Abu Dhabi Official Gazette - 2020 Edition 5

The Official Gazette 31 May 2020 - The Fifth Edition The Official Gazette The Fifth Edition - The Forty Ninth Year Contents Pages Laws Law No. (14) of 2020 Concerning the Establishment of the Advanced Technology Research Council. 5 Law No. (15) of 2020 Concerning the Amendment of Some Provisions of Law No. (2) of 2000 Concerning the Civil Retirement Pensions and Benefits of the Emirate of Abu Dhabi. 13 Crown Prince Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (12) of 2020 Concerning the Formation of the Board of Directors of the Advanced Technology Research Council. 23 Chairman of the Executive Council Resolution No. (13) of 2020 Concerning the Appointment of the Secretary-General of the Advanced Technology Research Council. 25 Chairman of the Executive Council Resolution No. (14) of 2020 Concerning the Appointment of the Undersecretary of the Department of Education and Knowledge. 26 1 Laws 3 swaL Law No. (14) of 2020 Concerning the Establishment of the Advanced Technology Research Council We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. 2 of 1971 concerning the National Advisory Council and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (29) of 2019 concerning the establishment of Abu Dhabi Research and Development Authority; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) The following definition shall be added to Article (1) of the aforesaid Law No. (4) of 2013: State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Government : The Government of Abu Dhabi. Executive Council : The Executive Council of the Emirate. Council : The Advanced Technology Research Council. 5 Board of Directors : The Board of Directors of the Council. Secretary-General : The Secretary-General of the Council. Research and : Research and development work and activities in all Development in the fields and specialties, including engineering industries Field of Advanced and specialities, communications, artificial intelligence, Technology robotics, aerospace, food, pharmaceutical and construction industries and specialties, alternative and renewable energy, environmental, chemical and petrochemical industries, among many other industries and specialties that seek to solve practical problems and aim to achieve commercial purposes and result in inventions, products or services or technologies, and this includes academic research and development that is not intended to achieve any commercial purposes Article (2) • A Council shall be established pursuant to the provisions of this Law under the name of “The Advanced Technology Research Council”. It shall have an independent corporate personality and enjoy the full legal capacity to act. The Council shall be affiliated to the Executive Council. • The Executive Council may change the affiliation of the Council to any entity determined thereby. Article (3) The main office of the Council shall be located in Abu Dhabi City. Branches and offices thereof may be opened by a resolution of the Board of Directors inside or outside the Emirate, following the approval of the Executive Council. Article (4) The Council shall assume the following competencies: 1. Propose the general policy and strategic plans and initiatives related to the field of Research and Development in the Field of Advanced Technology and submit it to the Executive Council for approval. 6 2. Determine the priorities of the sector of Research and Development in the Field of Advanced Technology in the Emirate in line with the overall trends and aspirations of the Government. 3. Lay down the controls and standards based on which contracts of Research and Development in the Field of Advanced Technology are approved, supported, financed and concluded, and submit them to the Executive Council for approval. 4. Lay down the plans and programs, including financing programs, that aim to expand the capabilities of Research and Development in the Field of Advanced Technology, in accordance with the approved controls. 5. Manage and implement programs of Research and Development in the Field of Advanced Technology. 6. Launch, approve and supervise the initiatives of Research and Development in the Field of Advanced Technology, which are financed by the government. 7. Study applications for financial grants to academic institutions and individuals for the purposes of Research and Development in the Field of Advanced Technology and approve the disbursement thereof in accordance with the approved standards and controls. 8. Establish or contribute to companies, including the establishment of laboratories and incubators, and attract and accept investments for the purposes of Research, Development and investment in the Field of Advanced Technology. 9. Build and develop scientific and research partnerships with local and international financing institutions and exchange experiences in order to ensure funding and development of Research and Development in the field of Advanced Technology. 10. Conclude agreements and memoranda of understanding with scientific and research institutions inside and outside the country for the purpose of cooperation in the fields of Research and Development in the Field of Advanced Technology. 