Abu Dhabi Official Gazette - 2019 Edition 2019
This gazette issue lists several Abu Dhabi laws and decrees. It also includes rules on foreign real estate ownership, establishing public bodies, reporting duties, fine enforcement, and delegation powers.
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This gazette issue lists several Abu Dhabi laws and decrees. It also includes rules on foreign real estate ownership, establishing public bodies, reporting duties, fine enforcement, and delegation powers. The text sets financial powers for Abu Dhabi governmental bodies, gives the Executive Committee and the Department defined powers, and lays out cultural-heritage rules that require Department permission for certain land use and conservation activities. This provision sets rules for protecting, registering, inspecting, transferring, borrowing, exporting, and seizing cultural heritage, and for reporting accidental discoveries. This part sets registration, announcement, appeal, excavation, heritage protection, and private museum rules for cultural heritage in the Emirate. Private museum and antiquities licence holders must follow Department rules, register and protect collections, and avoid selling, exporting, or displaying prohibited items without approval.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 1
This gazette issue lists several Abu Dhabi laws and decrees. It also includes rules on foreign real estate ownership, establishing public bodies, reporting duties, fine enforcement, and delegation powers.
The Official Gazette 30 April 2019 - The Fourth Edition The Official Gazette The Fourth Edition - The Forty Eighth Year Contents Pages Laws Law No. (13) of 2019 Concerning The Amendment of Some Provisions of Law No. (19) of 2005 concerning Real Estate Ownership. 5 Law No. (14) of 2019 Concerning The Establishment of Abu Dhabi Public Health Centre. 7 Law No. (15) of 2019 Concerning The Change of the Name of Paris- Sorbonne University (Abu Dhabi). 15 Law No. (16) of 2019 Concerning The Establishment of Abu Dhabi Digital Authority. 17 Law No. (17) of 2019 Concerning The Amendment of Some Provisions of Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi. 25 Law No. (18) of 2019 Concerning Abu Dhabi Executive Office. 27 Law No. (19) of 2019 Concerning The Amendment of Some Provisions of Law No. (23) of 2006 concerning the Judiciary Department in the Emirate of Abu Dhabi. 34 Decrees Amiri Decree No. (9) of 2019 Concerning The Appointment of the Chairman of Abu Dhabi Executive Office. 39 Amiri Decree No. (10) of 2019 Concerning The Appointment of the Chairman of the Department of Finance. 40 Amiri Decree No. (11) of 2019 Concerning The Appointment of the Attorney-General of the Emirate of Abu Dhabi. 41 1 Crown Prince, Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (12) of 2019 Concerning the Financial Powers of the Executive Council’s Committees and Chairmen of the Governmental Entities. 45 Chairman of the Executive Council Resolution No. (13) of 2019 Concerning the Executive Committee. 51 Chairman of the Executive Council Resolution No. (14) of 2019 Concerning the Issuance of the Executive Regulations of Law No. (4) of 2016 concerning the Cultural Heritage of the Emirate of Abu Dhabi 58 Chairman of the Executive Council Resolution No. (17) of 2019 Concerning the Appointment of the Secretary-General of the Executive Council. 144 Chairman of the Executive Council Resolution No. (18) of 2019 Concerning the Appointment of the Director-General of Abu Dhabi Executive Office. 145 Chairman of the Executive Council Resolution No. (19) of 2019 Concerning the Reformation of the Board of Directors of Abu Dhabi Development Holding Company. 146 Chairman of the Executive Council Resolution No. (20) of 2019 Concerning the Appointment of the Director-General of Abu Dhabi Agriculture and Food Safety Authority. 148 Chairman of the Executive Council Resolution No. (21) of 2019 Concerning the Appointment of the Director-General of Human Resources Authority in the Emirate of Abu Dhabi. 149 Chairman of the Executive Council Resolution No. (22) of 2019 Concerning the Reformation of the Board of Directors of Abu Dhabi Airports Company. 150 2 Laws 3 swaL Law No. (13) of 2019 Concerning The Amendment of Some Provisions of Law No. (19) of 2005 concerning Real Estate Ownership 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. (19) of 2005 concerning Real Estate, and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) The following two texts shall replace the texts of Articles (3) and (4) of the aforesaid Law No. (19) of 2005: Article (3): 1. The right of ownership of real estate shall be limited to the following categories: a. Nationals and their equivalent, whether natural or legal persons. b. Public joint stock companies in which the contribution of non-Nationals does not exceed 49%. c. Any person in respect of whom a Crown Prince or Chairman of the Executive Council Resolution is issued. 2. The non-National natural or legal persons may own and acquire all the principal or collateral real rights of the properties located within investment areas, and may dispose them in any manner whatsoever. Article (4): Whoever has the right of usufruct or Musataha for more than ten years may dispose thereof without the permission of the owner, including mortgaging the same. The owner of the real estate may mortgage the same only after 5 obtaining the consent of the owner of usufruct right or Musataha. In both cases, both parties may agree otherwise. Article (2) Any provision contrary to the provisions of this Law shall be repealed. Article (3) 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: 16 April 2019 Corresponding to: 10 Shaaban 1440 Hijri 6 Law No. (14) of 2019 Concerning The Establishment of Abu Dhabi Public Health Centre 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. (10) of 2018 concerning the Establishment of the Department of Health; • Crown Prince and Chairman of the Executive Council Resolution No. (42) of 2009 concerning the Environment, Health and Safety Management System of the Emirate of Abu Dhabi; • Chairman of the Executive Council Resolution No. (25) of 2018 concerning the Additional Competencies of the Department of Health; 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 7 Executive Council : The Executive Council of the Emirate Department : The Department of Health Centre : Abu Dhabi Public Health Centre Director-General : The Director-General of the Centre : System Public and Preventive Health System which aims at maintaining the health of the population of the Emirate and the safety of the workers therein. The System sets out the obligations of all parties, companies and persons in charge of implementing its provisions. : Public Health One of the heath sector areas, which includs disciplines related to health improvement and disease prevention through monitoring and evaluating health needs of the population, and developing and implementing strategies to improve the health and well-being of the population. Such disciplines are also related to occupational safety and the protection of persons from diseases caused by their work. : Preventive health A multidisciplinary area related to the protection of people from diseases through preventing the occurrence or recurrence of health problems. : Technical service Any natural or legal person concerned with diagnosis providers and examination of health problems and the provision of health services such as specialists in epidemiology, occupational health, environmental health and other public health disciplines. Article (2) • A Center shall be established pursuant to the provisions of this Law under the name of “Abu Dhabi Public Health Centre”. The Centre shall have an independent corporate personality, enjoy full legal capacity to act, and affiliated to the Department. • The Executive Council may change the affiliation of the Centre to any entity determined thereby. 8 Article (3) The main office of the Centre shall be located in Abu Dhabi City. Branches or offices of the Centre may be established inside or outside the Emirate by a resolution of the Chairman of the Department and following the approval of the Executive Council. Article (4) The Centre shall aim at maintaining the health of the population of the Emirate and the safety of the workers therein through promoting Public Health and Preventive Health concepts. Therefore, it shall assume the following competencies: 1. Prepare the System and submitting it to the Department in preparation for obtaining the approval of the Executive Council thereon. 2. Gather evidence and data for cases of serious occupational injuries and accidents, in coordination with the concerned authorities to determine their causes and reduce their risks. 3. Register Technical Service Providers and all specialists in the fields of Public Health and Preventive Health who are licensed by the Department. 4. Ensure the review and approval of the Systems of the entities operating in the Emirate according to the System’s requirements. 5. Develop training programmes aligned with the System, to improve Public Health and Preventive Health capacities. 6. Prepare, implement and develop awareness and education programmes related to Public Health and Preventive Health. 7. Lay down, develop and implement programmes related to the protection of workers' health, disease prevention and rehabilitation to help them get back to work. 8. Conduct surveys and develop systems for the collection of data and information regarding Public Health and Preventive Health, in coordination with the relevant entities. 9. Create, develop, implement and promote Public Health and Preventive Health programmes and activities. 10. Provide necessary vaccinations, develop vaccination programmes and announce such programmes. 11. Act as an early warning system for Public Health and Preventive Health. 9 12. Participate in emergency response to epidemics, infectious diseases, natural disasters, chemical pollution and radioactive and nuclear pollution, in coordination with the concerned entities. 13. Encourage and promote the patterns and behaviours of healthy life for the Emirate’s population. 14. Hold conferences, seminars and courses related to Public Health and Preventive Health. 15. Develop strategic partnerships related to Public Health and Preventive Health with local, regional and international bodies, in accordance with the legislation in force. 16. Lay down the standards of Public Health and Preventive Health in accordance with best practices, and in coordination with the concerned authorities. 17. Prepare studies related to Public Health and Preventive Health. 18. Coordinate with the relevant entities to set the necessary specifications for personal protective equipment and safety equipment and devices. 19. Any other competencies assigned thereto by the Executive Council. • The Executive Council may amend the competencies of the Centre stated in this Law or any other legislation, by deletion, addition or transfer. • The Center may delegate some of its competencies to any other governmental entity or entrust the private sector with some of them following the approval of the Executive Council. Article (5) • The Centre shall have a Director-General to be appointed by an Executive Council resolution. He shall be in charge of conducting and supervising the Centre’s operations. He shall report to the Chairman of the Department and may in particular assume the following: 1. Propose the strategic and executive plans of the Centre and submit them to the Chairman of the Department in preparation for approval in accordance with the applicable legislations. 2. Follow up on the implementation of the strategic and executive plans of the Centre as well as the programmes and projects managed or implemented thereby. 3. Manage, develop and implement all the strategic and executive tasks 10 entrusted to the Centre, either directly or through action teams appointed by him or assigned thereby, without any contradiction to the legislations in force. 4. Propose the initiatives, programmes, projects, studies and recommendations related to the Centre’s operations and activities and present them to the Chairman of the Department, in preparation for submitting them for approval, in accordance with the procedures followed in the Department. 5. Propose the annual draft budget of the Centre and present it to the Chairman of the Department in preparation for submitting it for approval, in accordance with the applicable legislations. 6. Propose the organisational structure of the Centre and present it to the Chairman of the Department in preparation for submitting it for approval in accordance with the applicable legislations. 7. Appoint experts, consultants and technicians on a temporary or permanent basis, determine their remuneration and seek the assistance of any experts, institutions and consulting offices he deems appropriate. 8. Open bank accounts in the name of the Centre in accordance with the applicable legislations. 9. Form internal committees and action teams from among the employees of the Centres and others, and determine their tasks and work procedures. 10. Propose regulatory and executive legislations as well as the regulations, policies, resolutions and circulars including violations and administrative fines related to the Centre’s competencies and submit them for approval in accordance with the applicable legislations. 11. Propose the fees, tariffs and prices related to the Centre’s competencies and submit them to the Chairman of the Department in perparation for approval in accordance with the applicable legislation. 12. Represent the Centre before courts and third parties. 13. Any other competencies and tasks assigned by the Executive Council. • The Director-General may delegate some of its competencies to the senior employees of the Centre, provided that such delegation is made in writing. 11 Article (6) The Centre shall submit to the Department, every three months or whenever requested by the Department, a report on its functions, achievements, budget and financial and administrative affairs as well as the stages of progress achieved in the implementation of the competencies and tasks assigned thereto. Article (7) The Department shall provide logistic support as well as all support service- related operations including Human Resource, financial, procurement and electronic systems affairs as well as other activities and services related to the institutional affairs of the Centre. Article (8) The financial resources of the Centre shall consist of the following: • The annual appropriations allocated thereto by the Government. • Any other revenues approved by the Executive Council. Article (9) The fiscal year of the Centre 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 this Law and end on the last day of December of the following year. Article (10) The Centre shall have one or more external certified auditors to verify its financial accounts and statements. They shall be appointed by a resolution of the Chairman of the Department that also determines their remuneration, in accordance with the applicable legislations. Article (11) • Without prejudice to any more severe penalty provided for in another law, an administrative fine shall be imposed on anyone who violates the provisions of the legislations, executive regulations, systems, policies, resolutions and circulars issued by the Department, which relate to the Centre's competencies. 12 • The Centre shall be in charge of collecting the administrative fines. Upon the approval of the Executive Council, the Chairman of the Department shall issue a list specifying the violations and the administrative fines prescribed for each of them, provided that they do not exceed the fine limit provided for in the aforementioned Law No. (10) of 2018. • The provisions of the administrative penalties provided for in aforementioned Law No. (10) of 2018 shall apply. The executive regulations issued by the Department shall specify the procedures for imposing such penalties, and the controls for their implementation, including reconciliation procedures. Article (12) Upon an agreement between the Chairman of the Department, the Head of the Judicial Department – Abu Dhabi shall issue a resolution determining the Centre’s employees to be granted law enforcement judicial officer capacity for crimes within their jurisdiction. They shall have the right to carry out inspection and control to verify the compliance of all parties, companies and persons with the provisions of the relevant legislations related to the Centre’s competencies. Article (13) • The financial rules and regulations applicable in the Emirate shall apply to the Centre. • The employees of the Centre shall be subject to the human resources laws and regulations applicable in the Emirate. • The Nationals among them shall be subject to the civil retirement pensions and benefits applicable in the Emirate. Article (14) The employees and servants of Abu Dhabi Occupational Safety and Health Centre and the Public Health Division of the Department of Health shall be transferred to the Centre along with all their assets, properties, rights and obligations, as of the effective date of this Law. Article (15) • The aforesaid Executive Council Resolution No. (42) of 2009 shall be remain in force until the enforcement of the System. • Any provision contrary to the provisions of this Law shall be repealed. 13 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: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 14 Law No. (15) of 2019 Concerning The Change of the Name of Paris- Sorbonne University (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. (14) of 2006 concerning the establishment and regulation of the Paris-Sorbonne University (Abu Dhabi), and its amendments; • Law No. (9) of 2018 concerning the establishment of the Department of Education and Knowledge; • Chairman of the Executive Council Resolution No. (24) of 2018 concerning the additional competencies of the Department of Education and Knowledge; • The agreement concluded between the Ministry of Higher Education and Scientific Research and Paris (Sorbonne) University on 19/02/2006; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) The name “Paris-Sorbonne University Abu Dhabi” shall be changed to “Sorbonne University Abu Dhabi” wherever mentioned in aforesaid Law No. (14) of 2006 and any other legislation. 15 Article (2) 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: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 16 Law No. (16) of 2019 Concerning The Establishment of Abu Dhabi Digital 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. (18) of 2008 concerning the establishment of Abu Dhabi Systems and Information Centre; • 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. (3) of 2018 concerning Abu Dhabi Executive Office, and its amendments; 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 Office : Abu Dhabi Executive Office Authority : Abu Dhabi Digital Authority Director-General : The Authority’s Director-General 17 Governmental : The local departments and every legal person Entities affiliated to the Government, enjoying full legal capacity to act, in charge of managing a public utility or aiming at offering a public service. Digital Government : An integrated government system that uses information and communications technology and digital work mechanisms to simplify the procedures, raise the efficiency of governmental functions through four axes including government services and statements as well as information and communications technology and information security. Information and : Any equipment or interconnected linked system Communications or subsystem of equipment used to electronically Technology obtain, store, process, manage, transfer, monitor, display, convert, exchange, send and receive data and information. Digital Services : Integrated government services provided for individual or corporate customers and offered through various channels. Information and Data : Any information or data of the governmental entities on IT systems and networks. Customer Service : They include customer service centres, call Channels centres and digital channels including websites and smart applications. Customer Service : They include all common systems that contribute Platforms in developing governmental services such as the unified government payment platform, the UAE Pass, and the Digital Wallet, except for specialised systems related to the internal procedures at the governmental entities. Centralised : The contracts of licences, applications, programs Contracts and digital solutions of a common nature for the Governmental Entities. 18 Article (2) • An Authority shall be established pursuant to the provisions of this Law under the name of “Abu Dhabi Digital Authority”. This Authority shall have an independent legal personality, enjoy full legal capacity to act, and affiliated to the Office. • The Executive Council may change the affiliation of the Authority to any entity determined thereby. • The Authority shall replace Abu Dhabi Systems and Information Centre and all the assets, properties, rights and obligations of the latter shall be transferred thereto. The Authority shall be considered as its legal successor. • The employees of Abu Dhabi Systems and Information Centre shall be transferred to the Authority. Article (3) The main office of the Authority shall be located in Abu Dhabi City. Branches or offices of the Authority may be established inside or outside the Emirate by a resolution of the Chairman of the Office and following the approval of the Executive Council. Article (4) The Authority shall assume the following competencies: 1. Propose the public policies, strategic plans and initiatives relate to Digital Government and submit them to the Office in preparation for obtaining the approval of the Executive Council thereon. 2. Propose the manuals and standards related to the Digital Government and submit them to the Office for approval thereon and following up on their implementation. 3. Verify the compliance of Governmental Entities with the implementation of the approved policies and standards with respect to the Digital Government and digital transformation as well as the publication and 19 exchange of government data and information security, in coordination with the relevant entities. 4. Enhance the capacity of the Emirate in the Digital Government field as well as its status as a centre of innovation in services and technology field. 5. Guarantee the protection and safety of Information and Data as well as the IT systems and networks of Governmental Entities. 6. Work on upgrading the use of Information and Communications Technology as well as Digital Services offered through government channels at the community of the Emirate. 7. Develop and manage the Information and Communications Technology infrastructure as well as government systems, applications and platforms of common nature. 8. Manage, organise and publish government data in order to increase the effectiveness and quality thereof and benefit therefrom, and work on developing any relevant work methods and mechanisms. 9. Propose the plans and programs to build capacities and develop human cadres in order to support the strategies associated with the Digital Government, in coordination with the relevant entities. 10. Conclude agreements and memoranda of understanding, enter into partnerships that are related to Information and Communications Technology and determine the Governmental Entities and companies benefiting from the services available by virtue of such agreements and partnerships. 11. Oversee all Centralised Contracts of the Governmental Entities related to Information and Communications Technology in coordination with the Department of Finance. 12. Lay down plans and implement programs for improving customer experience and manage all the Customer Service Channels and Platforms for all government services at the Emirate. 13. Any other competencies assigned thereto by the Executive Council. • The Executive Council may amend the competencies of the Authority 20 stated in this Law or any other legislation, by deletion, addition or transfer. • The Authority may delegate some of its competencies to any other Governmental Entity or entrust the private sector with some of them following the approval of the executive Council. Article (5) • The Authority may have a Chairman to be appointed by a Chairman of the Executive Council resolution. He shall supervise the competencies and functions of the Authority and its Director-General. • The Executive Council may delegate any other competencies or functions to the Chairman of the Authority. Article (6) • The Authority shall have a Director-General to be appointed by an Executive Council resolution. He shall be in charge of conducting and supervising the Authority’s functions. He may in particular assume the following: 1. Propose the strategic and executive plans of the Authority and submit them for approval in accordance with the applicable legislations. 2. Follow up on the implementation of the strategic and executive plans of the Authority as well as the programs and projects managed or implemented thereby. 3. Propose the initiatives, programs, projects, studies and recommendations related to the Authority’s functions and activities and submit them to the Office for approval. 4. Propose the annual draft budget of the Authority and submit it for approval in accordance with the applicable legislations. 5. Propose the organisational structure of the Authority and submit it for approval in accordance with the applicable legislations. 6. Appoint experts, consultants and technicians on a temporary or permanent basis, determine their remuneration and seek the assistance of any experts, institutions and consulting offices he deems appropriate. 21 7. Open bank accounts in the name of the Authority in accordance with the applicable legislations. 8. Form internal committees and action teams from among the employees of the Authority and others, determine their tasks and work procedures. 9. Propose regulatory and executive legislations as well as the regulations, policies, resolutions and circulars including violations and administrative fines related to the Authority’s competencies and submit them for approval in accordance with the applicable legislations. 10. Propose the fees, tariffs and prices related to the Authority’s competencies and submit them for approval in accordance with the applicable legislations. 11. Represent the Authority before courts and third parties. 12. Any other competencies and tasks assigned by the Executive Council. • The Director-General may delegate some of his competencies to the senior employees of the Authority provided that such delegation is made in writing. • The Executive Council may delegate any of the Director-General’s competencies to any committees or action teams determined thereby from among or outside the employees of the Authority. Article (7) • The Authority may have a board of trustees consisting of not less than three and not more than seven members including the chairman of the board of trustees, to be appointed and whose remuneration is determined by an Executive Council resolution. • The board of trustees shall provide advice to both the Office and Authority with respect to all or some competencies of the Authority and shall raise to both its recommendations and suggestions regarding the plans, programs, projects and activities that are being supervised, managed or implemented by the Authority. • The board of trustees shall hold its meetings in accordance with the rules 22 and regulations approved by the Chairman of the Office. • The Chairman of the Office may assign the board of trustees to follow up on the functions of the Director-General, where necessary. Article (8) The Authority shall submit to the Office, every three months or whenever requested, a report on its functions, achievements, budget and financial and administrative affairs as well as the stages of progress achieved in the implementation of the competencies and tasks assigned thereto. Article (9) The Office may be responsible, pursuant to a resolution by the Chairman of the Office, for providing logistic support as well as all support services- related operations including Human Resources, financial, procurement and electronic systems affairs as well as other activities and services related to the institutional affairs of the Authority. Article (10) The financial resources of the Authority shall consist of the following: • The annual appropriations allocated thereto by the Government. • Any other revenues approved by the Executive Council. Article (11) The fiscal year of the Office 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 this Law and end on the last day of December of the following year. Article (12) The Authority shall have one external accredited auditor or more to verify the financial accounts and statements of the Authority. They shall be appointed 23 by a resolution of the Chairman that shall also determines their remuneration. Article (13) • The financial rules and regulations applicable in the Emirate shall apply to the Authority. • The employees of the Authority shall be subject to the human resources laws and regulations applicable in the Emirate. • The Nationals among them shall be subject to the civil retirement pensions and benefits applicable in the Emirate. Article (14) • The aforesaid Law No. (18) of 2008 shall be repealed. • Any provision contrary to 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: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 24 Law No. (17) of 2019 Concerning The Amendment of Some Provisions of Law No. (6) of 2016 concerning the Human Resources 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. