Abu Dhabi Official Gazette - 2018 Edition 2018

The Official Gazette 30 September 2018 - The Ninth Edition The Official Gazette The Ninth Edition - The Forty Seventh Year Contents Pages Laws Law No. (18) of 2018 Concerning the Establishment of Abu Dhabi Government Media Office. 5 Law No. (19) of 2018 Concerning the Amendment of Some Provisions of Law No. (27) of 2005 Concerning the Reorganisation of Abu Dhabi Chamber of Commerce and Industry. 13 Circulars Circulars of Executive Council Circular No. (4) of 2018 Concerning the Hijri New Year Holiday. 19 Circulars of Executive Committee Circular No. (1) of 2018 Concerning Capital Project Governance. 20 Circular No. (2) of 2018 Concerning Abu Dhabi Investment Office. 31 Circular No. (3) of 2018 Concerning Control and Supervision of Food Facilities. 32 Circular No. (4) of 2018 Concerning the Registration of the Real Estate Units Owned by the Governmental Entities and Companies. 33 Circular No. (5) of 2018 Concerning the Licensing Conditions of the Economic Activities. 34 Circular No. (6) of 2018 Concerning The Value-Added Tax in Governmental Contracts. 35 Circular No. (7) of 2018 Concerning Outsourcing Customer Services. 36 1 Laws 3 swaL Law No. (18) of 2018 Concerning the Establishment of Abu Dhabi Government Media Office We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the Reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Advisory Council and its amendments; • Law No. (2) of 2000 concerning 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; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (3) of 2018 concerning Abu Dhabi Executive Office; • Law No. (4) of 2018 concerning the General Secretariat of the Executive Council; • The Chairman of the Executive Council Resolution No. (3) of 2012 concerning the transfer of Abu Dhabi Media Identity Office to the General Secretariat of the Executive Council: • The Chairman of the Executive Council Resolution No. (54) of 2016 concerning the Event Licensing System in the Emirate of Abu Dhabi; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: 5 Article (1) In the implementation of the provisions of the present 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. Governmental Entities : The departments, public authorities and institutions as well as the bodies, centres, council, funds and any other entity affiliated to the Government. Governmental Companies : The companies wholly owned by the Government or Governmental Entities. Office : Abu Dhabi Government Media Office Director-General : The Director-General of the Office Article (2) An Authority shall be established pursuant to the provisions of the present Law under the name “Abu Dhabi Government Media Office”. This Authority shall have an independent corporate personality, enjoy full legal capacity to act, and affiliated to Abu Dhabi Executive Office. Article (3) The Office’s headquarters shall be located in Abu Dhabi City. Branches for the Office may be established inside or outside the Emirate pursuant to a resolution by the Chairman of Abu Dhabi Executive Office following the approval of the Executive Council. 6 Article (4) • The Office shall assume the following competences: 1. Prepare and lay down the media and government communication strategy and policy for the Emirate and obtain the approval of the Executive Council thereon. 2. Approve the media plans of the Governmental Entities and Companies, submit them to Abu Dhabi Executive Office in preparation for their approval by the Executive Committee. 3. Follow up on the compliance of the Governmental Entities and Companies in the implementation and execution of the media policies and plans. 4. Regulate and unify media approach, authorities and sponsorship applications in the Emirate. 5. Represent the Government in the media; prepare and organise the press conferences of the Emirate and Government, and their strategic messages. 6. Arrange dialogues and interviews of the Chairman of the Executive Council as well as the Government’s officials with the different local and foreign media, follow up the broadcasting and communication of the same, and monitor the their effects on the public opinion in coordination with the concerned entities. 7. Provide the different media resources with news concerning the Executive Council and its activities as approved by the General Secretariat of the Executive Council. 8. Provide the different media with news regarding the committees of the Executive Council and the Governmental Entities and Companies as well as the media coverage of its activities. 9. Follow up and monitor the different kinds of local and international media content as well as the public opinion trends. 10. Conduct everything related to preserving the reputation of the Emirate. 7 11. Prepare the manuals required for the usage of the logo of the Emirate and its government branding identity, obtain the approval of the Executive Council thereon, follow up their implementation, maintain and enhance them, and provide any services associated therewith. 