11. Implement strategies related to investment and commercial activities 7 and the intellectual property arising from research carried out by the Council or in which the latter participates. • The Executive Council may amend the functions of the Council contained in this Law or any other legislation by deletion, addition or transfer. • The Council may delegate some of its powers to any other government entity or outsource some of it to the private sector following the approval of the Executive Council Article (5) • The Council shall be managed by a Board of Directors consisting of at least five members, including the Chairman of the Board of Directors and the Secretary- General. A decision to appoint them shall be issued by the Chairman of the Executive Council. • The term of membership of the Board of Directors shall be three years, renewable for similar periods. • The Chairman of the Board of Directors may invite whomever he deems necessary to attend its meetings without having the right to vote. • The internal regulations shall define the procedures for convening the Board of Directors and how to vote on its decisions. Article (6) • The Board of Directors shall be the authority competent to manage the affairs of the Council and run its affairs, and it shall in particular assume the following: 1. Approve the strategic and executive plans of the Council and submit them to the Executive Council for approval in accordance with the legislations in force. 2. Approve the legislations related to the Council’s function and submit them to the Executive Council in accordance with the legislations in force. 3. Approve the annual draft budget of the Council and submit it to the Executive Council for approval. 8 4. Approve the organisational structure of the Council and submit it to the Executive Council for approval in accordance with the regulations in force. 5. Approve the proposed fees, tariffs and prices related to the Council’s competencies and submit them for approval in accordance with the legislations in force. 6. Form permanent and temporary committees from among its members or others to carry out the tasks assigned to them. 7. Any other competencies or tasks assigned to it by the Executive Council. • The Board of Directors may delegate some of its powers to the Secretary- General as much as the need and interest of the work require so. Article (7) • The Council shall have a Secretary-General appointed by a Chairman of the Executive Council Resolution, who shall conduct the daily work of the Council, and shall in particular assume the following: 1. Propose strategic and executive plans of the Council and submit them to the Board of Directors. 2. Follow up on the implementation of the Council’s strategic and executive plans, as well as the programs and projects it manages or implements. 3. Manage, develop and implement all strategic and executive tasks entrusted to the Council, either directly or through work teams that he designates or entrusts with tasks in a manner that does not conflict with the legislations in force. 4. Propose initiatives, programs, projects, studies and recommendations related to the functions and activities of the Council and submit them to the Board of Directors. 5. Propose the organisational structure of the Council and submit it to the Board of Directors. 6. Propose the annual draft budget for the Council and submit it to the Board of Directors. 9 7. Propose legislations, regulatory and executive regulations, systems, policies, decisions and circulars related to the Council’s competencies and submit them to the Board of Directors. 8. Propose fees, tariffs and prices related to the Council’s competencies and submit them to the Board of Directors. 9. Open bank accounts in the name of the Council in accordance with the legislations in force. 10. Appoint experts, consultants and technicians, temporarily or permanently, and determine their remuneration. He may seek the assistance of experts, institutions and consulting offices he deems appropriate. 11. Represent the council before Courts and third parties. 12. Any other competencies or tasks assigned to him by the Board of Directors. • The Secretary-General may delegate some of his powers to any of the Council’s senior employees, provided that the delegation is made in writing. Article (8) Every three months, or whenever requested to do so, the Council shall submit to the Executive Council or whomever it delegates, a report on its functions, achievements, budget, administrative and financial affairs, and stages of progress achieved thereby while assuming the competencies and tasks entrusted to it. Article (9) The academic entities, institutions and individuals may submit to the Council applications for financial grants for the purposes of Research and Development in the Field of Advanced Technology, in accordance with the conditions, forms and procedures specified by the Council. 10 Article (10) The financial resources of the Council shall consist of the following: 1. The annual appropriations allocated thereto by the Government. 2. Returns on the investments of the Council. 3. The grants and donations granted thereto following the approval of the Executive Council. 4. The financial support provided to it by the public and private sectors, individuals and various scientific research funding institutions, which shall be allocated to finance specific research and activities and shall be disbursed in accordance with the determined expenditures and outside the approved budget of the Council. 5. Any other revenues approved by the Executive Council. Article (11) The fiscal year of the Council shall start on the first of January and end on the last day of December of each year, except for the first fiscal year which shall start from the date of entry into force of the provisions of the this Law and end on the last day of December of the following year. Article (12) The Council shall have one or more external certified auditors to verify its financial accounts and statements. Their appointment and remuneration shall be determined by a resolution of the Board of Directors in accordance with the applicable legislations. Article (13) • The financial laws and regulations applicable in the Emirate shall apply to the Council. • The human resources laws and regulations applicable in the Emirate shall apply to the employees of the Council. • The Nationals among them shall be subject to the Civil Retirement Pensions and Benefits law applicable in the Emirate. 