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) • The text of Article (2/ Clause 2) of the aforesaid Law No. (6) of 2016 shall be replaced by the following text: Article (2/Clause 2): "The Executive Council or its delegate may exempt any government entity or any employee from applying the provisions of this law." • a new clause with number (4) shall be added to article (2) of the aforesaid Law No. (6) of 2016 as follows: "The Chairman of the Executive Council or the Executive Council may delegate any of their powers stipulated in the provisions of this law." 25 Article (2) Any provision contrary to the provisions of this Law shall be repealed. Article (3) 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: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 26 Law No. (18) of 2019 Concerning Abu Dhabi Executive 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 2018 concerning the establishment of Abu Dhabi Development Holding Company “Public Joint Stock Company”; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office, and its amendments; • Law No. (4) of 2018 concerning the General Secretariat of the Executive Council; 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 Executive Council : The Executive Council of the Emirate Office: : Abu Dhabi Executive Office Chairman : The Chairman of the Office General : The General Secretariat of the Executive Council Secretariat Secretary General : The Secretary General of the Executive Council 27 Committees of the : Abu Dhabi Strategic Affairs Committee, the Executive Executive Council Committee and any other committee emanating therefrom Governmental : The public departments, authorities and institutions Entities as well as the bodies, centres, councils, funds and any other entity affiliated to the government. Governmental : The companies owned by the government at a Companies percentage exceeding 50% of the Company’s capital except for the companies owned by Abu Dhabi Development Holding Company. Article (2) • The Office shall have a legal independent personality, enjoy full legal capacity to act and be affiliated to the Executive Council. The Office shall be considered as the legal successor of the General Secretariat and all the assets, properties, rights and obligations of the latter shall be transferred thereto. • The employees of the General Secretariat shall be transferred to the Office without prejudice to any of their financial rights. • The Office shall be presided by a Chairman at the grade of a Chairman of a Department, to be appointed by an Amiri Decree. He shall be a member of the Executive Council. Article (3) The Office shall be the authority in charge of supporting the Executive Council as well as its Committees. The Office shall in particular assume the following: 1. Study and review the applications and topics submitted to the Executive Council and its Committees, and submit the appropriate recommendations in preparation for submittal thereof to take the decisions required to this effect. 28 2. Study the topics ordered by the Executive Council or its Chairman and follow up on the implementation of the instructions issued in their regard. 3. Support the Executive Council and its Committees in the management of meetings, the drafting and issuance of resolutions. 4. Provide support to the members of the Executive Council including the establishment of offices thereto – if necessary – following the approval of the Executive Council. The Office shall provide financial and administrative support to such offices, including seeking the assistance of experts, institutions and consulting offices. 5. Provide legal opinion on the topics submitted to the Executive Council and its Committees. 6. Study, suggest and prepare local and Federal draft laws as well as the decrees, resolutions, regulations and agreements and present them to the Executive Council and its Committees. 7. Prepare and issue the Official Gazette of the Emirate. 8. Follow up on the implementation of the legislations and resolutions issued by the Executive Council and its Committees. 9. Support the Executive Council and its Committees regarding the development and improvement of the governmental performance in the various sectors. 10. Prospect opportunities and future challenges in all fields, lay down the plans required to this effect and submit them to the Executive Council or its delegate for approval. 11. Manage Abu Dhabi Award for Excellence in Government Performance. 12. Propose the standards for Abu Dhabi Award for Excellence in Government Performance and submit the results thereof to the Executive Council or its delegate for approval. 13. Organise the communications channels of the Executive Council and its Committees. 14. Oversee the diplomatic protocol and affairs in coordination with the 29 concerned local and Federal entities and other entities, lay down the policies and strategies thereof, and oversee the implementation thereof. 15. Any other competencies or tasks assigned thereto by the Executive Council. Article (4) • The Chairman shall have the power to oversee the functions of the Office and shall be liable for such functions before the Executive Council. He shall in particular assume the following competencies: 1. Approve the public policy of the office, obtain the approval of the Executive Council thereon and supervise the implementation thereof. 2. Issue the financial and administrative regulations of the Office, including the human resources regulations, following the approval of the Executive Council. 3. Approve the annual draft budget of the Office and obtain the approval of the Executive Council thereon. 4. Approve the organisational structure of the Office and obtain the approval of the Executive Council thereon. 5. Represent the Office before courts and third parties. 6. Appoint and terminate the service of employees in accordance with the applicable legislations. 7. Appoint experts, consultants and technicians on a temporary or permanent basis, determine their remuneration and seek the assistance of any experts, institutions and consulting offices as the Chairman finds appropriate. 8. Sign contracts, agreements and memoranda of understanding with third parties in accordance with the applicable legislations. 9. Open bank accounts in the name of the Office at the banks, manage and operate such accounts in accordance with the regulations adopted at the Office. 10. Any other competencies assigned thereto by the Executive Council. • The Chairman may delegate some of his competencies to senior employees of the Office. 30 Article (5) The Executive Council shall approve the controls for issuing and signing the resolutions of the Executive Council and its Committees, provided that such controls are issued by an Executive Council resolution with the signature of the Chairman of the Office. Article (6) • The General Secretariat shall be responsible for supporting the Executive Council and its Committees in the preparation and management of meetings as well as the arrangement of sessions, the preparation of agenda, the maintenance of minutes of meetings and all the documents. • The General Secretariat shall have a Secretary General who is at the grade of an undersecretary of a department and reporting to the Chairman, he shall in particular assume the following competencies: 1. Attend the meetings of the Executive Council and its Committees in accordance with the mechanism adopted by the Executive Council. 2. Make sure that the topics are studied before presenting them to the Executive Council and its Committees. 3. Supervise the preparation of the agenda of the Executive Council and its Committees. 4. Supervise the preparation of the minutes of the meetings of the Executive Council and its Committees and make sure that such minutes were approved in preparation for the issuance of necessary resolutions. 5. Any other competencies assigned thereto by the Executive Council or the Chairman. • The Office shall provide the support required for the General Secretariat to assume its competencies related to support services, including Human Resources, financial, procurement and electronic systems affairs as well as other activities and services related to institutional affairs. 31 Article (7) • The Office shall have a Director-General reporting to the Secretary General and in charge of conducting the daily work at the Office, and shall in particular assume the following competencies: 1. Coordinate with the Secretary General to submit the topics for presentation to the Executive Council and its Committees. 2. Control the performance of the organisational units in assuming all their administrative competencies except for the organisational units reporting to the Chairman. 3. Propose the public policy of the Office 4. Propose the financial and administrative regulations of the Office including the Human Resouces regulations. 5. Propose the annual draft budget of the Office. 6. Propose the organisational structure of the Office. 7. Any other tasks assigned thereto by the Chairman. Article (8) The financial resources of the Office shall consist of the following: • The financial appropriations allocated thereto by Abu Dhabi government. • Any other revenues approved by the Executive Council. Article (9) The fiscal year of the Office shall start on the first of January and end on the last day of December of each year. Article (10) The Office shall have one external accredited auditor or more to verify the financial accounts and statements of the Office. They shall be appointed by a resolution of the Chairman determining as well their remuneration. Article (11) All the Governmental Entities and Companies shall commit to provide the 32 Office with all the needed information, documents and statements related to its functions and competencies. Article (12) • The rules and regulations applicable at the Office and General Secretariat shall remain in force until the issuance of the financial and administrative rules and regulations in accordance with the provisions of this Law. • The aforesaid Law No. (3) of 2018 and Law No. (4) of 2018 shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. Article (13) 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: 25 April 2019 Corresponding to: 19 Shaaban 1440 Hijri 33 Law No. (19) of 2019 Concerning The Amendment of Some Provisions of Law No. (23) of 2006 concerning the Judiciary Department 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. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi, and its amendments; • Federal Law No. (35) of 1992 concerning the issuance of the Criminal Procedure Law, and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) A new Clause shall be added under No. (3) to Article (36 bis) of aforesaid Law No. (23) of 2006, to read as follows: “3. Subject to Clause (1) of this Article, the members of the Government Case Division shall be subject to the provisions prescribed in the human resources rules and regulations applicable in the Department.” Article (2) A new Article under No. (37 bis) of aforesaid Law No. (23) of 2006 shall be added to read as follows: 34 “The Chairman shall issue in agreement with the Chairman of the governmental entity a resolution determining the employees at said entity in the Emirate, who have the capacity of law enforcement judicial officers, in accordance with the local legislations providing for granting such capacity to the employees of any governmental entity”. Article (3) Any provision contrary to the provisions of this Law shall be repealed. Article (4) 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: 29 April 2019 Corresponding to: 23 Shaaban 1440 Hijri 35 Decrees 37 seerceD Amiri Decree No. (9) of 2019 Concerning The Appointment of the Chairman of Abu Dhabi Executive 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. (18) of 2019 concerning Abu Dhabi Executive Office; • 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 the Chairman of the Executive Council, Issued the following Decree: Article (1) H.E. Dr. Ahmed Mubarak Ali Al Mazrouei, member of the Executive Council, shall be appointed as Chairman of Abu Dhabi Executive Office. 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: 25 April 2019 Corresponding to: 19 Shaaban 1440 Hijri 39 Amiri Decree No. (10) of 2019 Concerning The Appointment of the Chairman of 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; • Amiri Decree No. (2) of 2019 concerning the assignment to act as Chairman of the Department of Finance; and • Based on what was presented by the Chairman of the Executive Council, Issued the following Decree: Article (1) H.E. Jassem Mohammed Bu Ataba Al Zaabi, member of the Executive Council, shall be appointed as the Chairman of the Department of Finance. 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: 25 April 2019 Corresponding to: 19 Shaaban 1440 Hijri 40 Amiri Decree No. (11) of 2019 Concerning The Appointment of the Attorney-General 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; • Law No. (2) of 2000 concerning Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi and its amendments; • Amiri Decree No. (21) of 2006 concerning the appointment of the Chairman of the Judicial Department in the Emirate of Abu Dhabi; • Amiri Decree No. (10) of 2014 concerning the assignment to act as the Attorney-General of the Emirate of Abu Dhabi; and • Based on what was presented by the Chairman of the Judicial Department, Issued the following Decree: Article (1) H.E.
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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
The text sets financial powers for Abu Dhabi governmental bodies, gives the Executive Committee and the Department defined powers, and lays out cultural-heritage rules that require Department permission for certain land use and conservation activities.
Counsellor Ali Mohammed Abdullah Al Balushi shall be appointed as the Attorney-General of the Emirate of Abu Dhabi starting 01/02/2018. Article (2) The previous service period of the person aforementioned in the provisions of the first Article of this Decree in the armed forces shall be added to the service period in the Judicial Department. 41 Article (3) Any provision contrary to the provisions of this Decree shall be repealed. The Competent entities shall, each within their own competencies, implement the same, and it shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 29 April 2019 Corresponding to: 23 Shaaban 1440 Hijri 42 Crown Prince Chairman of the Executive Council Resolutions 43 evitucexE eht fo namriahC ecnirP nworC snoituloseR licnuoC Chairman of the Executive Council Resolution No. (12) of 2019 Concerning the Financial Powers of the Executive Council’s Committees and Chairmen of the Governmental Entities 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. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Chairman of the Executive Council Resolution No. (30) of 2008 concerning the Determination of the Financial Powers fo the Heads of Government Departments and Sub-Committees; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) Definitions 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 Executive Council : The Executive Council of the Emirate Executive : The Executive Committee of the Executive Council Committee Sub-Committees : Committees that are formed and whose powers are determined by an Executive Committe Resolution. 45 Department : The Department of Finance Governmental : The Departments and any legal person affiliated to Entities the Government, enjoying full legal capacity to act and assuming the management of a public utility or aiming at delivering a public service, or any other entity affiliated to the Government. Affiliates : The governmental entities that are affiliated to the Departments and are subject to their control and supervision. Article (2) Scope of Application • The provisions of this Resolution shall apply to all the Governmental Entities in the Emirate except for the entities listed in the schedule attached to this Resolution. • The Executive Council may amend the schedule attached to this Resolution by adding or deleting entities. Article (3) Financial Powers of the Chairmen of the Governmental Entities • The Chairman of the Governmental Entity or whoever is delegated thereby in accordance with the approved delegation of Authority at the Entity shall have the following powers: 1. Approve the award of contracts pursuant to the appropriations of capital projects and operating expenses of which value as well as any amendments thereto does not exceed AED (50,000,000) and submit whatever exceeds such amount to the concerned Sub-Committee. 2. Subject to the first Clause of this Article, the Chairman of the Governmental Entity may approve any amendments introduced to the contracts, provided that they don’t exceed 25% of the contract value. 3. Disburse from the appropriations of capital projects and operating 46 expenses, in the light of the cash flow plan submitted by the Governmental Entity to the Department. 4. Write-off the assets and fixed assets as well as damaged and perished materials and equipment and the like from the accounting records of the Governmental Entity, dispose thereof by offering them for sale in a public auction or in any other way of disposition in accordance with the applicable legislations, provided that their book value does not exceed AED (25,000,000). • The Departments shall determine the financial power of their Affiliates at an amount not exceeding AED (50,000,000) for each entity. Such entities shall commit to disburse them in accordance with the controls laid down by the Department and applicable legislations. Article (4) Financial Powers of the Sub-Committees The financial power of the Sub-Committees shall be determined by an Executive Committee Resolution at an amount that does not exceed AED (250,000,000) for each committee. Article (5) Financial Powers of the Executive Committee The Executive Committee shall have the following financial powers: 1. Approve the awarding of contracts of capital projects and operating expenses as well as any amendments thereto of which value does not exceed AED (1,000,000,000) and submit whatever exceeds such amount to the Executive Council. 2. Subject to the first Clause of this Article, the Executive Committee may approve any amendments introduced to the contracts, provided that they don’t exceed 25% of the contract value. 3. Approve the writing-off of the assets and fixed assets as well as damaged and perished equipment and the like from the accounting records of 47 the Governmental Entity, dispose thereof by offering them for sale in a public auction or in any other way of disposition in accordance with the applicable legislations, provided that their book value does not exceed AED (500,000,000), and submit whatever exceed this amount to the Executive Council. Article (6) Abiding by the Rules of Governance All the Governmental Entities shall commit to the implementation of the following rules of governance: 1. Verify every financial request submitted to the Executive Committee or the Department by the Director of Finance or the like at the Governmental Entity. The request shall be also approved by the Chairman of the Governmental Entity. 2. Include the appropriations, budgets and decisions awarding the contracts of capital projects and operating expenses as well as the amendments thereto, the particulars of the main clauses, their value and the number of each appropriation. 3. The contracts of the capital projects, purchase orders, the contracts for materials and contracts for services and execution of works may not be divided for the purpose of changing the level of financial powers. 4. The power of approving the variation orders in respect of the contracts and purchase orders shall be at the same level with the power of whoever approved the contract and purchase order in the first place, unless the variation order entailed the increase of the overall value of the contract or purchase order, in which case a higher level of power is required. 5. Assuming the aforesaid powers shall be conditioned upon the availability of appropriations in the budget. 6. Obtain a fair assessment of the assets and fixed assets as well as the damaged and perished equipment and the like before disposing thereof. 7. Pay the dues of contractors, consultants, outsourcers and suppliers as 48 per the contracts after receiving the documents and invoices confirming implementation as appropriate. Article (7) Repeal of Contrary Provisions • The aforesaid Chairman of the Executive Council Resolution No. (30) of 2008 shall be repealed. • Any provision contrary to the provisions of this Resolution shall be repealed. Article (8) Effective Date 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: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 49 Schedule of Entities exempted from the Implementation of the Chairman of the Executive Council resolution No. (12) of 2019 1 Crown Prince Court 2 Ruler's Representative Court in Al Ain Region 3 Ruler's Representative Court in Al Dhafra Region 4 General Secretariat of the Supreme Petroleum Council 5 General Secretariat of the Executive Council 6 Abu Dhabi Executive Office 7 Executive Affairs Authority 8 Abu Dhabi Accountability Authority 9 Abu Dhabi Global Market 10 Abu Dhabi Securities Exchange 11 Emirates Nuclear Energy Corporation 12 Abu Dhabi Investment Council 13 Abu Dhabi Fund for Development 14 Abu Dhabi Retirement Pensions and Benefits Fund 50 Chairman of the Executive Council Resolution No. (13) of 2019 Concerning 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; • Law No. (6) of 2016 concerning Human Resources in the Emirate of Abu Dhabi; • Law No. (1) of 2017 concerning the Financial System of the government of Abu Dhabi; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office, and its amendments; • 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; • Chairman of the Executive Council Resolution No. (3) of 2015 concerning the Infrastructure and Environment Committee; • Chairman of the Executive Council Resolution No. (4) of 2015 concerning the Economic Development Committee; • Chairman of the Executive Council Resolution No. (5) of 2015 concerning the Social Development Committee; • Chairman of the Executive Council Resolution No. (6) of 2015 concerning Security, Justice, Health and Safety Committee; • Chairman of the Executive Council Resolution No. (76) of 2017 concerning the executive management employees at the governmental entities; • Chairman of the Executive Council Resolution No. (2) of 2019 concerning the formation of Abu Dhabi Strategic Affairs Committee; • Chairman of the Executive Council Resolution No. (12) of 2019 51 concerning the Financial Powers of the Executive Council’s Committees and Chairmen of Governmental Entities; • Executive Council Resolution No. (22) of 2019 concerning the additional competencies of the Executive Committee; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) The Executive Committee shall assume the following competencies: First: Strategic Competencies 1. Approve the strategic and executive plans of the governmental entities and the Emirate, submit them to Abu Dhabi Strategic Affairs Committee for approval in preparation for obtaining the approval of the Executive Council thereon. 2. Oversee the performance reports of the Emirate plan and approve them in preparation for obtaining the approval of the Executive Council thereon. Second: Competencies related to Projects and Operation 1. Issue the decisions and decide upon the capital projects as well as the operating expenses contracts, tenders, variation orders, additional works, delay penalties, payments due to the contractors and consultants and final settlements within the limits of its financial power. 2. Issue the initial approval on the list of capital projects in preparation for studying the same by the Department of Finance, include it in the draft public budget and submit it for obtaining the approval of the Executive Council thereon, and follow up on the implementation thereof. 3. Study new capital projects that were not approved in the public budget of the relevant fiscal year and approve it, provided that the total value of projects does not exceed the amount of AED (250,000,000). 4. Approve the amendment of the scope of approved capital projects, provided that it does not exceed 25% of the contract value and falls within the limits of its financial power. 52 5. Approve Public-Private Partnership projects within the limits of its financial power and in accordance with the approved budget. 6. Approve the initiatives, programmes and projects with the relevant entities concerning enriching the lifestyle of the residents and visitors of the Emirate of Abu Dhabi, and follow up on the implementation thereof. Third: Financial Powers 1. Review the public budget and submit it to Abu Dhabi Strategic Affairs Committee for approval in preparation for obtaining the approval of the Executive Council thereon. 2. Review the financial performance reports as well as the financial statements and submit them to Abu Dhabi Strategic Affairs Committee for approval in preparation for obtaining the approval of the Executive Council thereon. 3. Approve the additional appropriations within the limits of its financial power provided that the total additional appropriations do not exceed 1% of the annual budget of the development and service entities altogether, which is to be determined by a resolution issued by the Executive Council. 4. Exempt from amounts due to the government within a limit that does not exceed in total the amount of AED (50,000,000) during the fiscal year. 5. Approve the imposition of fees, prices and tariffs, or amendment or cancellation thereof or exemption therefrom and obtain the approval of the Executive Council thereon. Fourth: Human Resources Competencies 1. Review the human resources and Emiratisation public policy in the Emirate before submitting it for approval by the Executive Council and follow up on the implementation thereof. 2. Approve the organisational structures of the governmental entities and any amendments thereto. 3. Decide upon the remunerations of the employees, board of directors and trustees in accordance with the policies and controls aproved by the Executive Council. 53 4. Decide upon the following subjects: a. Leaves. b. The educational qualification and experience requirements for appointment or promotion. c. Extending the service after reaching retirement age. 5. Second employees at a level below executive management to Federal governmental entities and local governments in other Emirates, as well as to public and private legal persons within the State, at the government’s expense or the borrowing entity would have to pay the total salary of the seconded employee, and to Arab, foreign, international and regional governments and organisations. 6. Review recruitment and promotion applications for any executive management position, including the verification of fulfilment of the conditions as required and approved in accordance with applicable legislations, conduct the necessary interviews with the candidates, and raise any recommendations in this regard to the Executive Council. 7. Approve the financial promotions of the employees of the executive management. 8. Review service termination applications for the occupants of executive management positions and submit the recommendations in this regard to the Executive Council. 9. Approve the secondment, transfer or delegation of the occupants of executive management positions inside or outside the governmental entity, subject to the competency of the Chairman of the governmental entity or the like, as provided for in the aforesaid Chairman of the Executive Council Resolution No. (76) of 2017. 10. Form investigation committees for the employees of the executive management and view their reports. 11. Decide upon the referral of the occupants of executive management positions to discipline and impose a penalty upon them. 12. View the final results of the annual efficiency reports of the employees of the executive management and submit the recommendations regarding those who obtained poor results in the assessment reports to the Executive Council. 54 Fifth: Formation of Committees and Working Teams 1. Form sub-committees from among the Committee’s members or others, including the Executive Management Committee, allocate their financial power as well as their competencies and work procedures, and assess their performance. 2. Form working teams from among the Committee’s members or others, determine their tasks and work procedures, and follow up on them. Sixth: Legislative Competencies 1. Study and suggest local legislations and submit them to the Executive Council. 2. Study Federal legislations and submit recommendations in their regard to the Executive Council. It may delegate Abu Dhabi Executive Office for this task in accordance with the mechanism adopted thereby. 3. Issue circulars regulating governmental work. 4. Lay down the policies and controls related to the review and approval of agreements and memoranda of understanding. It may authorise sub- committees or governmental entities to approve them in accordance with the controls set thereby for this purpose. Seventh: Complaints and Grievances 1. Consider the complaints and grievances filed by individuals, companies and contractors against governmental companies and entities, except for those related to human resources and personnel, and issue the necessary decisions in their regard, including the referral of employees to discipline in accordance with the regulations applied in case of proven negligence or default. Eighth: Other Competencies 2. Approve to lease and transfer the headquarters of the governmental entities. 3. Approve to use of the name of Abu Dhabi, government or the brand 55 identity of the Emirate. • The Executive Committee may delegate any of its competencies to any sub-committees. Article (2) • The Chairman of the Executive Committee or his delegate shall be in charge of guiding the Committee and may for this purpose assume the following: 1. Approve the agenda suggested for the Committee’s meetings. 