12. Maintain, document, and archive media content of all types including press, television and radio dialogues and interviews of the Governmental Entities and Companies. 13. Submit periodic reports and analytical studies to Abu Dhabi Executive Office concerning matters related to the Office’s competences as stipulated in the present Law. • The Executive Council may amend the Office’s competences set forth in any legislation whether by deletion, addition or transfer. • The Office may delegate some of its competences to any other Governmental Entity or outsource some of them to the private sector after obtaining the approval of the Executive Council. Article (5) • The Office shall be managed by a Director-General appointed by a resolution of the Chairman of the Executive Council. • The Director-General shall assume the steering and supervision of the Office’s operations and be responsible for them before the Chairman of Abu Dhabi Executive Office. He shall in particular assume the following competences: 1. Propose the strategic and executive plans of the Office and present them to the Chairman of Abu Dhabi Executive Office in preparation for submitting them for approval in accordance with the applicable legislations. 2. Follow up on the implementation of the strategic and executive plans of the Office as well as the programs and projects managed or implemented by the Office. 8 3. Propose the initiatives, programs, projects, studies, and recommendations related to the operations and activities of the Office and present them to the Chairman of Abu Dhabi Executive Office for approval. 4. Prepare the draft annual budget of the Office and present it to the Chairman of Abu Dhabi Executive Office in preparation for submitting it for approval in accordance with the applicable legislations. 5. Propose the organisational chart of the Office and present it to the Chairman of Abu Dhabi Executive Office in preparation for submitting it for approval in accordance with the applicable legislations. 6. Appoint experts, consultants and technicians, temporarily or permanently, and determine their remuneration. He may engage experts, and consulting institutions and offices as he deems appropriate. 7. Open bank accounts in the name of the Office in accordance with the applicable legislations. 8. Form committees and internal working teams from among the employees of the Office and determine their tasks and the procedures of the conduct of their work. 9. Propose the fees, tariffs and prices related to the competences of the Office and present them to the Chairman of Abu Dhabi Executive Office in preparation for submitting them for approval in accordance with the applicable legislations. 10. Represent the Office before Courts and third parties. 11. Any other competences assigned thereto by the Executive Office. • The Director-General may delegate some of his competences to senior employees of the Office provided that such delegation is made in writing. • The Executive Council may delegate any of the Director-General’s competences to any committees or workig teams appointed by it from among the employees of the Office or from outside the Office. 9 Article (6) • The Office may have a Board of Trustees consisting of not less than three and not more than seven members including the Chairman, whose appointment and remuneration are determined by a resolution of the Executive Council. • The Board of Trustees shall be responsible for the operations of the Office before the Chairman of Abu Dhabi Executive Office. • The Board of Trustees shall provide advice to Abu Dhabi Executive Office and the Director-General of the Office in the matters related to some or all the competences of the Office. The Board of Trustees shall provide them with the recommendations and suggestions concerning the plans, programs, projects and activities supervised, managed or implemented thereby. • The Board of Trustees shall hold its meetings in accordance with the rules and regulations approved by the Chairman of Abu Dhabi Executive Office. • The Chairman of Abu Dhabi Executive Office may assign the Board of Trustees to follow up on the operations of the Director-General where necessary. Article (7) The Office shall submit to Abu Dhabi Executive Office, on an annual basis or whenever requested by Abu Dhabi Executive Office, a report on its operations, achievements, budget, administrative and financial affairs, and the stages of progress achieved thereby in the implementation of the competences and tasks assigned thereto. Article (8) Abu Dhabi Executive Office may, by a resolution of its Chairman, assume all the operations and support services, including the Human resources, financial, procurement and information technology affairs as well as the other operations related to the corporate affairs of the Office. 