11 Article (14) • The aforesaid Law No. (29) of 2019 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: 20 May 2020 Corresponding to: 27 Ramadan 1441 Hijri 12 Law No. (15) of 2020 Concerning the Amendment of Some Provisions of Law No. (2) of 2000 Concerning the Civil Retirement Pensions and Benefits 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 1971 concerning the National Advisory Council and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi, and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) The definitions of “Government Sector”, “Medical Committee” and “Salary” mentioned in Article (2) of the aforesaid Law No. (2) of 2000 were replaced with the following definitions: Government Sector: The departments and diwans of the Ruler and the Crown Prince, the diwans of the Ruler's representatives, government departments, executive, legislative and municipal councils, institutions, authorities, companies, associations and public committees that are subject to or owned by the Emirate, as well as every authority, institution or company in which the government directly or indirectly contributes. 13 Medical Committee: The committee formed by a resolution issued by the Chairman of the Department of Health to prove each case stipulated in this Law. Salary: 1. For the insured persons working in the Government Sector: a. The average basic salary for the last three years that the insured was entitled to before his retirement, in addition to the bonuses and allowances granted thereto, which are the cost-of-living allowance or a similar allowance, the social allowance for children, the National’s social allowance, the housing allowance, and the Federation’s allowance. b. Concerning the undersecretaries, assistant undersecretaries and persons of equivalent status: The average basic salary for the last three years that the insured was entitled to before his retirement, in addition to the bonuses and allowances granted thereto, which are the cost-of-living allowance or a similar allowance, the social allowance for children, the National’s social allowance, the Federation’s allowance, the representation allowance and housing allowance, prescribed to the grade thereof, provided that this allowance is estimated monthly for those who receive this allowance annually by dividing it by the number of months of the year. c. For the Executive Council Chairman, his deputy, chairmen of departments and persons of equivalent status: the basic salary in addition to the housing allowance, furniture allowance, representation allowance, servant's allowance, and other monthly and annual allowances. Annual allowances are estimated monthly by dividing them by the number of months of the year. d. For the Members of the National Advisory Council and municipal councils: Membership rewards. 2. For the insured persons working in the private sector: The average for the last six years of the wage specified in the employment contract, with a minimum amount of AED (6,000) and a maximum amount of AED (200,000). The Chairman may, following the approval of the Council, 14 change the minimum and maximum limits and lay down the controls and mechanism for their application. Article (2) The texts of Articles (15/sixth, 18, 24, 38, 86) of the aforesaid Law No. (2) of 2000, were replaced by the following texts. Article (15/Sixth): The amounts due from the insured as a result of combining previous periods of service or combining nominal periods of service. Article (18): 1. In order to combine the periods of service referred to in Article (17) of this Law, the following shall be fulfilled: a. The insured shall express his desire in writing to combine these periods before the end of his service, provided that the necessary certificates and documents are attached to his application. b. The previous service periods to be combined should not have been terminated due to any of the reasons for complete deprivation of the pension or gratuity. c. The insured shall pay for the period to be combined (26%) of the salary on the basis of which contributions are paid on the date of submitting the combination application. d. The insured shall pay the full costs of combination before the end of his service. e. Any conditions and controls laid down by the Board. 2. The cost of combination shall be paid as a lump sum within a month from the date of approval of the combination application. Otherwise, the application shall be considered null, unless it was agreed to pay it in installments in accordance with the rules laid down by the Council. 3. If the service of the insured ends without settling the combination cost, the combined period shall be calculated corresponding to the amounts actually paid. 15 4. Notwithstanding the special provisions mentioned in this Article, the previous service period of the insured shall be deemed to be automatically added to his subsequent service if he chooses not to disburse the end- of-service gratuity due thereto for the purpose of combining it with his subsequent period of service, and the Council may lay down the conditions and controls necessary for the implementation of this Clause. Article (24): 1- The insured shall continue to be subject to the provisions of this Law during his leave periods, secondment, delegation, or the periods of his absence from work. The employer shall continue to provide the monthly contributions due therefor on the basis of the insured’s last salary subject to deduction, and the insured shall be entitled to subscriptions for these periods for the full wage subject to deduction according to the rules and provisions set forth against each of them: a. Periods of external secondment without salary or wage, or the period of leave without salary or wage: The insured