2. Preside the Committee’s sessions and discussions and review any business developments. 3. Invite other entities to the Committee’s meetings. • The Executive Committee shall submit periodic reports to the Executive Council containing the performance of the Committee and its members. Article (3) • The Executive Committee shall meet at the invitation of its chairman or his delegate. • The minutes of the meetings of the Executive Committee shall be recorded and signed by the members. Article (4) The Executive Committee and sub-committees may hold a joint meeting to discuss a subject or prepare a report related to any of the Emirate’s affairs. The joint meeting shall be presided by the Chairman of the Executive Committee or his delegate. Article (5) • The Committee shall designate a rapporteur from among the employees of Abu Dhabi Executive Office. • All governmental companies and entities shall provide the Committee 56 with all information, documents and statements requested thereby, either directly or through Abu Dhabi Executive Office. Article (6) Abu Dhabi Executive Office shall provide the necessary support to the Executive Committee and sub-committees. Article (7) • The aforesaid Chairman of the Executive Council Resolutions No. (2) of 2015, (3) of 2015, (4) of 2015, (5) of 2015 and (6) of 2015 as well as the aforesaid Executive Council Resolutions No. (22) of 2019 shall be repealed. • Any provision contrary to the provisions of this Resolution shall be repealed. Article (8) 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: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 57 Chairman of the Executive Council Resolution No. (14) of 2019 Concerning the Issuance of the Executive Regulations of Law No. (4) of 2016 concerning the Cultural Heritage of the Emirate of Abu Dhabi 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. (11) of 2013 concerning the organization of Expropriation for Public Benefit; • Law No. (4) of 2016 concerning the cultural heritage of the Emirate of Abu Dhabi; • Law No. (8) of 2018 concerning the establishment of the Department of Culture and Tourism; • Federal Law by Decree No. (2) of 2017 concerning the provision of the foreign cultural objects with immunity from seizure or confiscation; • Chairman of the Executive Council Resolution No. (54) of 2016 concerning the regulation of the licensing of events in the Emirate of Abu Dhabi; • Chairman of the Executive Council Resolution No. (23) of 2018 concerning additional competencies 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) Definitions In implementation of the provisions of the present Regulations, the following terms and expressions shall have the meanings assigned thereto, unless the 58 context requires otherwise: State : The United Arab Emirates Emirate : The Emirate of Abu Dhabi Executive : The Executive Council of the Emirate Council Department : The Department of Culture and Tourism Law : Law No. (4) of 2016 concerning the cultural heritage of the Emirate of Abu Dhabi Cultural : Anything that has a cultural significance by nature, Heritage whether it is a tangible or intangible heritage, and is attributed to the Emirate in accordance with the provisions of the Law, and anything else that the Executive Council decides to consider as cultural heritage. Tangible Cultural : Any Tangible heritage featuring a cultural significance, Heritage whether it is an immovable or movable property, including antiquities, historical monuments, compounds and buildings, as well as cultural sites and cultural natural landscapes, and modern architectural heritage, according to the provisions of the present Regulations. Intangible : Any non-material cultural heritage representing the Cultural perceptions and practices, as well as the forms of Heritage expression, knowledge, skills and whatever is related thereto such as instruments, objects, artefacts and any places considered by the Nationals of the Emirate as a part of their Cultural Heritage which is transmitted from one generation to other and which strengthens their sense of identity and Sense of continuity. Cultural Sites : The sites which contain the result of human or nature’s work related one way or another to human history and including all the sites which feature Tangible Cultural Heritage. 59 Historic : The building of cultural significance whether be Buildings complete or incomplete as determined by the provisions of the present Regulations. Cultural : Any extraordinary symbolic value from a technical, Significance scientific, literary, religious, aesthetic, archaeological, social, representational, cognitive, ethnological or anthropological point of view, or any value attributed to the rarity of the thing, or for being a unique landscape, or for having a heritage, symbolic or architectural value, or a value related to history including the history of sciences, technology as well as the political, military or social history, in addition to the biography of the national leaders, intellectuals, writers, scientists and artists, and the important events witnessed by the Emirate, as per the discretion authority of the Department. Owner : Any person whose ownership of a Tangible Cultural Heritage was proved according to the legislations in force in the Emirate. Should it be impossible to determine the owner, then the actual possessor of the Tangible Cultural Heritage shall assume all the obligations prescribed for the owner in the Law or the present Regulations. Surrounding The area surrounding the Cultural Site as determined Area: by the Department and indicated on the planning maps in coordination with the competent authorities, and as registered with the Cultural Site in the Register. Exploration : An organised field work programme with specific scientific goals comprising digging, excavation and detection on the surface, in the underground or in territorial waters in order to discover antiquities. Possession : The acquisition of a Tangible Cultural Heritage by ownership, tenancy, exploitation, lending or other legal means. Preliminary : The inspection of a specific region that is subject Cultural to urban development before implementing any Inspection construction or infrastructure projects. This may include carrying out some exploration works. 60 Private Museum : A site or building, or a part thereof, which is permanently established and meets all the technical standards prescribed by the Department. It displays various valuables, documents, antiquities, as well as heritage, cultural, educational, touristic, natural or artistic tools or others, for the purpose of education, research, entertainment or other objectives. It shall be open for the public to develop the culture of the community and the promotion of tourism. Reconsideration : The reconsideration committee that is formed in the Committee Department according to the legislations in force. Licence : The licence granted for the practice of the activities prescribed as per the provisions of the this Regulations. Register : The Register(s) established by the Department to record any data or information related to the elements of Cultural Heritage and whatever is related thereto such as maps, documents among many others, in accordance with the provisions of the Law and this Regulations. Registered/ : Any historic region, antiquities or landmark that is Protected listed in the Register including all the elements of such region, antiquities or monuments, including buildings, Tangible Cultural monuments, urban style, walls, castles, forts, Heritage engineering constructions, oasis, natural environment, as well as the scope of protection and easement rights of such sites, in addition to all their particulars and components and any elements related thereto; they shall be subject to the rights and implications resulting from the registration of the site as per the provisions of the Law as well as the present Resolutions and the resolutions issued thereunder. Restoration : Special technical process aiming at preserving the Cultural Site or the historic monument, in order to emphasize their aesthetic, construction and historic value, and repairing any damaged parts without prejudice to the nature of its original construction materials and components and its relationship with its surrounding, and without any addition thereto. 61 Reconstruction : The reconstruction of any Cultural Site that has been damaged because of any disaster or war or other damages, using any modern construction materials to return it to its previous state, in order to preserve it. The decision of whether or not to perform reconstruction shall be made by technical experts and specialists in this field at the Department, provided that they provide detailed documented information about the building during the past time period during which the building was constructed. Rehabilitation : The reuse of a Cultural Site of an average importance while making limited changes on its internal spaces, in order to benefit therefrom, preserve it and to ensure its continuity. Management of : Supervision or control of the Cultural Site and its the Cultural Site surroundings in order to preserve the sources of Cultural Heritage, maintain them, and use them properly through proper planning of sustainable development according to the technical conditions and procedures approved by the Department. Article (2) Scope of Implementation of the Executive Regulation The provisions of the present Regulations shall apply to the Cultural Heritage, and to the foreign Tangible Cultural Heritage within the limits of what has been provided for in the Law and the present Regulations. Article (3) Ownership of the Cultural Heritage 1. The Owner of the land shall not be owner of any Tangible Cultural Heritage available therein unless otherwise is proved before the Department or the competent court. 2. The Owner of a land containing any Tangible Cultural Heritage shall neither build thereon nor exploit it in any form unless with the prior permission of the Department, in accordance with the conditions and controls determined thereby. 62 Article (4) Material and Moral Incentives 1. The Department may provide material and moral incentives to any natural or corporate person contributing to the preservation of the Cultural Heritage in accordance with the provisions of the Law and the present Regulations. Such incentives may be in the form of exemptions, technical assistance, material rewards, consultations or any other forms of incentives or exemptions determined by the Department. 2. Material and moral incentives shall be granted according to the application submitted by the department concerned with the Cultural Heritage at the Department along with a report supported by the necessary documents and stating the reasons of granting such incentive. 3. Incentive shall be granted to the possessor of the Tangible Cultural Heritage registered in the Register, for the purpose of maintenance, Restoration, Reconstruction or Rehabilitation thereof. 4. Material and moral incentives shall be granted to any person, not employed at the Department, who reports about finding antiquities by accident or provides any information about the presence of antiquities in any place inside the Emirate. Two or more incentives of those stipulated in the present Regulations may be allocated to the same person. 5. The Department may grant material or moral incentives to whomever contributes to the achievement of the objectives of the Law and the present Regulations, without being an employee at the Department, including financial incentives to the civil society institutions, and to the members of the committees established by the Department or to the members of the society. 6. Material and moral incentives shall be granted based on the proposal of the department concerned with Cultural Heritage at the Department, and based on the recommendation of the Undersecretary of the Department and the resolution of the Chairman of the Department who may issue any instructions determining the rewards, incentives and conditions of granting such rewards and incentives without referring to him in each specific case. 7. In cases other than granting incentives to committees, consultants and experts, material or moral incentives shall be granted based on an application submitted by the concerned person to the Department on the form prepared for this purpose, with all supporting documents. The application shall be referred to the department concerned with Cultural 63 Heritage at the Department so that said department study, express its opinion thereon, and provide the Undersecretary of the Department with a recommendation to grant or not to grant the requested incentives and the reasons in this regard. 8. The Undersecretary of the Department shall submit the application, the opinion and recommendation of the department concerned with the Cultural Heritage at the Department, as well as all supporting documents and his point of view to the Chairman of the Department. In the light of that, the Chairman of the Department shall take the appropriate decision regarding the requested incentives. 9. The Department shall grant material incentives to the possessor of a Cultural Heritage for maintenance and Restoration thereof should the possessor be unable to repair such heritage totally or partially. Incentives shall also be granted to the persons who are financially able to repair the Tangible Cultural Heritage within the amount determined by the Department from the repair expenditures approved thereby. The Department may verify this matter in the manner it deems appropriate. 10. The Department shall bear all the expenses of the maintenance, Restoration, Reconstruction, or Rehabilitation of the immovable Tangible Cultural Heritage, in case such Heritage is exploited thereby for public interests. 11. No maintenance, Restoration, Reconstruction, or Rehabilitation of the Tangible Cultural Heritage may be performed unless after obtaining the prior permission of the Department, otherwise the possessor shall not benefit from the incentives unless the repair is an urgent matter that may not be delayed, as per the discretion of the Department. 12. In order to grant incentives, the possessor shall abide by the resolutions of the Department, in addition to other conditions stipulated in the Law and the present Regulations, regarding the use, preservation and maintenance of the Tangible Cultural Heritage. Maintenance shall be performed in conformity with international standards, and the materials of repair shall be those allowed by the Law. 13. The Department may perform maintenance, Restoration, Reconstruction or Rehabilitation directly through its employees, `may entrust such works to another person, may request the possessor to perform the repair works in accordance with the conditions determined thereby, such as the submittal of proper invoices including the expenses of such repairs, or may provide the possessor with the necessary repair materials.. 64 14. In case of multiple persons requesting an incentive for the same thing, then the incentive determined by the Department shall be equally distributed among them. However, the Department may grant a separate financial incentive to each of them as per the discovered antiquity and the Significance thereof for the Emirate and according to any other circumstances related to said antiquity. 15. The Department may cancel and withdraw the material incentive in case it has been proved that the concerned person does not deserve it for legal reasons, or for information received from any entities related to the works of the relevant committees and institutions. 16. In case the information or the antiquities discovered by accident are related to many sites, or in case the movable antiquities discovered by accident are numerous, then the Department may grant a cash incentive for each site or movable antiquity, as per the discretion of the Department and depending the discovered antiquity and the Significance thereof for the Emirate and based on any other circumstances related thereto. Article (5) Elements of the Tangible Cultural Heritage The Tangible Cultural Heritage is any tangible heritage has a cultural significance whether it is movable or immovable, including antiquities, historical complexes and buildings, Cultural Sites, cultural landscapes and modern architectural heritage, including the following: 1. Cultural Sites: The sites that contain the result of human or nature’s work and are related one way or another to human history and including all the sites which feature Tangible Cultural Heritage. The main protected areas and the surrounding areas protecting such sites as well as the Historic Buildings and other cultural sites having a Cultural Significance that is determined by the Department and located within the limits of the Cultural Sites. 2. Antiquities including the following: a. Any movable or immovable Tangible Cultural Heritage that was produced, built, manufactured, carved, engraved, written, drawn, pictured, amended, drilled or occupied by man, or was naturally formed one hundred years ago within the territories of the Emirate, or was 65 discovered on the surface of the earth, or underground, in its inland or territorial waters as long as it represents a rare or unique value on the historical, artistic, scientific, literary, religious, natural, architectural or construction level or any other level affecting humanity; or considered as a manifestation of the civilisation’s development in the Emirate, including any part that was added thereto after this date without causing any prejudice to its essential constitutive characteristic while becoming an integral part thereof. b. The human, plant or animal remains of rare or unique value dating back to before year 600 AD. c. Whatever is considered by the competent Federal authority or the Department a national antiquity given its Cultural Significance in accordance with the applicable legislations. d. Any movable or immovable Tangible Cultural Heritage that was constructed, made, sculpted, carved, written, painted, illustrated, modified or used by man in the land territory or maritime area of the Emirate, or results from the work of man or nature, and includes the human, environmental and plant remains as well as substances of natural origins which have been changed by man, or any movable thing among the abovementioned matters of Cultural Significance. This shall be determined by examination of the substances and cultural materials that shall be registered in the Register such as the urban environment, the remains of the living creatures and the cultural landmarks, to demonstrate the content and evolution of the places, people and cultures which have evolved, as per the cultural value and Significance regardless of the chronological age. 3. Fossils: The places of geological formations where fossils may be found, they take the form of vertebrates and invertebrates and/or fossil of plants, as well as the prints of fossils. 4. Underwater Cultural Heritage: Any Tangible Cultural Heritage that is formed as a result of the human existence, or it is human-made heritage that remained totally or partially underwater in the Emirate, periodically or continuously, for at least 100 years, unless the Department determines a shorter period. This includes underwater sites and buildings, sites of 66 shipwrecks, remains of any wreck and their natural and archaeological context, in addition to the remains of underwater human activities such as the parts that were recovered therefrom and the underwater natural sites. 5. Antiques and Museum Pieces: Artefacts that are not linked to or integrated into a structure or place within the cultural sites, but historically related thereto. 6. Complexes: A group of separate or connected buildings having a Cultural Significance due to their architecture, coherence or integration in a natural or urban cultural landscape. 7. Historic Buildings: Building of Cultural Significance whether it is complete or incomplete, such as any building or structure or even a part of a building that was constructed with traditional construction materials and techniques. These buildings may be classified as such through a Preliminary Cultural Examination, survey, excavation and other means. A building may be classified as historical by a resolution of the Chairman of the Department based upon the recommendation of the Undersecretary of the Department if it features a Cultural Significance that requires so, regardless of its chronological age. 8. Modern Cultural Heritage: A heritage of Cultural Significance, whether it is complete or incomplete, resulting from the human creativity that is based on the important evolutions that took place after discovery of oil, and after changing the traditional method of construction. Said heritage includes the modern architectural environment, the structures, buildings, neighbourhoods, sites, regions, landscapes among many others, based on their cultural value and Significance and regardless of their chronological age. 9. Protection Areas: Geographically determined Urban or rural areas of Cultural Significance, including buildings, streets, fields, urban style, artworks, gardens and cultural landscapes therein. The following requirements shall be observed: • Protection Areas shall be determined in cooperation with the competent entities in the Emirate, and shall be classified as Protection Areas in the geographic information system (spatial data system) and 67 shall be indicated on the land system according to reference numbers and on the system of construction licences. • All conditions for the development and construction activities around the Protection Areas and their surroundings shall be determined in coordination with the concerned entities in the Emirate. • Classifying an area for urban conservation does not mean that construction or development activities are prohibited, instead, such works shall be controlled to protect these areas for future generations and to maintain the identity thereof. • Any development for any part of the Protection Area shall be carried out through any private or governmental entity, based on a prior approval from the Department and in coordination therewith to this effect. 10. Cultural Landscapes: The landscapes which were naturally formed in a specific region as a result of a material or non-material interaction between man and his natural environment, have a great role in explaining the development and stability of the society in the Emirate with the passage of time, and deserve to be registered in the world heritage list, as per the discretion of the Department. Cultural landscapes are divided into two main categories: Category 1: The landscapes that are precisely determined and deliberately designed or created by man. This category includes the natural locations of the gardens designed for aesthetic purposes, and which are oftenly related to buildings and religious complexes among many others. Category 2: The functionally developed landscapes which are initially established for social, economic, administrative and/or religious purposes, then their actual form has changed during interaction with their natural environment. This evolution process manifests in the form and features of these landscapes which are divided into two sub- categories: • Old Landscape (fossil): It witnesses an evolution process in a certain era in the past, whether suddenly or for a period of time, and such evolution is still physically visible. 68 • Continuous Landscape: It has maintained in the modern society an active social role that is closely linked to the traditional way of life, and its evolution is still ongoing, while keeping prominent tangible signs indication its evolution over the time. 11. The Cultural Significance characterising a cultural site involves several values and standards which are assessed as per the analysis of the technical experts at the Department, as Cultural Significance does not derive from the physical existence of heritage assets only, but also from their surroundings. The Cultural Significance is also reflected in the heritage asset itself and the importance of its transfer to future generations and in the elements of determination of its structure, forms, location, surroundings, space, use, connections or social and cultural values. 12. The area surrounding a Cultural Site shall be considered as a natural, environmental, aesthetic, visual or legal extension thereof, and shall have a main role in preserving its integrity for the purpose of protecting it from deformation, urbanisation or environmental risks. The surrounding area shall be directly attached to the registered site and all areas supporting and protecting the cultural site. The protection area shall be determined through the technical mechanisms and procedures applied at the Department, in coordination with the Department of Urban Planning and Municipalities and all relevant entities. The Protection Area shall not be considered as a part of the Protected Area, and any amendments regarding the Protected Area require the prior approval of the Department. 13. Historic Environment: All environment aspects resulting from the interaction between individuals and places over the time, such as any tangible remains that witnessed past human activities, whether visible, buried or submerged in water, or whether they are among cultural views or cultivated plants. Article (6) The Authority Concerned with Cultural Heritage and its Competences The Department shall be the authority in charge of all the matters related 69 to Cultural Heritage, and shall exercise all the competencies and powers deemed necessary to achieve the objectives of the Law and the present Regulations as per the relevant legislations, in coordination and cooperation with the concerned Federal and local governmental entities as well as the civil society institutions, individuals and international entities and organisations whenever appropriate. Article (7) Mechanism and Procedures of Cooperation and Coordination The Department shall cooperate and coordinate with different Federal and local governmental entities and other entities, as follows: 1. All relevant local governmental entities, as follows: • Study the historic and archaeological cultural sites, and particularly coordinate with the aim to develop the cultural sites for tourism promotion by concluding agreements, memoranda of understanding between the Department and the concerned entity. • Train the tourist guides in the field of introducing the Cultural Heritage and Cultural Sites, and tourism promotion thereof. • Organise seminars, exhibitions and festivals concerning Cultural Heritage and Cultural Sites. • Coordinate on including Cultural Heritage Courses in the academic programmes or organise activities in parallel with the academic curriculum. 2. The Department of Urban Planning and Municipalities, as follows: • Conclude agreements or memoranda of understandings and cooperate with the Department of Urban Planning and Municipalities to preserve the Cultural sites and heritage monuments when carrying out urban planning, road construction, and other public projects that may impact and affect the Tangible Cultural Heritage to protect it and preserve its site as well as the scope of the required rescue operation. • Coordinate on the development, protection and promotion of the cultural sites, and establish museums for heritage collectibles; • Coordinate on participating in the planning of roads and public facilities in order to preserve the cultural sites and heritage monuments; allocate spaces for the protection of heritage monuments as per the 70 Cultural Significance of the Cultural Heritage and its surrounding natural landforms. • Coordinate on setting development plans in the areas surrounding the Cultural Site. • Coordinate on laying down development conditions for the lands located in the Protection Areas related to the cultural site. • Provide the necessary consultancy about the Emirate’s vision and future urban development plan in the regions of the Emirate, and verify the extent to which they are in conformity with the cultural scope and the plans of preservation of the Cultural Heritage in the Emirate. • Coordinate on Registered/Protected Tangible Cultural Heritage and share its digital and spatial data. 3. Civil Society Institutions, as follows: • Encourage the Civil Society Institutions in the Emirate to protect and promote Cultural Heritage and Cultural Sites. • Coordinate with the Civil Society Institutions to set a plan for the protection of the Cultural Sites which are registered in the local register and encourage the public to access such sites and become familiar therewith. • Support the Civil Society Institutions to organise cultural festivals and heritage exhibitions in coordination with the Department. • Encourage the Civil Society Institutions to issue publications and booklets and enrich the website with any material related to the dissemination and promotion of the Cultural Heritage of the Emirate. 4. Federal governmental entities, as follows: • Follow up on the import and export of antiquities with the Federal authorities and coordinate therewith to transport the Tangible Cultural Heritage across the State borders. • Coordinate with the concerned parties to pursuit the stolen or smuggled antiquities and exchange information related thereto. • Set inventory programmes for Cultural Heritage Assets and place the Register on the electronic website to be accessible to other Federal and local authorities in order to cooperate with one another to protect such assets.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 3
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 3
This provision sets rules for protecting, registering, inspecting, transferring, borrowing, exporting, and seizing cultural heritage, and for reporting accidental discoveries.