10 Article (9) All the Governmental Entities and Companies shall commit to provide the Office with all the information, documents and data it may need with regard to its competences. Article (10) A resolution by the Executive Council may exempt any Governmental Entity and Company from some or all the provisions of the present Law where necessary. Article (11) The financial resources of the Office shall consist of the following: 1. The annual appropriations allocated thereto by the Government. 2. Any other revenues approved by the Executive Council. Article (12) The fiscal year of the Office shall commence on the first of January and end by the 31st of December of each year, except for the first fiscal year, that shall commence from the date of entry into force of the present Law and end by the 31st of December of the following year. Article (13) The Office shall have one or more external certified auditors to audit the accounts and financial statements of the Office. Their appointment and the determination of their remuneration shall be decided by a resolution of the Chairman of Abu Dhabi Executive Office in accordance with the applicable legislations. Article (14) • The Office shall be subject to financial laws and regulations applicable in the Emirate. 11 • The employees of the Office shall be subject to the human resources laws and regulations applicable in the Emirate. • The Nationals among them shall be subject to the Law of Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi as applicable in the Emirate. Article (15) • The aforesaid Chairman of the Executive Council Resolution No. (3) of 2012 shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. 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 6 September 2018 Corresponding to 26 Dhi Al-Hijjah 1439 Hijri 12 Law No. (19) of 2018 Concerning the Amendment of Some Provisions of Law No. (27) of 2005 Concerning the Reorganisation of Abu Dhabi Chamber of Commerce and Industry 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. (27) of 2005 concerning the reorganisation of Abu Dhabi Chamber of Commerce and Industry; and • Based on what was presented to and approved by Executive Council, Issued the following Law: Article (1) The Texts of Articles (3), (8), (11), (16) and (26 Clause 8) of the aforesaid Law No. (27) of 2005 shall be replaced by the following texts: Article (3): The main office of the Chamber shall be in Abu Dhabi city and branches or offices thereof may be established inside or outside the Emirate by the Board resolution. Article (8): The General Assembly may be called to convene at the request of at least (10) Board members or (20%) of the members of the General Assembly when the need arises to discuss particular subjects in the presence of not less than (50%) of those who has requested the meeting. If such quorum was not met in the first meeting, the General Assembly shall be called to hold a 13 second meeting after the lapse of at least (10) days, and the second meeting shall be deemed valid regardless the number of attendees. Article (11): The General Assembly shall have the following competences: 1. Discuss the reports submitted by the Board thereto. 2. Discuss the budgets and accounts of the Chamber. 3. Any matters related to the commercial and industrial sector submitted by the Board or any member thereof to the General Assembly. Article (16): • The Chamber shall be managed by a Board of Directors consisting of at least (15) members to be appointed by a Chairman of the Executive Council Resolution which shall also determine the Chairman of the Board and his deputies as well as the treasurer and his deputy. • The Board’s term shall be three renewable years. • The Board shall continue to assume its competences after the expiry of its term until a resolution is issued for its reformation. • If the number of the Board members becomes less than two thirds, a resolution shall be issued by the Chairman of the Executive Council to complete the number or reform the Board. • In all cases, the Board’s term shall be considered as expired if the number of the Board members becomes less than half at any time. Article (26 Clause 8): • Form permanent and temporary committees from among its members or others to carry out the functions stipulated in the resolution of their formation provided that they submit their recommendations to the Board so that the latter takes the appropriate decision. Article (2) The following competences shall be added to the competences set forth for the Chamber in Article (5) of the aforesaid Law No. (27) of 2005: 14 1. Provide counselling and advice to the members of the Chamber in legal, commercial, economic or technical matters and provide them with the available information registered therewith. 2. Seek to realise the interests, vision and strategies of the Emirate by cooperating with international and regional specialised organisations, receive the visiting trade delegations and missions and send trade delegations abroad, and organise conferences and seminars. 