shall be bound by his share and the employer's share in the contributions, which are paid on periodic dates. b. Periods of study leave without salary or wage: The employer shall be committed to his share in the contributions just as the insured shall be committed to his share. c. Periods of internal secondment: The seconded to entity, should it bear the wage or salary, shall be bound to pay the employer's share in the contributions, and the insured shall be committed to his share to be paid to the fund on periodic dates on the basis of the wage or salary that is subject to deduction in the seconded from entity. d. Duration of sick leave: The employer shall be bound by his share in the contributions and shall pay it on periodic dates, just as the insured is committed to his share therein, whether the leave is with or without a salary or wage. e. Periods of absence from work: The insured shall be bound by his share and the share of the employer in the contributions, for periods of 16 absence from work prior to the date of termination of service, and such shares shall be paid on periodic dates. 2- The employer shall have the right to have recourse against the insured and claim the sums owed by the latter and paid thereby to the fund on his behalf. Article (38): The payment of the share shall cease in the following two cases: a. Should the beneficiary join work; except for the widow. b. Marriage of females. The daughter, sister or the granddaughter, upon her first marriage, shall receive a grant equivalent to her share in the pension for 6 months. Article (86): It is stipulated that the age of the insured shall not be less than eighteen years and not more than the retirement age, and to be medically fit to work upon appointment thereof according to a medical report from the medical entity approved by the employer, and the employer shall submit this report upon subscribing him with the Fund. The official document set to prove the age as issued by the competent entity in the State, shall be adopted in implementing the provisions of this Law. Article (3) Two new articles shall be added to the provisions of Law No. (2) of 2000 under numbers (30 bis) and (45 bis), as follows: Article (30 bis): The remuneration of the insured persons working in the private sector shall be calculated for the period of actual service in excess of twenty-five years at the rate of three months' salary for each year, on the condition that the insured and the employer continue to pay contributions. Article (45 bis): The remuneration of the insured working in the private sector shall be calculated at the rate of the salary of one and a half months for each year of his first five years of service, provided that the period of his service is 17 not less than a year, then the rate of two months 'salary for each year of his next five years of service, then the rate of three months' salary for each year subsequent to the first (10) years. In the calculation of the service period, the part of the month shall be considered a full month. Article (4) The definition of “Semi-governmental Sector” shall be cancelled from Article (2) and wherever mentioned in the aforesaid Law No. (2) of 2000. Articles (40) and (69) of Law No. (2) of 2000 shall be repealed. Any provision contrary to the provisions of this Law shall be repealed. Article (5) This Law shall be effective from the date of its publication and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 20 May 2020 Corresponding to: 27 Ramadan 1441 Hijri 18 19 Crown Prince Chairman of the Executive Council Resolutions 21 snoituloseR licnuoC evitucexE eht fo namriahC ecnirP nworC Chairman of the Executive Council Resolution No. (12) of 2020 Concerning the Formation of the Board of Directors of the Advanced Technology Research 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. (14) of 2020 concerning the establishment of the Advanced Technology Research Council; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Board of Directors of the Advanced Technology Research Council shall be formed under the chairmanship of His Highness Sheikh Khalid bin Mohamed bin Zayed Al Nahyan and the membership of: 1. H.E. Sara Awad Issa Musallam. 2. H.E. Mohammed Ali Al Shorafa Al Hammadi. 3. H.E. Dr. Shaikha Salem Obaid Al-Dhaheri. 4. Secretary-General of the Advanced Technology Research Council. Article (2) The term of the membership of the Board of Directors shall be three renewable years. 23 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: 20 May 2020 Corresponding to: 27 Ramadan 1441 Hijri 24 Chairman of the Executive Council Resolution No. (13) of 2020 Concerning the Appointment of the Secretary-General of the Advanced Technology Research 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, and its amendments; • Law No. (14) of 2020 concerning the establishment of the Advanced Technology Research Council; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) His Excellency Faisal Abdulaziz Al Bannai shall be appointed as a Secretary- General of the Advanced Technology Research Council. 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: 20 May 2020 Corresponding to: 27 Ramadan 1441 Hijri 25 Chairman of the Executive Council Resolution No. (14) of 2020 Concerning the Appointment of the Undersecretary of the Department of Education and Knowledge We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (9) of 2018 concerning the establishment of the Department of Education and Knowledge; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) His Excellency Amer Hussain Mohammed Hussain Al Hammadi shall be appointed as an Undersecretary of the Department of Education and Knowledge. 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: 20 May 2020 Corresponding to: 27 Ramadan 1441 Hijri 26 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