71 • Provide the competent authorities with recommendation regarding the accession of the State to international agreements and conventions related to Cultural Heritage and the protection of Cultural Sites. 5. Customs and Police, as follows: • Coordination between the Department and the services of the land border crossings and the air and sea entry points (Customs and Police) to notify about the seizures of smuggled antiquities and protecting the same. • Establish an official register to indicate the number of antiquities seized by the Customs/Police. • Deliver the seized antiquities to the Department and complete the seizure procedures according to the applicable legislations. • Coordinate with the concerned entities at the Customs and Police on training the persons working at the concerned departments and organise intensive sessions about the preservation and protection of the Tangible Cultural Heritage, particularly the movable heritage. 6. International entities and organisations, as follows: • Combat illicit trade in the movable antiquities and their illegitimate transfer, including smuggling. • Seek to conclude any necessary agreements to return any Cultural Heritage that is illegally outside the country to the Emirate. • Seek to conclude agreements with neighbouring states regarding the underwater heritage in the border water area. • Respect the global human heritage. Article (8) Cases of Expropriation of Immovable Tangible Cultural Heritage 1. Subject to the aforesaid Law No. (11) of 2013, the Department may suggest any expropriation or transfer of possession of any immovable Tangible Cultural Heritage or any private land containing any antiquities for the public interest in return for a fair compensation. The Department shall submit an application for proposal of expropriation or transfer of possession to the competent entity in the Emirate according to the applicable legislations. 72 2. The department concerned with the Cultural Heritage at the Department shall prepare a technical report including a recommendation to the Undersecretary of the Department on the proposal of expropriation or transfer of possession of any immovable Tangible Cultural Heritage, and shall complete the necessary procedures according to the applicable legislations. 3. The procedures of expropriation or transfer of possession of an immovable Tangible Cultural Heritage for public interest shall be completed according to the provisions of the Law and the present Regulations, for the purpose of maintenance, protection and preservation thereof in the following cases: • In case the owner refuses or fails to comply with the instructions of maintenance and protection of the immovable Tangible Cultural Heritage as prescribed by the Department. • In case the Possession or the use of the Tangible Cultural Heritage is contrary to the requirements of preservation thereof, and the owner refuses to resolve that. • Any other reason indicated by the Department and deemed necessary on the technical level to preserve the Tangible Cultural Heritage. Article (9) Procedures of Transfer of Possession of the Movable Tangible Cultural Heritage The Department shall assume the powers and procedures of transfer of possession of the movable Tangible Heritage as follows: 1. The Department may transfer the possession of a movable Tangible Cultural Heritage for the purpose of maintenance and protection thereof. The compensation to be paid in return shall be assessed by the Department as per the followed procedures and shall be notified to the concerned person. In case of disagreement over the compensation to be paid in return, then the concerned person may file grievance against the resolution of the Department. 2. The transfer of possession of a movable Tangible Cultural Heritage for the public interest shall occur by a resolution of the Undersecretary of the 73 Department as per the recommendation of the concerned department with the Cultural Heritage at the Department, provided that the owner is notified of the resolution and technical opinion in this regard. 3. The Undersecretary of the Department shall issue a resolution on the formation of a committee of competent experts, as per the recommendation of the department concerned with Cultural Heritage at the Department, to assess the compensation. Experts and specialists from outside the Department may be consulted. 4. The concerned person may file grievance against the assessed value of compensation before the review committee, within fifteen days from receiving notification, and the review committee shall issue its resolution on the objection within fifteen days from the date of submittal thereof. 5. The decisions of the review committee regarding grievances may be subject to grievance before the Chairman of the Department within fifteen days from the date of notification of the concerned person thereof, and the Chairman shall decide on the grievances raised thereto. 6. The concerned person may appeal against the resolutions of the Department before the competent court if the value of compensation does not suit him. Article (10) Procedures of Preservation of the Tangible Cultural Heritage 1. Tangible Cultural Heritage shall not be damaged or moved; no part thereof may be moved, and no action may be carried out if it affects such Heritage in any form whatsoever. The owner shall keep it in its original form, shall use it as per its prescribed purpose and shall maintain and restore it under the supervision and control of the Department whenever necessary. 2. The Department, after verifying the lack of technical or financial capacity of the owner to implement the requirements of preservation, maintenance and restoration, shall take the necessary procedures in this regard to preserve the Tangible Cultural Heritage as per the mechanisms and procedures stipulated in the present Regulations. 3. The Department shall determine for the owner the method of use, management, preservation, maintenance and restoration of the Tangible 74 Cultural Heritage owned thereby. The Department may request that the owner changes said method at any time, and the owner shall abide by such instructions. 4. The Department shall inform the possessor of the Historic or heritage Building about the duties to be carried out thereby to prevent the collapse or the change of the features of the building. The possessor shall carry out such duties within six months from notification thereof. 5. In case the aforementioned period lapses and the possessor has not started to carry out the duties, without any reasonable justifications accepted by the Department, then the latter shall take the procedures deemed adequate for the preservation and protection of the Historic or heritage Building, including the maintenance thereof while keeping it in the hands of the possessor, or by taking the decision of expropriation and maintenance thereof as appropriate in return for compensation. 6. No maintenance may be carried out to any building located in the Surrounding Areas or to any Historic or heritage Building unless with the prior permission of the Department. Such permission shall not be granted unless the Department verifies that maintenance is suitable for the historic and heritage aspects of the Cultural Heritage building or site, and does not affect the external or internal safety of the historic or archaeological building. 7. In all cases, the Tangible Cultural Heritage shall not be subject to maintenance or restoration unless according to the recognised standards, methods and specifications, and by using the technically allowed materials as per the procedures determined by the Department. 8. Subject to the procedures of granting material and moral incentives, the Department may provide the concerned entities with the recommendation to exempt the materials of maintenance and restoration of the Tangible Cultural Heritage from all taxes and fees, and may exempt the possessor of the Cultural Heritage from the fees of maintenance and restoration as per the applicable legislations. 9. Subject to the procedures of granting material and moral incentives, the Department – upon verification of the lack of any financial or technical capacity of the owner to implement the requirements of preservation, 75 maintenance and restoration – may take the adequate procedures in this regard to preserve the Tangible Cultural Heritage. 10. In order to preserve the Tangible Cultural Heritage, the Department may conduct studies on various aspects of protection, hire experts, train technicians in this regard, lay down the necessary procedures, and may request that the owner of the Tangible Cultural Heritage signs an acknowledgment to abide by the following: • Conservation of the Cultural Heritage by restoration, renewal, rehabilitation or reconstruction. • Duties of the owner and the persons in charge of the Tangible Cultural Heritage. • Facilities granted to the public to visit the sites of Tangible Cultural Heritage, and the employees assigned by the Department to inspect and protect the Cultural Heritage. • In case the owner of the Tangible Cultural Heritage does not maintain it as per the method indicated in the acknowledgment or if he refuses to implement the instructions thereof, the Department may suggest expropriation of the immovable Tangible Cultural Heritage according to Law No. (11) of 2013 concerning the regulation of expropriation for public interest and its Executive Regulations. Article (11) Discovery of Antiquities by Accident The following procedures shall be followed in case of discovering antiquities by accident: 1. In case any person has found or discovered any antiquities by accident or in the course of carrying out any works, then he shall immediately stop such works in the site and inform the Department or any security agency about the discovery within 24 hours. In case of failure to report the discovered antiquities, this shall be considered as a punishable violation by the Law. 2. Subject to Clause (1) of this Article, the Department may take the necessary measures to preserve the discovered antiquities, and in all cases the antiquities which were discovered by accident shall be considered as a Public Heritage owned by the Emirate unless otherwise is proved. 76 3. The Department may take the necessary measures to preserve the discovered antiquities, such as the examination of the site and the excavation of antiquities, in addition to the permanent or temporary prohibition of any works in said site. The Department may also modify any plans of the construction works accordingly. 4. The reporting person shall preserve the antiquities until they are delivered to the Department. The latter, after taking note of the discovery of antiquities, shall immediately take precautionary measures to protect the site where they were discovered and shall send competent entities to verify the antiquities, write a technical report thereon, avoid any damage that may affect them, and take any adequate protective resolutions and procedures. For this purpose, the Department may seek the assistance of any governmental or private entity. Article (12) Inspection on Tangible Cultural Heritage • The following procedures shall be followed to inspect the Tangible Cultural Heritage: 1. The employees of the Department shall have the power to enter any cultural site, even if it is occupied by a person, for the purpose of inspection, study, examination, documentation, illustration or photography, provided that this is performed during the working hours and after obtaining a permission from the occupant of the cultural site at least before 48 hours, unless there is an urgent necessity to enter the site. 2. The occupant of the cultural site shall provide the employees of the Department with the necessary facilities which allow them to enter the building, without impeding their work, to freely move around the place, and to take the necessary pictures, measurements, drawings and samples from inside and outside the building, without prejudice to the rights of the specialised inspectors of the Department to ask for the assistance of security agencies should they be prevented from carrying out their professional duties. • The employees of the Department shall have the power to inspect the sites of movable Cultural Heritage wherever they exist, for the purpose 77 of examining and inspecting them, and for detecting any violation related thereto. The possessor of such Cultural Heritage may move it to the Department for inspection instead of inspecting it on site, a matter which may also take place based upon the request of inspectors. • The employees of the Department may request that the Owner or the possessor provides any information, data and documents deemed necessary for the purpose of search, examination and inspection. The Owner or the possessor shall comply with such request according to the procedures in force at the department concerned of inspection at the Department. Article (13) Protection of the Immovable Tangible Cultural Heritage Prohibited Works and Works that need a Licence in Advance 1. The following works are prohibited: a. Remove anything from any immovable Tangible Cultural Heritage, or destruct it or move it from its place or make any additions thereto such as constructions, writing or engraving. b. Sale or purchase of any materials taken from an immovable Tangible Cultural Heritage. c. Use of the cultural site or its Surrounding Area in an improper way that may harm the site and its Cultural Significance. 2. None of the following works may be carried out unless after obtaining a licence from the Department: a. Use the ruins of the historic buildings in any works including the maintenance of the Historic Building itself. b. Place commercial advertisements, install visible antennas or tubes in the cultural sites, or install any signs or symbols in the surrounding areas. c. Conduct any backfilling or levelling works, or construct or demolish a building in the cultural sites or their Surrounding Areas, even for the purpose of rebuilding the same building, or perform any infrastructure works in the Cultural Sites and their Surrounding Areas. d. Implement, practice or carry out any industrial, commercial, agricultural, scientific, investment or military activities in the cultural sites or their 78 surrounding areas. e. Conduct any maintenance works, addition, construction or modification works on the immovable Tangible Cultural Heritage. f. Transfer the Ownership of the movable Tangible Cultural Heritage that is registered in the Register. g. Accede to any cultural site which is closed by a resolution of the Department for any reason. Article (14) Restrictions Related to the Tangible Cultural Heritage 1. The competent entities shall not grant any licence or permit to carry out any of the works indicated in the previous Article of these Regulations, unless after coordination with the Department by referring the application for licence or permit thereto for consultation and taking the adequate resolution, either by rejecting or accepting the application with or without conditions, depending on the extent to which such works would affect the Tangible Cultural Heritage. 2. The Department shall issue a resolution in this regard within thirty days from the date of referring the application thereto along with all the required documents, otherwise this shall be considered as rejection of the application for a licence or permit. 3. No one shall have the right to implement any part of the works indicated in the previous Article of the present Regulations, unless after submitting to the Department a scientific study about the impact of such works on the Cultural Heritage, at his own expense, in accordance with the standards and procedures indicated by the Department. 4. The Department shall have the power to inspect the cultural sites, expand said study, and perform the Preliminary Cultural inspection of the cultural site. In case the Department proves that any of said works negatively affect the site, then it may take the necessary procedures for protection of the site as well as its Surrounding Areas and Cultural Significance. 79 Article (15) Procedures of Protection of the Cultural Sites The Department shall take the necessary procedures to protect the Cultural Sites and prevent any attack against them from any party whatsoever. For this purpose, it shall assume the following: 1. Evacuate whomever is illegally occupying the Cultural Site, without compensation. 2. Evacuate whomever is legally occupying the Cultural Site, in return for a compensation. 3. Close the sites and prevent anyone from entering thereto without the Department’s permission in the cases that require so. 4. Take the necessary procedures to protect the Cultural Sites such as monitoring and protecting them, and setting indication signs, as well as fencing them and preventing any person from entering thereto should he be unauthorised to enter. 5. In case the Department detects, at any time, any attack against or damage to a cultural site or any of its properties, then it shall immediately stop such attack according to the procedures and measures it deems appropriate in coordination with the relevant entities. 6. The possessor of the Historic Building shall carry out the necessary works to preserve the building and prevent its collapse or the change of its features, as indicated by the Department. In case the possessor fails to implement such works within the period determined by the Department, without any reasonable excuse, then, the latter may take the necessary procedures deemed appropriate to preserve and protect the building, including its maintenance and restoration, while keeping it in the hands of the possessor who shall settle the expenditures and financial costs involved. 7. In all cases, no maintenance of the Historic Building is allowed unless after obtaining the prior permission of the Department. The latter may close one or more registered cultural sites and prohibit anyone from entering thereto without its permission, if it considers that the site is at risk or if this measure is necessary for preservation purposes. The Department may take the necessary measures to eliminate such risk, and 80 may determine the instructions, provisions and conditions related to the closure of a cultural site such as the announcement of the closure as well as its reasons, period and the works to be carried out during it. Article (16) Objectives of Conservation of the Modern Cultural Heritage The Department shall achieve the objectives of conservation of the Modern Cultural Heritage as per the following: 1. Add value to the heritage of the State and the Emirate. 2. Provide a sense of continuity between the traditional past and future aspirations in the Emirate. 3. Develop a social spirit and a feeling of belonging through interaction with the modern heritage, through the sense of place, memory and social experience. 4. Reinforce the sense of gratitude and appreciation of the modern heritage of the Emirate and its unique story, on the local and international levels. Article (17) Transfer of Ownership and export of the Tangible Cultural Heritage 1. The ownership of the public and movable Tangible Cultural Heritage may not be transfered nor exported unless the public interest requires so, based upon the recommendation of the Chairman of the Department and the approval of the Executive Council. Such Tangible Cultural Heritage shall not be lent or temporarily taken outside the Emirate unless for a justified reason indicated by the Department, and for a period of five years at most which may be renewed for a similar period, according to the conditions determined in the present Regulations. 2. The private and movable Tangible Cultural Heritage may not be permanently exported, unless the owner proves the existence of a similar one. In this case, a prior permission shall be obtained from the Department's Chairman following the approval of the Executive Council. Said heritage may also be temporarily taken outside the State for a specific purpose after obtaining the prior permission from the Department's Chairman pursuant to the conditions and guaranties 81 indicated by the Department as per the present Regulations. 3. Any entity in the Emirate such as museums, exhibitions and stores are prohibited from acquiring or displaying a movable tangible cultural heritage that is illegally brought from another Emirate or State. Such entity shall verify legality, under legal liability, and shall notify the Department thereof as appropriate. 4. The public and movable Tangible Cultural Heritage may be temporarily exported in the context of cultural and scientific exchanges and lending or for the purpose of participation in the world-wide research. The Chairman of the Department may issue a resolution approving such kind of export based on the recommendation of the Undersecretary of the Department and the proposal of the department concerned with the Cultural Heritage at the Department. 5. The public and movable Tangible Cultural Heritage may not be exported without the approval of the Chairman of the Department, based on the approval of the Executive Council. In case approval is obtained, this shall be in the form of an export permit containing a detailed description of the movable Cultural Heritage, subject-matter of the export manifest. 6. The Chairman of the Department may issue a licence for a temporary export of the public and movable Tangible Cultural Heritage for a period of six months at most in the form of lending to other states or cultural institutions or foreign museums in order to be displayed for the public or for education or scientific research purposes, in case the Department receives sufficient guaranties confirming its return and its insurance against any risks of damage and theft. The exporter shall return the Cultural Heritage to the Emirate in its original condition at the time of export, or after being subject to maintenance, unless the study has damaged the Cultural Heritage, subject-matter of the lending. In all cases, the owner of the Cultural Heritage shall provide the Department with a copy of the study report. 7. The private and movable Tangible Cultural Heritage may not be permanently exported unless the owner has proven that a similar one is available and that it is not a rare object. In such cases, a prior approval shall be obtained from the Chairman of the Department, following the 82 approval of the Executive Council, provided that the concerned object is written off from the Register according to the provisions of the Law and the present Regulations. 8. Whomever wishes to export a Tangible Cultural Heritage possessed thereby, shall submit an application to the Department including the following data: • Full name, profession, address and nationality of the applicant. • Airport, seaport or border post through which the Tangible Cultural Heritage shall be exported. • The place to which the Tangible Cultural Heritage shall be exported, and the name of the addressee. • How the exporter has obtained the Tangible Cultural Heritage to be exported. • Description of the Tangible Cultural Heritage and determination of its quantity, quality, measurement and estimated value. The applicant shall show the antiquities to the Department before export thereof. • Documentation of the photos of the Tangible Cultural Heritage to be exported, on a CD, as per the technical specifications determined by the Department. • The Department may, after studying the application of the Tangible Cultural Heritage to be exported, may recommend exportation, rejection, or purchase of any antiquity at the estimated price that is indicated in the export application, unless there is an obvious discrepancy between the value indicated in the application and the value estimated by the Department. In this case the value estimated by the Department shall be applied, provided that a resolution of purchase is issued by the Chairman of the Department. 