3. Authenticate the signatures, seals, documents, certificates, contracts and other documents related to commercial transactions as needed by the members of the Chamber to achieve their businesses. 4. Form business groups, councils and associations and grant them the necessary approvals in coordination with the Department of Economic Development and in accordance with the Regulation approved by the Council in this regard to exercise their activities. 5. Contribute in solving commercial and industrial disputes through conciliation, reconciliation or arbitration by establishing conciliation and arbitration centres, and issue their articles of association and their bylaws. 6. Own, manage and invest in movable and immovable property and conduct lending, borrowing, rental, leasing and mortgage. 7. Establish companies and institutions and enter into partnerships in order to invest their money and develop their income. Article (3) A new Article shall be added to the provisions of the aforesaid Law No. (27) of 2005 under number (30 bis) to read as follows: Article (30 bis): • “The Board shall form a Council composed of prominent businessmen in the Emirate and of influential and renowned people from different economic sectors under the name of “Businessmen’s Advisory Council” 15 that shall assume the following competences: 1. Serve the interests of traders and businessmen in the Emirate and strengthen the relations between them. 2. Lay down the suggestions related to the traders’ affairs and study the disputes arising between them. 3. Study manifestations of negative trade. 4. Assist the traders to overcome the crisis that they face. 5. Any other competences assigned thereto by the Board. • The by laws shall determine the number of its members as well as the method of election of the Chairman and Vice-Chairman, the way of taking its decisions, the validity of its meetings and its competences. Article (4) • Articles (9), (12), (13), (17), (18), (19), (22), (23) and (Clause 3 of Article 26) of the aforesaid Law No. (27) of 2005 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 issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On 9 September 2018 Corresponding to 29 Dhi Al-Hijjah 1439 Hijri 16 Circulars 17 sralucriC Date: 4/09/2018 Circular No. (4) of 2018 Concerning the Hijri New Year Holiday To all governmental entities in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, On the occasion of the Hijri New Year 1440, may Allah return it to us all with prosperity and blessings, and pursuant to the human resources rules and regulations applicable in the Emirate of Abu Dhabi, it was decided that Thursday 13 September 2018 shall be a public holiday for all governmental entities in the Emirate of Abu Dhabi. On this blessed occasion, it gives us great pleasure to raise our deepest congratulations and best wishes to His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the State - may Allah protect him, His Highness Sheikh Mohamed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi, Deputy Supreme Commander of the Armed Forces, Chairman of the Executive Council, may Allah protect him, and the distinguished members of the Executive Council, and all the employees of the governmental entities in the Emirate of Abu Dhabi, asking Allah Almighty to return it while they are in good health and wellness. We also congratulate the people of the United Arab Emirates and both the Arab and Islamic nations on this gracious occasion. Many happy returns, Dr. Ahmed Mubarak Al Mazrouie Secretary-General 19 Date: 4/06/2018 Circular No. (1) of 2018 Concerning Capital Project Governance To all governmental entities in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, In our endeavours to develop capital project governance in the Emirate and in order to ensure the proper implementation thereof, the following shall be observed: 1. Apply the measurement mechanism for capital projects from the conceptual phase until final delivery, and determine the time frame for each phase as per the Guide attached. 2. Plan for the main phases of the capital projects, study the risk register including the precautionary plans in coordination with the relevant entities to guarantee the continuity, delivery and operation of the projects on time. 3. Close the final accounts and payments of the completed capital projects, following the end of the guarantee period to prevent any future financial claims. 4. guarantee the continuity of works on the corporate level especially in the management of capital and operational projects. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact Sirs / Department of Urban Planning and Municipalities on Tel: 024096171 or via email: ChairmanOffice@dpm.abudhabi.ae Attachment: Guide of the Capital Project Governance for Governmental Entities 20 Guide of the Capital Project Governance for Governmental Entities 21 Table of Contents 1. Introduction ............................................................................................................................................... 