD Amiri Decree No. (11) of 2020 Concerning The Board of Directors of the Supreme Council for Financial and Economic Affairs 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. (24) of 2020 concerning the Supreme Council for Financial and Economic Affairs; and • Based on what was presented to and approved by the Executive Council, Issued the following Decree: Article (1) The Board of Directors of the Supreme Council for Financial and Economic Affairs shall be formed under our chairmanship and the membership of each of their Highnesses and Excellencies: 1. His Highness Sheikh Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council -Vice-Chairman 2. His Highness Sheikh Hazza bin Zayed Al Nahyan 3. His Highness Sheikh Tahnoon bin Zayed Al Nahyan 4. His Highness Sheikh Mansour bin Zayed Al Nahyan 5. His Highness Sheikh Hamed bin Zayed Al Nahyan 6. His Highness Sheikh Khaled bin Mohamed bin Zayed Al Nahyan 7. His Excellency Khaldoun Khalifa Al Mubarak 8. His Excellency Dr. Ahmed Mubarak Al Mazrouie 9. His Excellency Jassem Mohammed Bu Ataba Al Zaabi, Chairman of the Department of Finance – Member and Secretary-General 10. His Excellency Dr. Sultan Ahmed Al Jaber 17 Article (2) The term of membership of the Board shall be three renewable years. Article (3) 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: 24 December 2020 Corresponding to: 9 Jumada Al-Awwal 1442 Hijri 18 Crown Prince Chairman of the Executive Council Resolutions 19 eht fo namriahC ecnirP nworC snoituloseR licnuoC evitucexE Chairman of the Executive Council Resolution No. (29) of 2020 Concerning the Concerned Authority in Law No. (3) of 2019 concerning Abu Dhabi Corporation for Energy Company PJSC 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. (2) of 2018 concerning the establishment of Abu Dhabi Development Holding Company (PJSC); • Law No. (3) of 2019 concerning Abu Dhabi Corporation for Energy Company; • Chairman of the Executive Council Resolution No. (26) of 2017 concerning the formation of the Supreme Committee for Abu Dhabi's Water and Electricity Sector; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) Without prejudice to any of the competencies of the Supreme Committee for Abu Dhabi's Water and Electricity Sector contained in any legislation, and for the purposes of implementing the provisions of the aforesaid Law No. (3) of 2019, Abu Dhabi Development Holding Company shall be the concerned authority instead of the Supreme Committee for Abu Dhabi's Water and Electricity Sector. 21 Article (2) Any provision contrary to the provisions of this resolution shall be repealed. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. University for Artificial Intelligence. Article (2) 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: 16 December 2020 Corresponding to: 1 Jumada Al-Awwal 1442 Hijri 22 Chairman of the Executive Council Resolution No. (30) of 2020 Concerning the Appointment of the Undersecretary of the Department of Culture and Tourism 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. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (8) of 2018 concerning the establishment of the Department of Culture and Tourism; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) His Excellency Saoud Abdulaziz Mohammed Ali Al Hosani shall be appointed as the Undersecretary of the Department of Culture and Tourism. Article (2) 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: 16 December 2020 Corresponding to: 1 Jumada Al-Awwal 1442 Hijri 23 Circulars 25 sralucriC Date: 19/11/2020 Circular No. (18) of 2020 Concerning the Housing of Employees and Workers in the Government of Abu Dhabi 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 express our sincere gratitude for your continuous cooperation in achieving public interest. Based on the Keenness to apply effective housing regulations for the employees and workers of the government entities and companies in the Emirate; in order to strengthen family bonding and preserve the safety of the employees and workers of the Government and protect them from the risk of road traffic accidents as well as daily traffic congestion issues; and pursuant to the approval of the Executive Council, we kindly urge you to take note of the following and abide thereby: First: Governmental Entities The provisions of the Regulation of Housing for the Employees of the Government of the Emirate of Abu Dhabi shall apply to all the National and non-National civil employees working at the governmental entities in the Emirate of Abu Dhabi, according to the attachment. Second: Governmental Companies • Allowances, bonuses and entitlements related to the housing of the workers of the governmental companies shall be disbursed in accordance with the regulations applicable therein, in case of proving their residence in the Emirate. • Whomever is working at a governmental company and residing outside the 27 Emirate shall not get any allowances, bonuses and entitlements prescribed for the housing by the employer thereof. The following categories may be excluded from this provision following the approval of the upper management at the governmental company: 1. In case the worker or his dependents suffer from a medical condition or humanitarian case making it difficult to the employee to reside inside the Emirate. 2. The married or single female employee if it is proved that her spouse or parents reside in another Emirate. 3. The female employee if it is proved that her residence in another Emirate is related to her social status. 4. The workers of the offices or branches of the governmental company outside the Emirate. • Ensure that the employee has submitted all the supporting documents proving his residence in the Emirate, such as the monthly bills for water, electricity and communication services. • The governmental company shall lay down the adequate controls and provisions to apply the aforesaid provisions to all the workers thereof Third: Governmental Entities and Companies • The education allowance – if available – shall be disbursed to the employees and workers of the governmental entities or companies, according to the human resources policies applicable therein, in case their children are enrolled in schools inside the Emirate. • Ensure that the employees have submitted the supporting documents that prove the enrolment of their children in schools inside the Emirate, such as the documents bearing the dates of the beginning and end of every academic year and issued by the school where the child is enrolled. • The governmental entity or company contracting with or wishing to contract with labour outsourcing companies shall require the housing of such outsourced labour inside the Emirate, and shall verify the continuity 28 of their accommodation in the Emirate throughout the validity period of the outsourcing contract. • Grant the employees and workers a deadline of maximum one year from the date of issuance of this Circular, to adjust their situation in conformity with the provisions thereof. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Dr. Mohammed Rashid Al Hamli Secretary-General For further enquiry, please contact the Human Resources Authority of the Emirate of Abu Dhabi through HRAHUB for the governmental entities, and by email HRA.Support@hra.gov.ae for governmental companies. 29 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