9. The antiquities to be exported shall be subject to the following procedures and approvals: • In case the value of the antiquity to be exported does not exceed AED 1 million, then an approval from the Undersecretary of the Department shall be obtained based on the proposal of the concerned department at the Department. 83 • In case the value of the antiquity to be exported exceeds AED 1 million, then an approval from the Chairman of the Department shall be obtained, based on the proposal of the Undersecretary of the Department. • In case it is approved to export any antiquity, the exporter shall obtain the approval of the Department and pay an export fee to be determined as follows: 10% of the value of the antiquity; the value that is initially indicated by the exporter in his application shall be adopted in the collection of the fee, unless there is an obvious discrepancy between the indicated value and the real value of the antiquity. In this case, the fee shall be collected as per the percentage of the value indicated by the Department. 10. The Department may, after approval of the Executive Council, grant a licence for the export of the following antiquities without collection of any fees: • The antiquities to be shared with museums and scientific entities outside the State, within the framework of cultural exchange agreements. • The antiquities which are dedicated to a specific scientific entity or association as a result of licensed official excavations. 11. The applicant for an export licence shall package the antiquities, which are licensed to be exported, at his own expense, and the Department shall affix to them an official statement indicating the number of the export licence and all data defining the antiquities to be exported. 12. The exporter of the antiquities shall present the export licence to the employees of Customs, post office, security and other officers, whenever requested. Such employees shall seize every antiquity whose owner does not hold an export approval, by virtue of an official record, and shall deliver the seized antiquities to the Department. Article (18) Guarantee for the movable Tangible Cultural Heritage 1. A financial guarantee or an insurance policy against any risks and several damages, as determined by the Department should be provided for every object of the Movable Tangible Cultural Heritage that is lent or 84 exported according to the procedures and conditions determined by the Department. 2. An agreement shall be concluded with a company that is specialised in the transfer of the Tangible Cultural Heritage, according to the procedures determined by the Department. 3. The borrower shall be responsible for the preservation of the objects of the movable Tangible Cultural Heritage and shall return them to the Department according to the Clauses of the Agreement, and any financial allowances and compensations resulting therefrom. Article (19) Seizure of Tangible Cultural Heritage The following provisions and controls shall be followed for the seizure of a Tangible Cultural Heritage: 1. The Department shall seize the Tangible Cultural Heritage that is illegally possessed by a person or an entity, and shall take all legal procedures against them. 2. In case any entity other than the Department has seized a Tangible Cultural Heritage that is stolen, smuggled, imitated or illicitly possessed by a person, it shall seize it and deliver it to the Department. 3. In case the Tangible Cultural Heritage indicated in both previous Clauses is private ownership and lost, the Department shall return to the right- holder according to the legislations in force. 4. The provisions of this Article shall be applicable to the foreign and movable Tangible Cultural Heritage. Article (20) Return of the Cultural Heritage to the Emirate The Department shall determine and follow up the elements of the Cultural Heritage outside the Emirate, in coordination with the competent Federal and local authorities, and may take all the necessary legal procedures to return back any public and movable Tangible Cultural Heritage existing outside the State. Should it be private, it shall provide any possible assistance to the original holder of the right to possess the Tangible Cultural Heritage. 85 Article (21) Report on Loss or Theft In case of the loss or theft of the movable Tangible Cultural Heritage, the possessor shall immediately inform the Department or any security agency, and in case it was damaged, the possessor shall report such matter within three days at most from the date of his knowledge, according to the conditions and procedures determined by the Department as follows: 1. The possessor of the movable Tangible Cultural Heritage shall refer to the competent security agency within whose jurisdiction the theft occurred to report such theft or loss as per the procedures that should be immediately followed. 2. The possessor of the Tangible Cultural Heritage shall provide the Department with a copy of the reporting procedures that occurred with the competent security agency in the cases of theft and loss. 3. In case of damage or harm to the movable Tangible Cultural Heritage, the possessor shall notify the Department and provide it with descriptive pictures. 4. The Department shall assign specialists to inspect the Cultural Heritage in case of damage, and shall prepare a technical report containing the description of its situation as per the reality, as well as the recommendations proposed in this regard. Article (22) Organisation of Events Related to the Intangible Cultural Heritage Conservation of the Intangible Cultural Heritage 1. Licensing and Protection for the Intangible Cultural Heritage: a. The Department shall raise the necessary awareness on the national, local and international levels regarding the importance of the Intangible Cultural Heritage of the Emirate, in such manner as to ensure the protection and respect of such Heritage. b. In the context of its activities which aim at protecting the Intangible Cultural Heritage, the Department shall seek to ensure the broadest participation of the community of the Emirate in preserving the Heritage and transferring it to the next generations. 86 c. The Department shall take the necessary measures to preserve and protect the Intangible Cultural Heritage in the Emirate according to the conditions and controls determined thereby. d. The Department shall develop the necessary plans to manage the protection of the Intangible Cultural Heritage, and it shall determine the objectives and pillars of such plans. 2. Conditions for Licencing Conferences, Festivals and Events of Intangible Cultural Heritage: a. Subject to the provisions applicable with respect to the aforementioned Chairman of the Executive Council Resolution No. (54) of 2016, no entity may organise any conferences, festivals or events related to any element of the Intangible Cultural Heritage, unless the necessary licence is obtained from the Department. b. The department concerned Intangible Cultural Heritage at the Department, shall provide the department of the E-Licensing System with a list classifying the events related to the elements of the Intangible Cultural Heritage, as well as the necessary licensing conditions and requirements. c. The application shall be submitted through the E-Licensing System adopted in the Emirate, then the application shall be transferred to the department of Intangible Cultural Heritage at the Department to verify the requirements and conditions. d. The procedures stipulated in the E-Licensing System shall apply with respect to the approval to grant the licence and any grievance against the resolutions related to such approval. e. The licensee shall permanently keep the licence at the premises where the events related to the Intangible Cultural Heritage are held. f. The licensee shall abide by the obligations to be carried out according to the applicable legislations and procedures. 3. Criteria for Licencing Festivals and Events Related to the Intangible Cultural Heritage: a. The licensing application shall be submitted to the Department three months prior to the date of the activity or event. b. The object of the event or activity to be licensed shall be related to the 87 Intangible Cultural Heritage of the Emirate. c. The event or activity shall contribute to promoting the Intangible Cultural Heritage in the Emirate, raising the level of awareness on the significance of such Heritage, and protecting the same. d. The event or activity shall relate to the cultural strategy of the Emirate. e. The event or activity shall contribute to reinforcing the sense of patriotism, as well as the preservation of national identity and taking pride in it. f. The event or activity shall fall within the framework of the cultural diversity of the Emirate. g. The licensing application shall include indicators that all the requirements necessary for the event or activity to be successful and to achieve its objectives are met. h. The applicant shall provide information and statistics related to the activity or event of the Department. e. The application submitted to the Department for first time licensing or for renewal of a licence, shall be decided upon within a period of (15) days at most. f. The party applying for licensing an event or activity shall submit a comprehensive report about such event or activity one week following their end. g. Any other standards or conditions prescribed by the Department as per the licensing conditions for events of Intangible Cultural Heritage. 4. Control and Inspection: a. The entities and events related to the Intangible Cultural Heritage shall be subject to the supervision and control of the competent authorities, and the competent employees shall verify that they comply with all the applicable laws, regulations, systems, and resolutions. b. The Department shall control and supervise any entities and events related to the Intangible Cultural Heritage as well as the places of their organisations and the services accompanying such events and activities. c. The inspectors having law enforcement officer authority at the Department may detect and draw up reports about any violations to the provisions of the Law, these Regulations, and any instructions, regulations and resolutions issued by the Department. 88 Article (23) Borrowing the Tangible Cultural Heritage The provisions below shall apply when borrowing Tangible Cultural Heritage: 1. The Department may borrow the private Tangible Cultural Heritage from the owner for the purpose of studying such Heritage or displaying it in exhibitions, provided that it returns it back to the owner in the condition it was in when it was borrowed. 2. When borrowing a private Tangible Cultural Heritage from the owner, the Department may take pictures of such Heritage or make moulds for it, provided that it returns it back to the owner in the condition it was in when it was borrowed. The owner of such private Tangible Cultural Heritage existing in the Emirate shall respond to the Department’s borrowing request. 3. The borrowing agreements concerning private Tangible Cultural Heritage shall determine the mutual obligations between both parties (the lender and the borrower), and all the borrowing-related provisions, conditions and procedures, including the following: • To approve the borrowing-related terms and conditions, in addition to the relevant financial and technical arrangements, as well as the borrowing duration and location and a list of technical description of the private and tangible cultural heritage to be borrowed. • The Department shall verify that the lender has full legal title to possess, benefit from and dispose of the private Tangible Cultural Heritage to be borrowed. • The borrower shall bear all costs, and take charge of all technical and administrative works related to packing, packaging, transportation and returning back. • The borrower shall be responsible for the guard, dismantlement or installation according to technical conditions included in the insurance policy. • The borrower shall be responsible for the issuance of the transportation documents, customs documents and all necessary to complete the customs procedures and other procedures required by other competent entities. 89 • The borrower shall bear full responsibility and financial implications regarding the insurance coverage for the private Tangible Cultural Heritage while transporting and returning it to its original place. • The means of transport and the aspects related thereto shall be in conformity with the conditions and standards indicated in the insurance policy related to the private Tangible Cultural Heritage. • The private Tangible Cultural Heritage to be borrowed shall be accompanied with a proof status issued and approved according to the procedures and models determined by the Department. • The private Tangible Cultural Heritage to be lent shall be insured according to the conditions in force, and this shall include all insurance coverages according to the recognised international practices. • The borrower shall take charge of protecting the private Tangible Cultural Heritage to be borrowed, shall preserve its original state according to all the required conditions and shall cover the expenses related thereto, as per the approved provisions and practices as well as the conditions and procedures determined by the Department. • The borrower shall undertake to apply necessary precautions and preventive measures to protect the private Tangible Cultural Heritage and preserve its original state without any change. • Any other standards, requirements, conditions or procedures decided by the Department. 4. The conclusion of borrowing agreements for the private Tangible Cultural Heritage existing inside the Emirate or in the State requires the approval of the Chairman of the Department. However, the conclusion of borrowing agreements for any private Tangible Cultural Heritage existing outside the State requires the approval of the Executive Council upon the recommendation of the Chairman of the Department. Article (24) Register of the Tangible Cultural Heritage of the Emirate Establishment and Division of the Register Characteristics of Registration of the Cultural Heritage in the Register of Tangible Cultural Heritage 90 1. The Department shall establish a Register for the Tangible Cultural Heritage called “Register of Tangible Cultural Heritage of the Emirate of Abu Dhabi”, to record all data and information of the elements of Tangible Cultural Heritage. 2. The Register shall be divided into an initial register and a final register. The final register shall be divided into the register of public Tangible Cultural Heritage and the register of private Tangible Cultural Heritage, and each register shall be divided into subsidiary registers where every cultural heritage shall be registered according to the classification to which it belongs. 3. The Department shall renew and update the electronic and paper data and information base related to the Tangible Cultural Heritage, and shall issue all adequate recommendations and suggestions in this regard to ensure continuity of preservation thereof. 4. Site boundaries shall be delineated with the coordinates written down in the Register, and they shall include all areas and features which tangibly and directly reflect the heritage value of the protected areas, in addition to the areas which enable contributions to the promotion and recognition of this value, in light of field research. 5. Only the Emirate’s Tangible Cultural Heritage with one or more of the following features shall be registered in the Register. The feature representing the Tangible Cultural Heritage and its degree shall be indicated on the page of registration of the Cultural Heritage as follows: • Cultural Heritage with historical value: whatever represents tangible and intangible remains and signs left by earlier civilisations and which refer to historical periods as signs of the nature of the movable or immovable Tangible Cultural Heritage as well as historic buildings and cultural landscapes reflecting the culture of communities which contributed to the history of the Emirate in the field of arts, sciences, religion, traditions, paintings, manuscripts and archiving. • Cultural Heritage with aesthetic value: whatever represents the result of special works made by man or nature, or by both man and nature. • Cultural Heritage with scientific value: whatever refers to a special scientific, technical or artistic achievement having contributed to the 91 development of the society in the context of knowledge and improvement of skills to build an exceptional culture in the society. • Cultural Heritage with social value: Whatever refers to an obvious change in the culture, style and spirituality of the society. This may be represented in a historic or heritage landmark, or would exist for reasons related to a certain era, memory, feeling or spirituality. • Cultural Heritage with rare value: A heritage that is exposed to extinction risk or that really became extinct, such as types of old plants, animals (fossils) and rare heritage landscapes. • Cultural Heritage with symbolic value: Whatever is related to specific events with symbolic value for the Emirate, or participates in the making of such events. • Cultural Heritage with representational value: Whatever reflects the aspects of life of the societies that have lived in historical periods across human civilisations since ancient times. • Cultural Heritage with information value: The amount of information presented by such heritage and their value on the local level. • Cultural Heritage with religious value: The amount of information presented by such heritage and their value on the local and international levels. • Cultural Heritage with industrial value: The amount of information presented by this heritage and its value on the local or international levels. Article (25) Categories of Classification of Buildings and Facilities in the Register of Tangible Cultural Heritage 1. The historical buildings and facilities shall be classified in the Register of Tangible Cultural Heritage in the following categories: a. Category 1: Buildings with exceptional significance as follows: • Have exceptional and special value. • Are special on the architectural side and considered as an example of representative approach, period, or type. • Require exerting all efforts to preserve them or deliver them to the 92 Department in case they are under imminent threat. b. Category 2: Significant buildings that shall be as follows: • Special and with very particular significance. • Among the sites that may be listed under category “1 a”; however, they were classified under category “2 b” due to the lack of features such as an incomplete design, or because some low-quality additions or modifications were made thereto. • Among the sites exceeding the general standards indicated for category “3 c” due to their exceptional properties, internal designs or environmental quality. Such site may be listed under category “2b” in case its historical significance is greater than the historical significance of a similar site that is listed in category “3 c”. • Require exerting efforts to ensure their preservation selectively. c. Category 3: Buildings with special significance requiring every possible effort to ensure their preservation; such buildings shall be as follows: • With special value or significance. • Among the good models for a determined period or style, but they were slightly modified or have some design defects which may be accepted. • Among the sites which do not deserve individual attention, under category “3 c”, in case they are a part of a group representing a collective value. • Require preservation sometimes, while alternative methods shall be considered in case the preservation methods are useless on the practical side. d. Category 4: Buildings or properties which have some features but are not sufficiently eligible to be included in the lists of modern architectural heritage. Such lists shall be: • Registered and maintained for future use. • The Department shall temporarily list them in the Register in case of threat of demolition or change in a way that affects their features, for six months, until the Department decides to list or not to list this site officially. 2. The classification criteria are the following: 93 • Age and rarity: which means that shall be among the oldest buildings which shall preferably be listed according to their oldness and age. • Aesthetic features: Buildings shall have an attractive look. However, buildings with little attractiveness may be listed for specific aspects like social and economic history. • Selectiveness: The most representative and attractive buildings shall be listed after being selected among many buildings of similar type. • National Interest: Buildings with special and national importance. • The status of the building shall not be deemed among the relevant considerations to be taken into account for adding it to the Register. Article (26) Standards of Registration of Tangible Cultural Heritage in the Register The Tangible Cultural Heritage that meets one or more of the following criteria, shall be registered in the Register, and the Department shall determine the standard and the category of such Tangible Cultural Heritage in its database. The Department may add other standards as follows: 1. Requirements of registration of archaeological sites in the Register: a. The archaeological sites shall explain the evolution or the historical pattern of the Emirate. b. It shall be possible to provide information for the sites, that may contribute to understanding the history of the Emirate. c. The archaeological sites shall explain the main characteristics of a patters or a specific period of time. d. Their significance shall reside in their aesthetic value. 2. Requirements of registration of fossil sites: a. The fossil sites shall explain the historical evolution related to the animals and environment in the Emirate. b. The fossil sites shall contribute to the identification of the history of the Emirate in the past historical periods. c. Their significance shall reside in their aesthetic value. 3. Registration requirements for historical buildings: a. They should reflect their importance in proving the evolution or historical pattern of the Emirate. 94 b. They should reflect the management of natural sites in ancient times, such as old wells and superficial aflaj water systems and oases. c. In case they are unique, rare and uncommon or classified as the endangered cultural heritage. d. They should be useful regarding any information that may contribute to the identification of the history of the Emirate. e. In case they are important as to the main characteristics of a specific pattern or period of time. f. In case they are important due to their aesthetic value. g. In case they have given rise to a high-degree of innovative or technical achievements in a specific period of time. h. In case they show the nature and techniques of Vernacular Architecture, as well as the way of life at that time. i. In case they have a strong or special association with a particular community or cultural group for social or cultural reasons. j. In case they have a special association with the life or activities of an important person or group of persons. 4. Requirements of registration for Modern Heritage: a. They shall have a certain relevance in proving the evolution or historic pattern of the Emirate. b.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 4
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 4
This part sets registration, announcement, appeal, excavation, heritage protection, and private museum rules for cultural heritage in the Emirate.