3 2. Objectives and Scope of the Guide ........................................................................................................... 4 3. Concepts and Terms .................................................................................................................................. 4 3.1 Concept of Capital Project and its Start Date ..................................................................................... 4 3.1.1 Approved Capital Projects ........................................................................................................... 4 3.1.2 Non-Approved Capital Projects ................................................................................................... 4 3.2 Types of Capital Projects .................................................................................................................... 5 4. Approved Phases of the Capital Projects and their Definition .................................................................. 5 5. Standardised Approved Types of Capital Projects, their Phases and Weights ......................................... 6 6. Approved Time Frame of the Project Phases ............................................................................................ 7 7. Measurement Mechanism and Colours for the Projects Timetable Workflow ......................................... 8 7.1 Colours of Measurement of the Projects Timetable Workflow Performance ..................................... 8 8. Measurement Mechanism and Colours for the Projects’ Financial Performance ..................................... 9 8.1 Colours of Measurement of the Projects’ Financial Performance ...................................................... 9 9. Example of Preparation of Programmes / Timetables according to this Guide ...................................... 10 Page 2 of 10 22 1. Introduction Abu Dhabi Government Departments and Institutions use different systems and standards to manage capital projects, which results into a different method of reading and measuring the workflow and performance of such projects. Thus, there was an urgent need to develop unified standards in this field to save effort and money. Based on the importance of using the best practices to set a unified framework for the projects, a team was formed to develop the “proposed framework of the capital projects governance” pursuant to the Executive Committee Resolution no. 30 s. 21/2015, in order to reach the following outputs: First: Standardisation of the phases of capital projects. Second: Standardisation of the measurement mechanism for capital projects from the conceptual phase until final delivery. Third: Increasing the requirements of the capital projects panel. Whereas the esteemed Executive Committee approved all the outputs of the work team as stated above in the Resolution no. (08/016/02/2016), and whereas the Executive Committee also approved the time frame of the various phases of the capital projects in the Resolution no. (07/013/2/2017); Thus, it was necessary to circulate the outputs of the “approved framework of the capital project governance” to all governmental entities to apply the same and prepare this Guide that clarifies the following: • Various phases of the project and their time frames. • Types of the projects. • Measurement mechanism for the project’s progress according to the timetable and measurement of the overall indicators of the projects’ performance. • Measurement mechanism for the project’s financial performance. Page 3 of 10 23 2. Objectives and Scope of the Guide This Guide was prepared based on Abu Dhabi Government’s awareness of the importance of implementation and governance of these projects, as they are necessary tools to implement the Emirate’s plan and the programmes and projects included therein, especially the importance of the capital projects in developing vital utilities, such as roads and infrastructure of various types, and the recreational facilities. This Guide aims to: • Standardise the measurement mechanism for the financial and technical performance of the projects as they are essential elements of any project. • Ensure easy preparation of the projects’ timetables, which would give accurate readings that are reflected into the level of achievement of the government programmes for the Emirate. • Ensure easy reading of the project’s phases due to the unification of the weights of such phases among all the governmental entities and thus facilitate the decision-making process. • Integrate the efforts among the various entities, each within its own competence. • Use the best practices applied in the project follow-up systems. • Serve as a reference to be used by all specialists and workers in the projects’ field in the Emirate of Abu Dhabi. These outputs and the content of this Guide apply to all types of capital projects in the Emirate of Abu Dhabi. 