They shall reflect the management of ancient natural sites, such as old wells and superficial aflaj water systems and oases. c. In case they are unique, rare and uncommon or considered as endangered cultural heritage. d. They shall have a certain extent of usefulness regarding any information that may contribute to the identification of the Emirate’s history. e. In case they are important as to the main characteristics of a specific pattern or period of time. f. In case they are important due to their aesthetic value. g. In case they have given rise to a high-degree of innovative or technical achievements in a specific period of time. h. In case they show the nature and techniques of Vernacular Architecture, as well as the way of life at that time. i. In case they have a strong or special association with a particular community or cultural group for social or cultural reasons. 95 j. In case they have a special association with the life or activities of an important person or group of persons. k. In case they show any aspects of development in architecture, technology, considerable arts, urban planning or design of natural sites. 5. Registration requirements for cultural natural sites: a. If they show evidence of traditional human settlements or land-use or maritime use representing a specific culture(s), or the human interaction with the environment particularly when it becomes vulnerable due to the natural changes thereon. b. If they are unique, rare, or uncommon, or considered as the cultural heritage at risk. c. If they are important due to their aesthetic value. d. If they have a special association with a particular community or cultural group for social or cultural reasons. Article (27) Procedures of Announcement of the Register 1. The opening of the Register of Tangible Cultural Heritage of the Emirate shall be announced for the registration of Tangible Cultural Heritage. The owner of a private Tangible Cultural Heritage shall be required to register same according to the mechanism stipulated in these regulations within two years. The Department may extend this period for the duration it deems appropriate, provided that such duration does not exceed three years. 2. The Department shall clearly announce the opening of the Register referred to in Clause (1) of this Article in two daily newspapers at least, for two consecutive working days. The Department shall communicate the public announcement through various media, and shall mention the offences applicable in case failure to register in accordance with the procedures followed. Article (28) Registration in the Preliminary Register 1. In case the department of Cultural Heritage at the Department accepts the application, then the Cultural Heritage shall be registered in the preliminary 96 register within five days from the date of the resolution accepting the registration. All data contained in the application shall be transferred to the Register. The Tangible Cultural Heritage shall be given a serial number, and the owner shall obtain a preliminary registration certificate of the Cultural Heritage with its number, according to the form prepared by the Department. 2. In case a period of fifteen days has lapsed without any opinion from the department of Cultural Heritage at the Department, this shall be considered as an implicit resolution of the Department to reject the registration of the cultural heritage in the preliminary register. Article (29) Grievance and Appeal Against the Rejection of Registration in the Preliminary Register The applicant for registration of a Tangible Cultural Heritage may appeal against the Department’s explicit or implicit resolution rejecting the registration of the Tangible Cultural Heritage in the preliminary register according to the following: 1. A grievance may be lodged to the Undersecretary of the Department, within fifteen days from the date of notification of the resolution rejecting the registration, or after the lapse of the period determined in these Regulations. In case this period has lapsed without grievance, then any later grievance shall not be considered and shall be deemed as if it is not submitted. 2. The Undersecretary of the Department shall issue a resolution to accept or reject the grievance within fifteen days from the date of the grievance. In case said period has lapsed without any resolution being issued, this shall be considered as an implicit rejection of the grievance. 3. The applicant for registration of the Tangible Cultural Heritage may appeal against the rejection resolution directly before the competent court, without recourse to grievance procedure, within thirty days from the date of being notified of the rejection resolution or after the lapse of the period specified in these Regulations. 97 Article (30) Procedures of Transfer to the Final Register 1. Within thirty days from the date of registration of the Tangible Cultural Heritage in the preliminary register, the department of Tangible Cultural Heritage at the Department shall submit a summary report to the Undersecretary of the Department about this Tangible Cultural Heritage along with a recommendation to transfer its record from the preliminary register to the final register or a recommendation not to transfer the record, with the statement of reasons for such recommendation. 2. After that, the Undersecretary of the Department may issue a resolution either to transfer or not to transfer the record of the Tangible Cultural Heritage to the final register, regardless of the recommendation of the department of Tangible Cultural Heritage. In case of non-transfer, the Undersecretary of the Department shall clarify the reasons for the failure to follow the recommendation of the concerned department with respect to the transfer of the record. 3. The Undersecretary of the Department shall make his resolution either to accept or reject the transfer to the final register within thirty days from the date of submittal of the report to him, and shall notify the concerned person of such resolution. 4. In case the Undersecretary of the Department did not make any resolution within said period, this shall be considered as an acceptance of transfer of the record; thus, the Department shall make the transfer without any delay. 5. The applicant for registration of the Tangible Cultural Heritage may appeal against the Undersecretary’s resolution rejecting the transfer of the record to the final register, before the competent court within thirty days from the date of being notified of the resolution. 6. In case of rejection of registration of the Tangible Cultural Heritage in the final register, then this heritage shall be automatically considered as written off the preliminary register. No new registration application may be submitted for the same Cultural Heritage unless there are justifying circumstances as per the discretion of the Department. In all cases, a new application may not be submitted in less than one year from the date of write off. 98 Article (31) Form of the Final Register and Announcement of its Publication 1. The final register shall be electronic and in paper form where classifications, tabulation and organisation shall be made in a commonly-used and modern administrative style, so as to ensure easy access to any record therein. 2. Within seven days from the issuance of the Official Gazette containing the final register, the Department shall announce it by publication in two daily newspapers for two consecutive working days, then it shall make a third similar announcement within fifteen days from the day of the second announcement, and a fourth announcement after the lapse of one month from the third announcement. 3. The announcement in local newspapers shall contain news about the final register of Tangible Cultural Heritage, a mention that it is published in the Official Gazette, the issue number and date, a mention that this register includes both kinds of tangible cultural heritage, namely: Movable and Immovable Heritage, as well as the private and public Tangible Cultural Heritage. 4. The announcement in local newspapers shall contain a reference to the right of the concerned persons to appeal against the final register within the time limit prescribed by law. Article (32) Survey of the Tangible Cultural Heritage and Certificate of Registration 1. Upon preparing the Tangible Cultural Heritage Register of the Emirate, the Department shall conduct a general survey of said Heritage in the Emirate and shall register the public Tangible Cultural Heritage which meets any of the criteria stipulated in these Regulations directly in the final register. 2. The private Tangible Cultural Heritage shall be registered in the preliminary register. It shall be transferred to the final register in case it meets the conditions and procedures stipulated in these Regulations, otherwise it shall be automatically written off the register. 3. The final register of any Tangible Cultural Heritage shall include the necessary data of such Heritage, such as its degree of significance, description, location, borders of the area surrounding it in case it is 99 immovable, sequence of its ownership, number in the register, and all data related to the possessor of such heritage, in addition to any data the Department deems necessary to be mentioned in the Register. 4. The Department shall issue according to the form approved thereby a registration certificate confirming the registration of the Tangible Cultural Heritage in the final register. The certificate shall contain the main data related to this Heritage and its owner including the registration number and other necessary data as per the discretion of the Department. Article (33) Updating the Register and Writing Off 1. The Department shall regularly update the final register and any new record in the Register after publication in the Official Gazette, subject to the procedures applicable to the preliminary register, final register and publication in the Official Gazette as stipulated in the Law and these Regulations. 2. The Tangible Cultural Heritage shall be written off the final register by a court judgment, such judgment shall be published in the Official Gazette. Article (34) Procedures of Registration of the Cultural Sites and Historic Buildings 1. The historic sites and buildings shall be assessed on the level of cultural significance, and they shall be classified as per the conditions, procedures, and standards of registration adopted by the Department. 2. In case any cultural sites and historical buildings are classified as Tangible Cultural Heritage; they shall be added to the Register of Tangible Cultural Heritage. The historic sites and buildings shall be placed on the map of geospatial information and the land system of the Emirate which may be accessed by all the concerned parties. 3. The types of Registers of Tangible Cultural Heritage of the Emirate include the following: • Register of historic buildings / archaeological sites / natural areas / fossils / complexes. • Register of sites of global Cultural Heritage. 100 • Register of the modern Architectural Cultural Heritage. 4. The clauses and data of the Tangible Cultural Heritage shall include the following: • Code and name of the site in both Arabic and English. • Name of the region or the site, as well as the reference number of the land, in addition to the coordinates and classification of the site. • Time period to which the approximate date is attributed. • Criterion of the cultural significance and the number of elements related to the Cultural Site. • Name of the entity/person applying for registration of the cultural site. • Remarks to establish new clauses or data as deemed adequate by the Department. Article (35) Registration of the Cultural Heritage in the Real Estate Register The Department shall notify the entity concerned with the registration of real estates in the Emirate of every private and immovable Tangible Cultural Heritage registered in the Register of the Cultural Heritage of the Emirate; said entity shall indicate on the real estate registration page that this estate is considered as a Cultural Heritage. In case of waiver or alienation of this Cultural Heritage to any person, then aforementioned entity shall notify the matter to the Department which shall modify the Register on that basis. Article (36) Procedures of Approval of Urban Planning Projects 1. Urban planning projects may not be approved for any region among the Tangible Cultural Heritage Sites and their Surrounding Areas in the Emirate, unless after coordination with the Department. 2. The Department shall perform Preliminary Cultural Inspection for areas subject to large development or construction projects or any projects related to infrastructure, by virtue of an application submitted by the owners of such projects to the Department according to the procedures and fees indicated in these Regulations. 101 3. In all cases, the concerned Department at the Department of Urban Planning and Municipalities as well the concerned entities shall show the Tangible Cultural Heritage Sites and their surrounding areas, as indicated by the Department, on the planning maps, the system of lands and geographic information as protected zones with the limits determined by the Department in coordination with the competent government entities. 4. The Department shall take the necessary measures to study and provide planning studies for the protection areas surrounding the Tangible Cultural Heritage Sites in coordination with the Department of Urban Planning and Municipalities. The competent entities shall abide by the standards, regulations and schemes provided by the Department for the purpose of preservation of the Tangible Cultural Heritage Sites and their surrounding areas. Article (37) Preliminary Cultural Inspection 1. the Department shall collect fees for the services of Preliminary Cultural Inspection in the Emirate according to Table (2) attached to these Regulations. 2. No licenses for construction works may be issued for any region within the Tangible Cultural Heritage Sites and their surrounding areas in the Emirate, unless the prescribed fees are settled. 3. The Department shall carry out works of Preliminary Cultural Inspection for the regions subject to large development and construction projects, or those related to any infrastructure works or construction licences, by virtue of an application submitted by the owners of such projects to the Department through the electronic system of the No Objection Certificates Programme for the facilities and the infrastructure of the Emirate, provided that the Preliminary Cultural Inspection is performed according to the procedures and conditions determined by the Department. 4. The entity concerned with the management and operation of NOC (No Objection Certificates) for the construction licences, “unified electronic system of construction licences”, shall consider all the conditions, standards and classifications indicated by the Department regarding the construction licences’ applications submitted thereto through the System 102 by the concerned municipality according to the procedures stipulated in these Regulations. In coordination with the entity concerned with the management and operation of NOC (No Objection Certificates) system, “unified electronic system of construction licences”, the Department shall specify the sufficient time for completion of the procedures of the Preliminary Cultural Inspection, and shall determine the Cultural Heritage Sites and their surrounding areas which are subject to the procedures of Preliminary Cultural Inspection. Article (38) Standards of Design of Urban Planning in the Cultural Heritage Sites and their Surrounding Areas 1. These standards shall aim at preserving the features of any Cultural Site located inside an urban environment (city, village or complex) by controlling and guiding development in the buffer zones surrounding such site. 2. This shall particularly apply to the world cultural heritage sites in Al Ain City and their surrounding buffer zones. 3. The Department shall coordinate with the Department of Urban Planning and Municipalities when handling the construction licenses’ applications and whatever is related thereto within the cultural sites and their surrounding areas, as well as the design standards and the urban planning conditions. This includes the determination of levels of the protection areas surrounding the cultural sites in terms of the conditions and standards of the construction licence and the establishment of lands, in addition to any urban planning conditions or requirements related thereto, as coordinated and agreed upon between the Department and the Department of Urban Planning and Municipalities. 4. In coordination with the Department of Urban Planning and Municipalities, the Department shall set the necessary standards for the urban planning in case cultural sites exist in the urban style, to achieve the following objectives: • Promote integration and provide linkage between the cultural sites and their surrounding areas. • Issue a number of clear and comprehensible recommendations which 103 provide guidance in the development of various buildings, within the cultural sites and in the scope of the surrounding buffer zones. • Provide advice on the necessary performance mechanisms depending on the characteristics of the cultural site and its surrounding area. 5. In coordination with the Department of Urban Planning and Municipalities, the Department shall achieve the expected results concerning the suggestion of solutions and determination of the methods used regarding the following: • Interventions on buildings: This applies to the land plots and the individual buildings within the cultural heritage sites and their surrounding areas. • Area Planning: It determines the allowed usage of lands, the maximum coverage of the land plots, information about the shapes and features of the buildings (with illustrations), in addition to detailed directives about the materials used in the construction, architectural details and construction techniques. • Architectural Standards: This applies to the development of construction projects, with clarification of the concept of schematic design. • Standards for Dealing with Roads: supervising the improvement of the general pattern with particular attention to the preservation of the natural characteristics of the cultural sites and the historical routes. Article (39) Returns on Using Cultural Sites The Department may approve using Cultural Sites for photography, or borrowing cultural valuables or organising events and other forms of commercial or investment usage in the Tangible Cultural Heritage Areas, and may collect the adequate financial returns provided that every case is handled separately, depending on the financial returns, conditions and procedures determined by the Department as per the suggestion of the Department of Cultural Heritage, under the agreement concluded with the entity concerned with the application upon approval of the Undersecretary of the Department. 104 Article (40) Management Plan for the Tangible Cultural Heritage 1. The Department shall develop the necessary plans for the management of the public Tangible Cultural Heritage and its locations, particularly the sites allowed to be visited by the public. The Department shall determine the objectives, pillars and suggestions of such plans regarding the investment of Tangible Cultural Heritage. 2. The mentioned plans aim at setting a timetable for a number of relevant steps, activities or projects with a determined budget, and at distributing such tasks to the relevant entities, according to the determined stages. The main stages of the preservation management plan are the following: • Understanding and documentation • Explanation and analysis • Establishing the statement of cultural significance • Vision and policies • Strategies 3. The Department shall handle the requirements and procedures of implementation of the plans necessary for the management of Cultural Heritage; including the following: • Maintenance: Range of procedures followed by the Department on a regular basis for the purpose of preserving the structure of the cultural sites and their surroundings, keeping them in good condition and protecting them from destruction or damage. • Preservation: All operations of preservation and care of the Cultural Site for the conservation of its existing status and avoidance of its deterioration, and for the conservation of its cultural significance, including restoration, reconstruction, rehabilitation and documentation before, during and after the preservation process, according to the technical policies and procedures followed at the Department. • Preservation plan: Detailed outline characterised by dealing with the protected and registered Cultural Site and its surrounding area. It shall include a range of outlines, maps and documents related to the standards, directives and specifications of the fundamentals and actions of preservation and development of this site as it is considered 105 as a technical and administrative tool to control the existing activities whatsoever and ensure the preservation thereof through a precise assessment process for the status and needs of the registered cultural site. This shall be followed by setting a time-bound plan covering the activities contributing to the implementation of the preservation process as per the procedures indicated in these Regulations. • Management plan: A plan that is thoughtfully set for the purpose of assessment, control and development of the change management policies in the registered cultural site. • Preservation Management Plan: A comprehensive plan concerning the process of management and preservation of one or more cultural sites. This plan is developed by the Department according to the “cultural significance” of the cultural sites and as per their construction status, and it shall be developed under the supervision of the Department and any concerned entities. Article (41) Excavation of Antiquities 1. The excavation of antiquities shall be restricted to the Department; the latter may assign this task to one or more excavation missions under its supervision and according to the provisions of the Law and these Regulations. No entity or any other natural or corporate person may carry out excavation, even in a land possessed thereby. 2. The Department shall set the directives for the policy of excavation as well as its objectives, methodologies, priorities and other conditions and procedures necessary for the work of the excavation mission, by virtue of a resolution issued by the Undersecretary of the Department. 3. The Department shall follow up the ongoing excavation fieldwork by checking the weekly reports submitted thereto and receiving various copies related to all the documents, pictures, maps, plans and sections (published and digital copies), upon completion of the excavation process. Article (42) Excavation Licence Application 1. No excavation mission may practice excavation works in the Emirate unless 106 an application is submitted to the Department and necessary licence is obtained; the excavation application shall include the following data at least: • Objective, scientific and practical plan for the suggested excavation. • Name of the mission and entity, or the institution to which they belong, as well as the names of the members of the excavation team and the curriculum vitae of each of them, particularly their nationalities, expertise, and the experience of the mission in the excavation field in general. • Schedule and stages of excavation. • Borders of the excavation site and the maps thereof, including the GPS coordinates or any other data that may be entered to the Register of the Department. • Budget allocated to the excavation and to the preservation and protection of the excavated cultural site. • Plan summarising the publication schedule and the authors of the latest publications. • Summary of the training opportunities provided to the employees of the Department whenever possible, including the determination of the expected results and the learning objectives. • Any data, documents or any other conditions as determined by the Department. 2. Based on the recommendation of the Department concerned with excavation in the Department, the Undersecretary of the Department may accept or reject the excavation application. The application may not be approved unless the technical, scientific and financial capacities of the mission submitting the application are verified. 3. The term of the licence shall be five years at most, and it may be extended for a period of no more than five years, based on the request of the mission and the approval of the Undersecretary of the Department. Article (43) Obligations of the Excavation Mission The excavation mission shall abide by the following: 1. Requirements of public safety and environmental conservation in the excavation site as per the legislations in force in the Emirate. 107 2. Excavation as per the internationally recognised methodology, regulations and modern technologies approved by the Department, as well as the use of any maps prepared by the concerned authorities and satellites if need. 3. Documentation of the cultural sites and the excavation works as per the methodology determined by the Department. 4. No part of any cultural buildings or discovered buildings may be removed, and no archaeological discoveries may be moved out of the boundaries of the excavation site without a prior permission from the Department. 5. No excavation information may be reported or published before obtaining a prior permission from the Department. 6. Implementation of preliminary maintenance for the antiquities discovered according to the methodology validated by the Department, and submittal of a report about the preservation procedures at the end of every excavation season. 7. Registration of the works carried out by the excavation mission and the antiquities discovered thereby on a daily basis in a special register, and submittal of a copy of such register to the Department. 8. Submittal of movable antiquities to the Department (upon completion of the excavation works). No movable antiquity may be retained after that period unless by a permission of the Department and within the conditions determined thereby in this regard. The Department may export some antiquities abroad for the purpose of researches, tests and scientific experiences. 9. Bear all expenses related to excavation, regardless of their relevance to excavation, including the preservation of movable antiquities unless otherwise agreed upon between the Department and the excavation mission. 10. Drawing on the scientific and practical expertise available in the Emirate and the State, and accommodating the required number of Nationals to hire them in excavation works and train them therefor. 11. Excavation shall not exceed the boundaries of the archaeological site without any written permission from the Department. 12. Follow the Department’s instructions related to excavation of antiquities 108 or archaeological sites. 13. Submit preliminary or periodic reports during excavation per week, and submit a detailed report to the Department within six months from the completion of the excavation works including the works achieved and the results reached by the mission. 14. Submit all excavation documents in the form of a print or electronic copy, including the drawings and photos of excavation, at the end of every excavation season. 15. Publish the excavation results within two years from the date of completion of the work, and provide the Department with ten copies at least of such results in addition to all excavation documents in paper and electronic versions, including the drawings and photos related to the excavation as determined by the Department upon completion of every excavation season separately. 16. Provide assistance and recommendations to the Department on how to maintain the discovered antiquities, and clarify this with modern recording methods. 17. Restore the archaeological site to its condition it was before the commencement of excavation in case it was found that no antiquities exist in the site or that there are movable antiquities therein but they were moved to another place, unless the Department or the Possessor of the archaeological site approves to keep the site in its current state upon completion of the excavation process. 18. Obtain the approval of the Department regarding any change in the excavation mission or any excavation team working therein. 19. Sign the excavation agreement determined by the Department and which shall take into consideration the provisions stipulated in the Law and these Regulations in addition to the guiding principles set by the Department. Article (44) Control the Excavation Works 1. The Department shall control and follow up on the excavation works in the presence of one or more representatives of the Department accompanying the mission during the excavation period on a real-time basis, to verify 109 the implementation of excavation works in a satisfactory manner and in accordance with the provisions of the Law, these Regulations and the excavation agreement. 2. Without prejudice to the right of the Department to totally or partially stop the excavation works, if the public interest so requires, then the permit granted to the excavation mission shall be cancelled in one of the following cases: • The excavation mission does not start its works for a period of one year from the date of issuance of the excavation permit, without any reason that may be accepted by the Department. • The excavation mission stops the excavation works after starting them, for a period of two consecutive years, without an excuse acceptable to the Department. 3. In case of cancelation of the excavation licence in any of the abovementioned cases, the Department may continue the excavation works by itself or in agreement with another excavation mission, and it may publish the excavation results as it deems appropriate. Article (45) Obligations of the Department towards the Excavation Mission The Department shall abide by the following obligations towards the excavation mission: 1. Deliver the excavation site to the mission without any belongings or any other obstacles that may affect its work. 2. Grant the mission an exclusive right to carry out excavation in the archaeological site, and no excavation permits may be issued with other permits for the same archaeological site unless any updates or facts require otherwise as per the discretion of the Department. 3. Facilitate the mission of the Mission with the competent governmental entities while carrying out excavation works in cooperation therewith, and respond to their request without contravening the Law, the present Regulations, the excavation permit or the agreement signed in this regard. 