3. Concepts and Terms 3.1 Concept of Capital Project and its Start Date It is a planned process aimed at offering a service or product, to be implemented within a specific time frame with a start and end date, using specific resources in order to achieve a beneficial change or an added value. 3.1.1 Approved Capital Projects Projects approved by the competent authority according to the legislations and rules in force in the Emirate. 3.1.2 Non-Approved Capital Projects Page 4 of 10 24 The requests submitted by the governmental entities as suggested projects to the competent authority and no decision of approval/acceptance is issued in their regard. 3.2 Types of Capital Projects The types of capital projects were classified according to the strategy of implementation of the project, in order to ensure comprehensive classification of all projects, such as buildings, roads, gardens, infrastructure, etc., and each type is used according to the objective of the project and the best way to implement the same: • (Design-Bid-Build): The projects for which a consultant is appointed to carry out the design works, then a contractor is appointed to implement such works. This is considered the traditional method of projects’ implementation. • (Study): Study projects of which the outputs are studies, such as: Groundwater level - traffic congestion, etc. • (Design and Build): The projects for which a contractor (one entity) is contracted to be responsible for the design and implementation of all the project’s works. 4. Approved Phases of the Capital Projects and their Definitions The project goes through various phases considered as the project’s lifecycle. The start and end of each phase are defined to ensure their standardisation in the preparation of the timetables and project management among the entities, as follows: Phase Description / Definition of the Phase This phase starts by the approval of the project budget and the preparation of the terms of reference / request for proposal (RFP – Initiation TOR) for the consultant Floating of the TOR to the consultants; analysing bids; awarding the Consultant Contract contract (according to the contract budget) and signing the contract Signed Preparing the studies and design; preparing the tender documents for Study / Design the contractors and issuing No Objection Certificates (NOC) Page 5 of 10 25 This phase involves the submission of the tender and in case of absence of a supervision consultant, the tender shall be submitted to the Contractor Appointment & supervision consultant in this phase; analysing the financial and Signing of Contract technical offers; awarding and signing contracts It starts from the date of commencement of the works listed in the contract (taking over of the site, letter of acceptance of the offer, ...) Implementation until completion of the implementation of the contracting works and issuance of the initial taking over certificate It starts from the period after the initial taking over until the end of the Final handing over of the year of guarantee, issuance of the final taking over certificate, issuance project / of the final payment and close out report and release of the Close out performance bond 5. Standardised Approved Types of Capital Projects, their Phases and Weights The projects were classified in three types according to their method of implementation and a weight was specified to each phase as these are considered the key phases in the preparation of the main timetables of the projects. Each entity shall then, according to its competence, list the detailed plans of each phase according to the nature of the project: Types of the Projects Phase and Weight of each Phase (WBS) Design-Bid-Build Study Design and Build 1% 1% 1% Initiation Consultant Contract 1% 5% 1% Signed 10% 90% 3% Study / Design Contractor Appointment & 5% NA 5% Signing of Contract I mplementation 1 82% NA 89% Final handing over of the project / 1% 4% 1% Close out Remarks: Page 6 of 10 26 - The capital project shall be considered completed in case the total percentage of completion reaches 99%. 6. Approved Time Frame of the Project Phases The time periods of each phase of the project were studied according to the best practices followed in the field of project management, in order to ensure that the implementation of such projects are synchronised and coordinated with the government programmes and the strategic plans. These phases were calculated in months for ease of preparation of the timetables: Phase Suggested Time Frame for each Phase (by months) 1 From 0 to 10 From 10 to 20 From 20 to More than (Project Value) million million 120 million 120 million 1 1 1 2 Initiation 4 4 4 4 Consultant Contract Signed 6 8 10 12 Study / Design Contractor Appointment & Signing 4 4 4 4 of Contract 12 12 18 24 Implementation Final handing over of the project / 12 12 12 12 Close out Period required for the completion of the project from the start 27 29 37 46 until initial taking over (by months) Remarks: 1. The time periods suggested above are binding to all entities and in case of need for an additional period, the relevant entity shall clarify the justifications for requesting the additional period, provided that the approval of the competent authority is obtained. 