110 Article (46) Ownership of the Antiquities and Publication of the Results of Excavation 1. All the antiquities which are discovered by excavation shall be considered as a public property of the Emirate, thus the excavation mission shall deliver them to the Department. 2. The Department shall document every antiquity discovery and shall register it in the Register as per the procedures and standards indicated in these Regulations. 3. The Department shall have the right to publish media statements in newspapers about the discoveries, and may use the excavation results and publish them in the manner it deems appropriate, in case the excavation mission fails to publish the results it reached in two years from the date of completion of the excavation works, unless a shorter period is prescribed in the excavation permit or agreement. Article (47) General Survey of the Intangible Cultural Heritage The Department shall perform a general survey of the Intangible Cultural Heritage of the Emirate for identification, documentation and study thereof, particularly concerning the following fields: 1. Traditions and oral forms of expression. 2. Arts and performance traditions. 3. Social practices, popular rituals and ceremonies. 4. Knowledge and practices related to the nature and the universe. 5. Skills related to traditional craft arts. 6. Oral history. 7. Any other Intangible Cultural Heritage, such as sport practices, mores, tribal relations and others as determined by the Department. Article (48) Mechanism and Procedures of Preservation of the Intangible Cultural Heritage The Department shall take all the measures necessary to preserve and protect the Intangible Cultural Heritage in the Emirate as follows: 111 1. The Department shall determine the administration concerned with the Intangible Cultural Heritage for the purpose of protection, management and promotion thereof. 2. Conduct scientific, technical and field-based studies, as well as research methodologies for an effective protection of the Intangible Cultural Heritage particularly if the latter is endangered. 3. Work to ensure the recognition, respect and promotion of the Intangible Cultural Heritage in the society, particularly by protecting the natural sites whose existence is necessary for the expression of the Intangible Cultural Heritage. 4. Provide the necessary assistance for whomever asks for it for the protection of the Intangible Cultural Heritage in the Emirate including the conduct of studies regarding various protection aspects, and provide experts. 5. The Department shall collect, examine, classify and record all forms of Intangible Cultural Heritage. Recording shall be performed by any method deemed adequate such as audio, video or both of them, or writing if possible. 6. The Department shall prepare a detailed index about the Intangible Cultural Heritage indicating the place of preservation and recording of such Intangible Cultural Heritage at the Department, in a way that makes it easier to access and check such Heritage. 7. The Department shall prepare an electronic site for the Intangible Cultural Heritage with a detailed index thereto, in order to make it easier to access, check, view or listen to every Intangible Heritage using information technology devices. 8. No person or entity may use any Intangible Cultural Heritage such as popular songs and music for commercial and personal purposes, unless with a prior approval of the Department. 9. Persons or group of persons with a certain knowledge in any field of Intangible Cultural Heritage shall be recognised and registered in the relevant register. 10. A list of Intangible Cultural Heritage which needs urgent protection shall be prepared and the necessary measures shall be taken as per the 112 discretion of the Department. 11. Within the limits of the legislations in force, the Department shall exchange information and experience, and take joint initiatives with various entities outside the Emirate in order to get the necessary assistance or provide such assistance to third parties for the preservation of Intangible Cultural Heritage. 12. A general policy aiming at emphasising the role played by the Intangible Cultural Heritage in the society shall be adopted, and this Heritage shall be integrated in the planning programmes of the Department as per the legislations in force. 13. Benefit from the Intangible Cultural Heritage shall be ensured with due respect to the common practices in the Emirate for this purpose. 14. Cultural programmes for awareness and publication of information addressed to the public particularly the youth shall prepared and implemented. 15. Inform the public, from time to time, about the risks which threaten the Intangible Cultural Heritage and the methods of protection thereof. Article (49) Standards of Determination of Elements of Intangible Cultural Heritage 1. With the assistance of competent committees, the Department shall lay down standards determining the extent to which any element of the fields mentioned in Article (28) of the Law belongs to the Intangible Cultural Heritage of the Emirate, in preparation for its registration in the register prepared for this purpose. 2. Based on the proposal of the Undersecretary of the Department, the Chairman of the Department shall issue the decisions necessary for the formation of competent and consulting committees concerning the standards of determination of the elements of the Intangible Cultural Heritage and the procedures of registration thereof in the Register. Article (50) Register of the Intangible Cultural Heritage 1. The Department shall establish a register for the Intangible Cultural 113 Heritage called “Intangible Cultural Heritage Register of the Emirate of Abu Dhabi”, for the purpose of registration of all data and information of elements of the Intangible Cultural Heritage. 2. These Regulations indicates the mechanism of registration in the Register, as well as its type, sections, classifications, documents and standards of registration therein. The Department shall prepare lists of elements of the Intangible Cultural Heritage as well as registrations related thereto and make them available to the public. 3. The Register of Intangible Cultural Heritage shall include a precise description for every element registered therein, including the following: • Name, date, place, original site and brief description of the element. • Economic and technical value of the element. • Current Procedures applicable for the protection of the element. • Documentation of the element in audio, video, or both. 4. The Intangible Cultural Heritage Register of the Emirate of Abu Dhabi shall be subject to the provisions and procedures related to the Tangible Cultural Heritage Register of the Emirate of Abu Dhabi as stipulated in these Regulations, in conformity with the nature of the Intangible Cultural Heritage and as determined by the Department. Article (51) Standards of Registration in the Intangible Cultural Heritage Register 1. The following conditions shall be observed when registering in the Intangible Cultural Heritage Register: • The Heritage shall be considered by the community (ies), and sometimes the individuals, as part of their Intangible Cultural Heritage. • It shall be inherited from one generation to another, as per the discretion of the Department. • It shall develop the feeling of identity and continuity of the community (ies) or individuals. • It shall not contradict with the international conventions and treaties related to human rights, as well as the Convention for the Protection of Intangible Cultural Heritage, nor with the requirements of mutual respect between the communities, groups, individuals and sustainable development. 114 2. With the assistance of competent and consulting committees, the Department shall indicate the standards of the authenticity of the Intangible Cultural Heritage, and shall examine the collected Intangible Cultural Heritage to verify its authenticity as per said standards, and to ensure its origins and cultural significance before the documentation thereof. Article (52) Support of the Research and Studies Regarding the Intangible Cultural Heritage The Department shall support any research and studies related to the Intangible Cultural Heritage of the Emirate through the following: 1. Conduct scientific research and studies to focus on diversity in the field of Intangible Cultural Heritage and the elements thereof. 2. Collect information and data related to the Intangible Cultural Heritage, including the establishment of an information bank as per a fixed classification for the various aspects of the Intangible Cultural Heritage. 3. Cooperate with the educational entities and cultural institutions particularly the universities, for the collection of information about the Intangible Cultural Heritage. 4. Coordinate with the local and federal competent entities to teach the Intangible Cultural Heritage in the academic programmes, provide training thereon and implement it practically, including teaching the Intangible Cultural Heritage in universities and institutes, and providing the opportunity for studying it in Higher Studies. 5. Improve the skills and develop the necessary national competencies to perform the Intangible Cultural Heritage and conduct training in this regard, such as songs, popular music and dance, in addition to the training of skills associated with traditional handicrafts. 6. Document any Intangible Cultural Heritage data provided by experts, old people and specialists, and encourage them to participate in the transfer of knowledge to the next generations and in the documentation of the Intangible Cultural Heritage. 115 Article (53) Inclusion of the Intangible Cultural Heritage in the Academic Programmes In coordination with the competent educational entities, the Department shall include the Intangible Cultural Heritage in the academic programmes through the following: 1. Provide the educational entities with the education content related to the Intangible Cultural Heritage, such as (the cultural heritage content, teaching materials for students, teaching resources for teachers, educational portfolios, educational workshops, audio-visual videos and brochures), in conformity with the educational cycle whether in the school, institutes or universities. 2. Train teachers and specialists on the mechanism of application and implementation of the content of the Intangible Cultural Heritage, in the scope of their job in schools or in the archaeological and heritage sites as well as the local museums. 3. Attract students and teachers and involve them in cultural and heritage events organised in the Emirate particularly the museums, cultural and heritage festivals and the global heritage sites. Article (54) Promotion of Cultural Heritage 1. The Department shall promote the Cultural Heritage, enhance the Cultural Identity of the Emirate, protect all customs and traditions characterising the Emirate’s society, emphasise the cultural diversity thereof and the value of the economic dimensions of the Cultural Heritage, and protect a sustainable balance between such heritage and its economic investment. 2. These Regulations indicates the mechanisms and procedures of promotion of the Cultural Heritage as well as its limits, objectives and any relevant restrictions. 3. The Department shall develop a general plan for the promotion of the Cultural Heritage based on the accomplishment of the objectives indicated in the Law and these Regulations, provided that such plan includes the following: • Make optimal use of the Cultural Heritage Sites under a licence granted by the Department to the individuals, institutions or companies according 116 to the conditions and procedures prescribed by the Department without prejudice to the protection of the Cultural Heritage. • Build endogenous capacities in the field of promotion of Cultural Heritage for tourism development in the Cultural Sites of the Emirate. • Develop the industries and economic services related to the Cultural Heritage to diversify the economic incomes of members of the local communities residing around the Cultural Sites. • Build local and international relationships to exchange experience and information for the promotion of the Cultural Heritage. • Ensure that the promotion of Cultural Heritage does not affect neither the Heritage itself nor its authenticity, and that it does not have any damage on such Heritage or on the development of its management. • Ensure that promotion remains within the limits of preservation of the Cultural Heritage and its origins, taking into consideration the balance between the requirements of promotion and preservation of such origins. 4. Preparation and organisation of events and activities related to the Cultural Heritage and provision of any possible assistance for the attendance thereof. 5. Promotion shall include the entire range of the estimated potential activities to raise public awareness and enhance the recognition of the identity of the Cultural Heritage Site. This includes electronic publications and brochures as well as public lectures and facilities within the Site and which are directly related to it or outside the Site, in addition to educational programmes, community activities, research, training, and evaluation of the promotion process itself. 6. The Department shall prepare the Tangible Cultural Heritage to make it subject to promotion, including the following: • Prepare the immovable Tangible Cultural Heritage sites in an adequate way to welcome visitors. • Coordinate with the concerned entities to complete the infrastructure in the Tangible Cultural Heritage sites. • Register the special elements of the Tangible Cultural Heritage in the List of the International Heritage in cooperation with the competent entities. 7. In cooperation with the concerned entities, the Department shall bear the 117 responsibility of promotion of the Intangible Cultural Heritage according to the plans and programmes approved by the Department for this purpose, including the following: • Facilitate the establishment or enhancement of training institutions for the management of Intangible Cultural Heritage, and facilitate the transfer of this Heritage through the forums and places prepared for its presentation or expression thereof. • Prepare and implement educational and training programmes determined in the scope of the communities and groups concerned with the Intangible Cultural Heritage. • The Department shall register the special elements of Intangible Cultural Heritage in the list of International Heritage in cooperation with the competent entities. 8. The Chairman of the Department may decide to invest in the Public Cultural Heritage totally or partially, whether directly or in agreement with other entities. In case the Cultural Heritage is private, then the possessor may invest in it as deemed adequate, taking into account the provisions of the Law, these Regulations and the resolutions issued thereunder. Article (55) Licencing and Supervising the Museums 1. The Department shall licence and organise the establishment of private museums in the Emirate, and shall supervise them and control their work according to the provisions and conditions indicated in these Regulations. 2. The Department shall establish and manage public museums of all kinds, and shall develop the existing public museums and approve the systems of their management and their by-laws, in addition to the mechanism of supervision and control thereof. Article (56) Licencing Private Museums 1. No natural or corporate person may establish or operate a private museum in the Emirate unless if they obtain a tourism licence from the Department according to the legislations in force and provisions of these Regulations. 118 2. The department concerned with the licencing, in cooperation with the department of the Cultural Heritage at the Department, shall licence the establishment of private museums in the Emirate of all kinds. 3. This Article shall not apply to museums which are established or managed or supervised by the Department or governmental entities, public institutions, and governmental companies in the Emirate, or any other private museums excluded by a resolution of the Chairman of the Department. Article (57) General Provisions on Licencing Private Museums 1. The Department shall supervise and control the private museums through the following: • General administrative and technical supervision and control over the private museums in the Emirate, and their development.
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 5
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Abu Dhabi Official Gazette - 2019 Edition 2019 — segment 5
Private museum and antiquities licence holders must follow Department rules, register and protect collections, and avoid selling, exporting, or displaying prohibited items without approval.
• Request of the documents and information deemed necessary for the clarification of the financing sources in terms of the establishment, management or operation of private museums. • Classification of the private museums based on their activities and nature of work, by setting special standards for every type of private museums. • Provision of technical assistances to the private museums such as assistance to develop the exhibition, protection and maintenance of collections, as well as any other assistances deemed adequate by the Department. • Organisation of the necessary training sessions for the owners of private museums and their workers, in a way that contributes to the achievement of the objective of their establishment. • Design and management of an electronic system that compiles and promotes all collections of the private museums in the Emirate. • Setting the technical standards that shall be met by the private museums as indicated by the Department. • Any act or activity that protects Cultural Heritage and cultural property, and achieves the objective of licencing the private museums. • Submittal of any hard copy, initiative or general programme to the 119 Department, on an annual basis, as a part of the operational plan for the private museums. 2. The licence granted to the applicant shall be for an annually renewable one- year term, after providing all the requirements and documents, meeting all the technical and scientific standards and the required conditions, and following the procedures stipulated as per the present Regulations, and any relevant regulation and resolutions of the Department. 3. The Department may refrain from issuing or renewing the required licence at any time and for any reasons it deems necessary. Article (58) Conditions and Requirements for Obtaining a Licence The applicant for a licence ¬to establish a private museum shall meet the following conditions: First: General Conditions 1. For natural persons, the applicant for a licence shall be at least 21 years old. 2. The applicant shall have knowledge about the activities and works of the private museums and the local and federal legislations related to the works of the museums, to be able to properly provide the service. 3. The applicant shall not have been convicted of any crime of breach of honour or trust unless he has been rehabilitated. 4. In case the applicant for a licence is a corporate person, then the provisions of the Commercial Companies Law shall apply. 5. Suitable building or premises shall be provided for the practice of the activity provided that it meets the standards and conditions approved by the Department as per the standard requirements for museums in terms of the care, preservation and restoration of museum collections. 6. Appointment of a director for the private museum according to the educational qualifications and work experience as well as the conditions determined by the Department. 7. A sufficient number of workers having the necessary qualifications and experience shall be provided to work at the private museum, as determined by the Department. 120 8. Any other documents, conditions or other standards required by the Department shall be provided and fulfilled as per the recognised standards applicable to museums. Second: Preliminary Approval To obtain a preliminary approval for licencing the private museum, the applicant shall meet the following conditions: 1. The application for preliminary approval shall fill the form prepared by the Department; said form shall be signed by the applicant and contain the purpose of establishment of a private museum. 2. A photocopy of the passport of the applicant and a copy of the Family Book for the Nationals of the State, as well as the Eimartes ID and a profile photo of the applicant shall be provided. 3. A copy of the Memorandum of Association of the company and a copy of the Certificate of Incorporation of the Company translated (in both languages Arabic and English), as well as the Certificate of Membership of the Chamber of Commerce and Industry in Abu Dhabi. 4. Letter of the Department of Economic Development (solely for the branches of foreign companies registered at the Ministry of Economy / Department of Economic Development). 5. Disclosure and submittal of the necessary information and documents for the purpose of clarifying the financing sources for the establishment, management or operation of the private museums. 6. Certificate of Registration of the Trade Name of the private museum, issued by the Department of Economic Development. 7. Photocopy of the passport of the proposed director or the director in charge, a photocopy of the ID and a profile photo. 8. Certificate of ownership or registered lease contract indicating the premise or building dedicated for the practice of the activity. 9. Copy of the qualifications and experience certificates of the director in charge of the private museum and the employees, as deemed adequate by the Department. 10. land site plan chart of the site of the suggested private museum. 11. Submittal of the external designs and engineering schemes of the museums and their facilities, as well as their internal schemes which 121 clarify the locations and dimensions of the exhibition. 12. Submittal of a statement of the museum collections, the exhibits and their description, with photographs of such collections and exhibits on a CD, in addition to a statement of complete information and the historical periods to which they date back, in addition to the supporting documents on the legality of acquisition or ownership of the collections and exhibits included in said statement. 13. Acknowledgment and Undertaking for non-exposure of any materials and collections whose origins are suspected or unknown, or those whose exhibition is prohibited by the Department for any reason as per the legislations in force. 14. Any conditions or requirements determined by the Department as per the standards issued by the International Council of Museums (ICOM). Third: Licencing To obtain a licence for the private museums, the applicant shall submit and fulfil the following: 1. Undertaking to abide by all the laws, resolutions, regulations and circulars issued by the Department. 2. All licencing conditions and documents as well as the licensing procedures stipulated in these Regulations. 3. Agreement of Local Service Agent that is duly certified by the Notary Public in the Emirate, for the companies that are not allowed to practice the activity in the State unless through a Local Service Agent. 4. Regulations and internal policies for the operation and organisation of work of the private museums. 5. Initiatives and annual programmes of the private museums. 6. Source of finance of the private museums and the operational plans thereof. 7. Payment of the fees prescribed as per the table annexed to the present Regulations. Article (59) Types and Classification of the Private Museums 1. The Department shall classify the private museums based on their activities and the nature of their work by setting special standards for every type of 122 private museums. 2. The licence shall be in conformity with the activity and nature of the collections such as “an ethnography – modern – historic – fine arts museum”. Article (60) Obligations Regarding the Operation of the Private Museums The holder of a license for private museum shall abide by the following: 1. Register all the archaeological, museum and heritage collections in the registers of the Department according to the forms prepared for this purpose. 2. Expose and describe the identification cards for all the archaeological, museum and heritage collections (exposed items) in the private museum in Arabic and English at least. 3. Provide full protection for all the exhibits and collections, and consider all the methods that are internationally recognised and used for the preservation, maintenance and restoration of the collections as per the legislations, policies and principles approved for the protection, preservation, maintenance and management of the Cultural Heritage and promotion thereof under supervision of the department and according to its instructions. 4. Provide suggested programmes for the annual activities and events of the private museum provided that they include seminars, exhibitions, workshops and training programmes for the guides and supervisors of such activities. 5. Provide the Department, on a regular basis and as determined by the concerned Department with the regulation, with all specific information, statistics, reports, changes or modifications regarding all the services provided by the private museum including their types, period of each and programmes (if available). 6. Implement all resolutions, instructions and guidelines issued by the Department regarding the withdrawal of some collections and exhibits from the museums, or fulfil the requirements and specifications of the metadata of the displayed collections. 123 7. Permanently keep the licence granted in this regard in the premises of the private museums, or keep a copy thereof in the place of provisions of the services, in case such services are provided outside the premises of the private museums. 8. Commit to implementing and participating in the annual training programmes set for the director and employees of the private museum, as determined by the concerned department with regulation. 9. Abide by the moral standards, hygiene rules and safety of services, as well as accessibility to public places. 10. Implement all the obligations and conditions which are prescribed as per the legislations in force in the Emirate. Article (61) Prohibitions concerning the Work of the Private Museums The licence holder shall be prohibited from performing the following acts unless the Department’s approval is obtained according to the legislations in force: 1. Sell, lend, borrow or perform any disposition of the museum, archaeological and heritage items or taking them out of the State. 2. Accept the financial aids and gifts in kind from any entity inside or outside the State. 3. Determine the price of the entrance tickets to the private museum. 4. Participate in the internal and external exhibitions and conferences. 5. Carry out any activity not related to the activity of the private museum within the headquarters of the private museum. 6. Possess any item whether by purchasing, gifting or exchanging, only after registration thereof in the relevant register according to the conditions determined by the Department. 7. Invest and exploit the private museum for any purpose other than the one for which it is intended. 8. Expose the materials and items of dubious or unknown origin, or those whose exhibition is prohibited by the Department for any reason, as per the legislations in force. 124 Article (62) Supervision of the Private Museums The specialised employees of the Department shall have the right to carry out the following, as the case may be: 1. Make inspection visits to the private museums, prepare reports thereon, and check its collections and exhibits. 2. The licence holder shall be assigned to register the collections and museum items of the private museums in the registers of the Department according to the forms and legislations in force. 3. Follow-up the implementation of the public policy and instructions set by the Department regarding the private museums. 4. Suggestion of the adequate mechanisms and procedures of development of the private museums, and encouragement of the private sector to invest in the sector of private museums. 5. Any other tasks or responsibilities assigned by the Department. Article (63) Renewal or Cancellation of the Licence of the Private Museums Subject to all the procedures prescribed for the renewal of the licence, the applicant shall submit the following documents: 1. Copy of the previous tourism licence. 2. Copy of a registered lease contract/title of deed of the premise where the tourism activity of the private museum is practiced. 3. Approvals of any other entities related to the tourism activity, according to the laws and regulations in force in the Emirate. 4. The Department may suspend the renewal of the licence until the correction of any violations or for the implementation of any instructions or conditions issued by the Department. In case the licence holder fails to regularise his status, the Department may definitively cancel the licence. Article (64) Transferof the licence, Change of Premises, Cleanliness 1. The licence holder may not transfer the licence granted thereto by the Department by virtue of these Regulations, unless prior approval is 125 obtained from the Department according to the conditions indicated by the latter for this purpose, taking into consideration the legal provisions and procedures deemed necessary in this regard. 2. The Department may reject any application of transfer of licence for any reason it deems necessary. 3. No new branches may be opened, no change of premises may be made for the private museum inside the Emirate, no radical modification may be made to the premise or the building or to their location, and such museum may not be closed neither permanently nor temporarily, unless the licence holder obtains a prior approval from the Department. 4. The licensee shall keep the private museum clean, and the same shall apply to the place of provision of services related thereto, whether it is inside or outside the headquarters of the private museum. He shall make sure that the workers of the museum are clean and well dressed, and provide due care and maintenance for the museum collections, according to the standards acceptable for every material apart. Article (65) Dealing with Visitors The licence holder and all the workers at the private museum shall abide by the following: 1. Deal with all the visitors of the private museum properly and without favourism, taking into consideration the provision of an adequate place for the people with special needs (people of determination). 2. Provide precise, comprehensive and correct information to all the visitors of the private museum with respect to the museum exhibits and collections. 3. Provide the types of services which are declared as available at the private museum, in compliance with the private museum’s opening hours determined for the visitors. 4. Prohibit smoking in the places of visitors in case said places are closed, and abide by the provisions of the legislations in force in the Emirate regarding the control of tobacco and tobacco products. 5. Comply with the policies and instructions issued by the Department for the fulfilment of the standard requirements of the museums and the 126 implementation of the policy of the visitors and the premises. 6. Preserve standards, conditions and technical requirements prescribed by the Department. Article (66) General Provisions on the Licensing of the Private Museums 1. All the provisions stipulated in the legislations in force at the Department regarding tourism facilities in all cases which are not included under the Law and these Regulations. 2. Temporary museums, whether those organised in the Emirate or abroad, shall be subject to the provisions and conditions stipulated in these Regulations and as per the procedures and standards imposed by the Department in this regard. 3. The controls and conditions prescribed in Articles (67) and (68) of these Regulations shall apply to the private museums as the case may be. Article (67) Licensing the Exhibitions Related to the Cultural Heritage The applicant for a licence for the exhibitions related to the Cultural Heritage shall abide by the following controls and conditions: 1. The provisions and procedures indicated in these Regulations for the licensing of private museums shall apply, as the case may be, when considering the applications of licensing the exhibitions related to the Cultural Heritage, in addition to the conditions and controls prescribed by virtue of Articles (67) and (68) of these Regulations. 2. The Department shall consider the applications of licensing the exhibitions related to the Cultural Heritage in coordination with the concerned entities, and shall issue the technical approvals thereon according to the conditions and controls stipulated in these Regulations. 3. All fees prescribed in the tables annexed to these Regulations shall be paid. 4. Documentation and registration of information about the museum sets/collections according to the recognised professional standards and preservation thereof in a safe place to be used if need be, as per 127 the documentation procedures determined by the Department. 5. Due care shall be exercised for the museum sets/collections and preservation thereof while being easily accessible. 6. The information provided in the exhibitions and halls shall be accurate and documented. 7. Human remains and important materials shall be displayed in conformity with the professional standards, taking into consideration the beliefs of the individuals or the ethnic or religious groups that respect everyone’s’ feelings. 8. Any items whose origins are unknown shall not be displayed, as the exhibition of such items may be considered as a recognition of illicit trafficking. 9. When making illustrations or models representing any cultural items, this shall be clarified on the identification card by mentioning that the exhibited item is a true copy of the origin item. 10. The exhibits shall be protected from humidity and temperature changes which may affect their safety and significance. 11. The exhibits shall be protected from the external influences such as vibrations that may result from heavy traffic, and from air pollution. 12. Warehouses shall be available, and the storage space shall be easily accessed; they also shall be illuminated and ventilated. 13. The sets of items displayed in the exhibition halls related to the Cultural Heritage shall be controlled and saved from damage or loss. 14. The artistic exhibits are recommended to be placed in separate areas in order for the public to be able to observe them. 15. Elements shall be displayed with labels that explain and describe the exhibited item. 16. It is important to add any elements that accompany the exhibits to represent any scenes which are difficult to be established at the museum, such as scenes of mountains, deserts, seas and sites. 17. The collections and artistic exhibits shall be insured and protected against emergencies (fires – natural disasters) 18. Items shall be properly isolated from humidity and climatic factors in the artistic exhibition halls. 128 Article (68) Design of the Exhibition Halls (Exhibitions related to the Cultural Heritage) For the design of the exhibition halls (exhibitions related to the Cultural Heritage), the following controls and conditions shall be observed: 1. Provide the adequate environmental conditions for the protection of the cultural artistic works, and the follow-up and maintenance of the documentations in all times, in conformity with the recognised international standards. 2. Take the necessary measures for the protection, prevention and use of the adequate materials to reduce the effects damaging the environment when cultural items are exhibited. 3. Design at least two entrances, one for the public and the other for service, to ensure safe entrance and exit. The exhibition hall shall also include an emergency exit, and exits shall be designed proportionally to exhibition area. 4. The main movement axes inside the exhibition halls shall be through ordinary pathways linking one hall to another. 5. Emergency exits and alternative escape routes shall be adequate to the number of persons that may use them, and shall meet the recognised international and technical standards. The capacity of the exit shall be bigger than or similar to the number of the persons attending. 6. Empty space for exhibition shall be provided from one big empty space, in conformity with the recognised international standards, as determined by the Department. 7. Sufficient space shall be provided for the visitors in the internal exhibition halls, taking into consideration the number of persons walking by, and the supporting documents such as the journal of technical data related to the number of expected visitors and other documents determined by the Department shall be provided as well. 8. The lighting units used for the lighting of the exposition halls shall be able to provide the correspondent lighting effects related to the nature of the exhibits, according to the recognised international museum standards and protection standards. 9. The exhibits shall be organised per subject or per history in the exhibition 129 hall according to their presentation purpose. 10. Any other technical standards, conditions or requirements determined by the Department, in conformity with the recognised international standards. Article (69) Licence of Trade in Antiquities Profession of Trade in Tangible Cultural Heritage First: Technical Licence: 1. Trade in antiquities (profession of trade in Tangible Cultural Heritage) is not allowed, whether exercised inside the State or through import or export, unless a licence is obtained from the Department based on an application submitted by the concerned person on the form set by the Department. 2. Clause First/1 of this Article concerning the licensing of the trade in antiquities and archaeological items shall apply for the profession of copying, imitating or repairing antiquities and heritage items, as the case may be. 3. The Department shall consider the applications for licensing trade in Tangible Cultural Heritage referred by the relevant entities, and shall issue the technical approvals according to the conditions and controls prescribed in these Regulations. Second: Conditions of Technical Licensing and Initiation of Work: The applicant for a licence to exercise the activity of trade in antiquities (profession of trade in Tangible Cultural Heritage) shall meet the following conditions: 1. Subject to the provisions applicable with respect to the registrations of commercial companies and the work of foreign companies according to the legislations in force, the activity of trade in antiquities may not be exercised and no associated services may be provided before the obtainment of the required technical licence from the Department. 2. The technical licence shall be issued according to the procedures and conditions stipulated in the legislations and regulations in force at the Department, including these Regulations. 3. The resolution related to granting or renewing the technical licence certificate stipulated in these Regulations, shall be issued within a period 130 of fifteen days at most from the date of submittal of the application meeting all conditions. The applicant may object to such resolution before the reconsideration committee within 15 days from the date of notification of the resolution. 4. The licence meeting all conditions shall be issued after approval of the Department on granting thereof. The licence holder shall set up and complete the premise within a month from the starting date of the licence; such period may be renewable once for a similar period. 5. Upon completion of preparation of the premises of wherein the activity is to be exercised, the Department of Cultural Heritage at the Department shall check such premises and verify its operational readiness and that it meets the required conditions. Third: General Provisions for Obtaining the Technical Licence to Exercise the Activity of Trade in Antiquities: The applicant for the licence to exercise the activity of trade of antiquities (profession of trade in Tangible Cultural Heritage) shall meet the following conditions: 1. For the natural persons, the applicant for a licence shall be at least 21 years old. 2. The applicant shall have adequate educational qualification, or shall have experience, knowledge, cultural education and familiarity with the international, local and federal legislations related to the activity of trade in antiquities and archaeological items, to be able to provide the service as required. 3. The applicant shall not have been convicted of any crime of breach of honour or trust unless he has been rehabilitated. 4. In case the applicant for a licence is a corporate person, then the provisions of the Commercial Companies Law shall apply. 5. A Certificate of Registration of the Trade Name issued by the Department of Economic Development shall be obtained. 6. An adequate premises shall be provided for the exercise of the activity, and it shall meet all the standards and requirements adopted at the Department according to the standard requirements regarding the care, preservation and restoration of technical requirements. 131 7. A manager shall be appointed as per the qualifications, experiences and conditions required by the Department. 8. A sufficient number of employees shall be provided in the place of the activity, and they shall have the necessary qualifications and experience as determined by the Department. 9. Any other documents, conditions or standards that may be required by the Department shall be provided and fulfilled. Fourth: Data of the Technical Licence Application The applicant for a licence of trade in antiquities shall fill in the form prepared by the Department for this purpose, provided that it includes the following data, along with the following supporting documents: 1. Name, surname and domicile of the applicant. 2. Certified copy of the ID. 3. Certified copy of the educational certificate. 4. Certificate of experience confirming the competence of the applicant in dealing with antiquities. 5. Title certificate or the lease contract of the trading premises. 6. The applicant shall be ready to provide a bank guarantee in favor of the Department, as determined by the latter, provided that the value of such guarantee is no less than one million Dirhams and no more than ten million Dirhams, to ensure that the applicant will not commit any violation to the conditions of the licence, any cultural heritage crime mentioned in the Law, or any violation to the provisions of other legislations in force including these Regulations. Fifth: Approval of the Technical Licence: 1. The Department shall decide upon the licence application, and in case of approval thereof the Department shall take the following procedures: • Collect the fees prescribed as per the tables annexed to these Regulations. • Issue a numbered licence bearing the applicant’s profile photo, name, surname, address of premises and licence date. • An inventory book shall be delivered to the licensed trader for the registration of every heritage item dealt with through sale, import or export. All the pages of the inventory book shall be numbered with 132 serial numbers. 2. The term of the licence shall be one renewable year. 3. The Department’s approval to grant the licence shall be subject to the condition of providing a bank guarantee as stipulated in Paragraph 4/ Clause 6 of this Article. Sixth: Obligations of the Trade r of Antiquities (Profession of Trade in Tangible Cultural Heritage): The trader of antiquities, holder of the licence, shall abide by the following conditions: 1. Show the licence in a prominent place at the commercial store, place of practice of the licenced activity. 2. Place a sign in front of every heritage item determining the price and whether the item is an original piece or an imitation. 3. Provide a certificate and an evidence to confirm the source and origins of the local heritage item that is offered for sale or export, or the items which are imported from abroad. 4. Antiquities shall not be traded unless in stores dedicated for this purpose as per the licence, and the trader shall not open any branch of such stores unless by applying for a new licence from the Department and paying the prescribed fees as indicated above. Every branch shall be considered as a new store. 5. The trader shall not use his house as a warehouse to keep heritage and archaeological items unless by a prior approval from the Department. 6. The necessary documents confirming the legitimacy of possession, regarding the entry of heritage or archaeological materials imported across the borders in lawful means, shall be provided. 7. The trader shall preserve works related to the Tangible Cultural Heritage possessed thereby, and ensure compliance with the special standards of care as determined by the Department. 8. The trader shall not exercise any profession or work in the premises that is licenced for trade in antiquities, in any manner that is inconsistent with the licence. 133 Article (70) Powers of the Department Regarding the Violations of the Licence 1. The Department may withdraw or suspend the licence issued thereby in case the licensee violates the conditions of the licence. 2. The violator shall correct the violation within the period determined by the Department. In case of failing to correct the violation within the aforesaid period, the Department may correct it at the expense of the violator. 3. The concerned person may file a grievance before the Department against the resolution made against him, within fifteen days from the date of being notified of the resolution. The Department shall decide upon the grievance within thirty days from the date of filing thereof, and the resolution made on the grievance shall be final. Article (71) Table of Violations and Fines 1. The table annexed to these Regulations shall indicate the violations and fines regarding the offences for which settlement may be reached, as well as the fine to be paid by the violator in every case, provided that it does not exceed half the fine imposed, according to the settlement procedures adopted by the Department. 2. The penalties/fines listed in the table annexed to these Regulations shall be imposed in the event of commission of any violation to the provisions of the Law stipulated therein, without prejudice to any harsher penalty stipulated in another legislation. The implementation of any of these penalties shall not prevent taking other administrative procedures stipulated in the Law or these Regulations. 3. Criminal proceedings against the violator shall end by the payment of the settlement amount. Article (72) Control and Inspection 1. The places of practice of the licenced activity and the associated services shall be subject to the supervision and control of the competent authorities 134 which shall verify that such activity abides by all the laws, regulations, rules and resolutions in force. 2. The Department shall control and supervise the places of practice of the licenced activity and the associated services. The inspectors of the Department having law enforcement officers authority shall detect and report the violations related to the provisions of these Regulations and any instructions, regulations or resolution issued by the Department. Article (73) Confiscating and Retention of Antiquities 1. Confiscation of the antiquities subject-matter of the offence, as well as the devices, tools, machines, and methods used in this regard, shall be ruled without prejudice to the rights of bona fide third parties. 2. The Department may retain any element of movable Tangible Cultural Heritage, even if it is a foreign item, in case it is smuggled or imitated or in case the possessor does not confirm the legitimacy of the possession thereof. Article (74) Having Recourse to the Security Services and the Competent Entities The Department may have recourse to the security services and other competent entities when practicing any powers stipulated in the Law or these Regulations whenever necessary. Article (75) Exclusion from Judicial Seizures Subject to the implementation of federal legislations on the immunity of foreign cultural items from seizure or confiscation, any antiquities, museum items or artistic pieces borrowed by the Department or any governmental or official entity from abroad for the purpose of temporary exhibition in the Emirate shall be excluded from the imposition of any judicial seizures, whether they are local or foreign. 135 Article (76) Implementing Resolutions and Instructions The Chairman of the Department shall issue the resolutions necessary for the implementation of the provisions of these Regulations. Article (77) Publication and Enforcement This Resolution shall be published in the Official Gazette and be effective from the date of its publication. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 23 April 2019 Corresponding to: 17 Shaaban 1440 Hijri 136 Table No. (1) Table of Violations and Fines Regarding the Crimes for Which Settlement May be Reached No. Description of the Offence Value of the fine in dirhams - in case of accepting settlement, %50 of the value of the fine prescribed below shall be charged 1 Damaging the Tangible Cultural Heritage by 10,000,000 demolition, destruction or distortion 2 Levelling any cultural sites or the assets 10,000,000 thereof, establishing any facilities thereon, or making any cultivation or uprooting, or change of features. 3 Carrying out excavation of antiquities 10,000,000 without licence from the Department. 4 Smuggling Tangible Cultural Heritage into 10,000,000 or outside the State, or submitting any incorrect or false data or documents to import or export any Cultural Heritage. 5 Possessing any imitated Tangible Cultural 10,000,000 Heritage to perform any fraudulent acts against third parties. 6 Imitating or forging any national or foreign 10,000,000 archaeological items for the purpose of deception. 7 Violating the conditions of the licence 300,000 issued for excavation of antiquities. 8 Taking, moving or using any archaeological 300,000 ruins or rocks from an archaeological site, without an authorisation from the Department. 137 9 Distorting or mocking of the Intangible 300,000 Cultural Heritage in any way. 10 Presenting commercial advertisements, 200,000 installing antennas or visible tubes in the cultural sites, placing signs or symbols in the surrounding areas without obtaining a licence from the Department. 11 Implementing, practicing or carrying out 200,000 any industrial, commercial, agricultural, scientific or investment activities in the cultural sites or their surrounding areas without obtaining a licence from the Department. 12 Transferring the ownership of the movable 200,000 Tangible Cultural Heritage that is registered in the Register without obtaining a licence from the Department. 13 Entering any Cultural Site that is closed 200,000 by a resolution of the Department for any reason, without obtaining a licence from the Department. 14 Submitting false data or information 200,000 or improper documents to obtain the registration or licence prescribed as per the provisions of the Law and its Regulations. 15 Practicing the profession of trade in 200,000 Tangible Cultural Heritage, or manufacturing or trading any Tangible Cultural Heritage, or establishing a museum or exhibition without a licence from the Department. 138 16 Possessing a Tangible Cultural Heritage 200,000 without registration thereof within the periods stipulated in the Law and its Regulations, unless there is an excuse or reason that may be accepted by the Department. 17 Removing anything from an immovable 200,000 Tangible Cultural Heritage, or demolishing it, or moving it from its place, or making any addition thereto such as construction, writing or engraving. 18 Selling or purchasing any materials taken 100,000 from an immovable Tangible Cultural Heritage. 19 Using the Cultural Site or its surrounding 100,000 area in a way that damages the site or its cultural significance. 20 Using the ruins of the historical buildings in 200,000 any works including the maintenance of the same historical building, without obtaining a licence from the Department. 21 Carrying out any backfilling, levelling, 200,000 construction or demolition of a building in the cultural sites or its surrounding areas, even for the purpose of reconstruction thereof, without a licence from the Department. 22 Carrying out any works concerning the 100,000 infrastructure of cultural sites or the surrounding areas without any licence from the Department. 139 23 Carrying out any maintenance, addition, 100,000 construction or modification on the immovable Tangible Cultural Heritage, without a licence from the Department. 24 Owner’s failure to preserve the Tangible 100,000 Cultural Heritage or neglecting the maintenance or restoration thereof, or using it unproperly or failing to respond to the Department’s requests. 25 Failing to report about the antiquities 100,000 discovered by accident. 26 Preventing the employees of the 100,000 Department from exercising any of their powers. 27 Owner’s failure to report the loss, theft or 100,000 damage of any Tangible Cultural Heritage owned thereby within the period determined in the Law and its Regulations. 28 Not responding to the Department’s 100,000 request concerning borrowing of the Tangible Cultural Heritage. 29 Organising conferences or events related 100,000 to any elements of the Intangible Cultural Heritage, without a prior authorisation from the Department 140 Table No. (2) Table of the Fees Imposed on the Preliminary Cultural Inspection Services in the Emirate of Abu Dhabi No. Service Calculation Method Value of the fee in Dirhams 1 Issuance of an approval/non- Flat fee 200 objection certificate (licence) for individuals through the electronic system of construction licences – programme of non-objection certificates for the facilities and infrastructure of the Emirate of Abu Dhabi. (without Preliminary Cultural Inspection). 2 Issuance of an approval/non- Flat fee 500 objection certificate (licence) for the companies, through the electronic system of construction licences – programme of non- objection certificates for the facilities and infrastructure of the Emirate of Abu Dhabi. (without Preliminary Cultural Inspection). 3 In case of carrying out Preliminary for each person per 500 Cultural Inspection regarding the day (the persons issuance of an approval /non- delegated to carry objection certificate (licence) for out Preliminary individuals through the electronic Cultural Inspection) system of construction licences – big development – programme of non-objection or construction certificates for the facilities and projects infrastructure of the Emirate of Abu Dhabi. 141 4 In case of carrying out Preliminary For each one 3,000 Cultural Inspection regarding person per day (the the issuance of approval/non- persons delegated objection certificate (licence) for to carry out companies through the electronic Preliminary Cultural system of construction licences Inspection) – large – programme of non-objection development certificates for the facilities and or construction infrastructure of the Emirate of projects Abu Dhabi. 142 Table No. (3) Table of Licence Fees No. Activity Fee value in dirhams 1 Licencing the private museum (for the first time). 50,000 2 Renewing the licence of the private museum (annual 25,000 renewal) 3 Licencing the activity of trade in antiquities (profession 100,000 of trade in Tangible Cultural Heritage – first time). 4 Renewing the licence of the activity of trade in 50,000 antiquities (profession of trade in Tangible Cultural Heritage – annual renewal). 5 Licencing the activity of exhibitions related to Cultural 50,000 Heritage (first time) 6 Renewing the licence of the activity of exhibitions 25,000 related to Cultural Heritage (annual renewal) 7 Licencing a commercial activity in the cultural sites 25,000 and historical buildings/ technical licence (annual renewal or first time) 1. In return for the issuance of licences and provision of the services indicated in the table above, the Department shall collect the fees determined to each. 2. For the remaining services related to the licensing of the activity, the Department shall collect the fees prescribed by virtue of Executive Council Decision No. (4) of 2017 concerning the fees of some tourism activities in the Emirate of Abu Dhabi. 3. The collection of the fees prescribed in the Table above, shall not prejudice any other fees to be paid to the Department or to any other governmental entity under the legislations in force in the Emirate. 143 Chairman of the Executive Council Resolution No. (17) of 2019 Concerning the Appointment of the Secretary-General of the Executive Council 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; • Law No. (18) of 2019 concerning Abu Dhabi Executive Office; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) H.E. Dr. Mohammed Rashid Ahmed Al Hamli shall be appointed as Secretary- General of the Executive Council at the grade of an Undersecretary of a Department. 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: 25 April 2019 Corresponding to: 19 Shaaban 1440 Hijri 144 Chairman of the Executive Council Resolution No. (18) of 2019 Concerning the Appointment of the Director-General of Abu Dhabi Executive Office 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; • Law No. (18) of 2019 concerning Abu Dhabi Executive Office; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) H.E. Dr. Jamal Mohammed Obaid Al-Kaabi shall be appointed as Director- General of Abu Dhabi Executive Office. 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: 25 April 2019 Corresponding to: 19 Shaaban 1440 Hijri 145 Chairman of the Executive Council Resolution No. (19) of 2019 Concerning the Reformation of the Board of Directors of Abu Dhabi Development Holding Company 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 “Public Joint Stock Company”; • Chairman of the Executive Council Resolution No. (27) of 2018 concerning the formation of the Board of Directors of Abu Dhabi Development Holding Company; • Executive Council Resolution No. (48) of 2019 concerning the replacement of two members of the Board of Directors of Abu Dhabi Development Holding Company; 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 Development Holding Company shall be reformed under the chairmanship of His Highness Sheikh Tahnoon bin Zayed Al Nahyan and the membership of: 1. H.E. Jassem Mohammed Bu Ataba Al Zaabi Vice-Chairman 2. H.E. Sheikh Abdullah bin Mohammed Al Hamed 3. H.E. Abdul Hamid Mohammed Saeed 4. H.E. Salem Rashid Abdullah Al Nuaimi 5. Mr. Fadel Abdulbaqi Al Ali 6. Mr. Kai-Erik Relander 146 Article (2) The term of the Board's membership shall be three 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: 25 April 2019 Corresponding to: 19 Shaaban 1440 Hijri 147 Chairman of the Executive Council Resolution No. (20) of 2019 Concerning the Appointment of the Director-General of Abu Dhabi Agriculture and Food Safety 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. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi; • Law No. (7) of 2019 concerning the establishment of Abu Dhabi Agriculture and Food Safety Authority; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) H.E. Saeed Al Bahri Salem Al Ameri shall be appointed as Director-General of Abu Dhabi Agriculture and Food Safety Authority. 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: 29 April 2019 Corresponding to: 23 Shaaban 1440 Hijri 148 Chairman of the Executive Council Resolution No. (21) of 2019 Concerning the Appointment of the Director-General of Human Resources Authority in the Emirate of Abu Dhabi 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. (7) of 2015 concerning the Establishment of Human Resources Authority in the Emirate of Abu Dhabi; • Law No. (6) of 2016 concerning Human Resources in the Emirate of Abu Dhabi; • Executive Council Resolution No. (86) of 2018 concerning the assignment of the acting Director-General of the Human Resources Authority in the Emirate of Abu Dhabi; and • Based on what was presented to and approved by the Executive Council, Issued the following Resolution: Article (1) H.E. Amer Hussein Mohammed Al Hammadi shall be appointed as Director- General of the Human Resources Authority in the Emirate of Abu Dhabi. 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: 29 April 2019 Corresponding to: 23 Shaaban 1440 Hijri 149 Chairman of the Executive Council Resolution No. (22) of 2019 Concerning the Reformation of the Board of Directors of Abu Dhabi Airports Company 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. (5) of 2006 concerning the establishment of Abu Dhabi Airports Company “Public Joint Stock Company”; • Chairman of the Executive Council Resolution No. (75) of 2017 concerning the reformation of the Board of Directors of Abu Dhabi Airports Company; 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 Airports Company shall be reformed under the chairmanship of Sheikh Mohammed Bin Hamad Bin Tahnoon Al Nahyan and the membership of their Excellencies: 1. Tareq Abdul Raheem Al Hosani, Vice-President 2. Abdullah Abdel Hamid Al Sahi 3. Nader Ahmed Al Hamadi 4. Saeed Rashid Al Zaabi 5. Tony Douglas 6. Hisham Malak Khalid 150 Article (2) The term of the Board's membership shall be three renewable years.
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This Resolution is effective from the date it was issued and is to be published in the Official Gazette.
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: 29 April 2019 Corresponding to: 23 Shaaban 1440 Hijri 151 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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