2. The procedures of approval of the project shall not be included within the suggested time frame. Page 7 of 10 27 3. This period is subject to change according to the contractual conditions / requirements of the entities (some entities have a final handing over period of up to 36 months). 7. Measurement Mechanism and Colours for the Projects Timetable Workflow When the governmental entities submit their projects for approval, the governmental entity shall determine the period required for the implementation of each phase - according to the phases table explained above, then the completion period of each phase shall be approved by the competent authority, considered the baseline for these projects. The actual achievement shall be measured in comparison to the planned achievement according to the baseline, as follows: Percentage of completion of the project = actual achievement / planned achievement *100 7.1 Colours of Measurement of the Projects Timetable Workflow Performance Based on the calculation of the percentages of completion according to the equation above, the performance of the timetable will be referred to in colours, for ease of identification of the status of the project, as follows: Colour Definition Exceeding the target (performance exceeded by 110%) According to the plan (performance between 90% and 110%) Less than the target (performance between 80 and 90%) Performance below the required level (performance less than 80%) Ceased/suspended project (Pursuant to a resolution of the competent authority) Not started yet (it is not planned to start this project during the specified period) Page 8 of 10 28 8. Measurement Mechanism and Colours for the Projects’ Financial Performance Due to the importance of knowing the expenditure in the project, the following indicators were developed: 1- Monthly expenditure percentage = actual monthly accumulative expenditure / accumulative planned expenditure for every months (per each fiscal year) *100 Annual to date (Accumulative Actual Paid Vs Planned) 2- Total expenditure percentage: actual monthly accumulative expenditure / approved cost of the project (for the whole period of the project) *100 Overall Cost to date (Accumulative Actual Paid Vs Project total cost) 8.1 Colours of Measurement of the Projects’ Financial Performance Based on the calculation of the percentages of expenditure according to the equation above, the financial performance and efficiency of expenditure will be referred to in colours, for ease of identification of the project’s financial performance, as follows: Colour Definition Expenditure as planned (between 90% and 110%) Expenditure less than planned (between 80% and 90%) Planned expenditure was not observed (less than 80%) Page 9 of 10 29 9. Example of Preparation of Programmes / Timetables according to this Guide This example is considered as a guiding reference for the Design-Bid-Build project, in order to learn how to prepare the programme according to this Guide. This example contains only high-level phases, the project’s works shall be detailed and the tasks details shall be set in the project’s timetable. Actual Planned Task Name Months Weight Progress Progress 39.6 Project18m 100 0 0 months Initiation and Approval 1.0 month 1 0 0 Preparation, review and approval of the TOR 1.7 month 1 0 0 Consultant contract signed 4.0 months 1 0 0 Internal procedures 2.7 months 0.58 0 0 Approval authority 0.0 month 0.11 0 0 Consultant contract prepared and signed 0.8 month 0.31 0 0 Design 6.0 months 10 0 0 Preparations for the project by the consultant 0.2 month 1.2 0 0 Preparation, review and approval of the initial report 1.4 month 1.5 0 0 Preparation and review of the initial designs 1.9 month 2.4 0 0 Preparation and review of the detailed designs 1.3 month 1.7 0 0 Obtaining the designs approved by the relevant 0.3 month 1 0 0 departments and entities Preparation, review and approval of the tender 1.2 month 2.2 0 0 documents Contractor’s appointment and signing of contract 4.0 months 5 0 0 Internal procedures 3.8 months 2.94 0 0 Approval authority 3.0 months 0.53 0 0 Contractor contract prepared and signed 1.3 month 1.53 0 0 12.0 Implementation 82 0 0 months 12.0 Final handing over and close out 1 0 0 months Page 10 of 10 30 Date: 4/06/2018 Circular No. (2) of 2018 Concerning Abu Dhabi Investment Office To all governmental entities in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. In order to strengthen the status of the Emirate of Abu Dhabi as a global economic centre and to encourage local investment and promote the direct foreign investment, we urge you to coordinate with Abu Dhabi Investment Office at the Department of Economic Development through: 1. Preparing a comprehensive annual plan for the local and international promotional activities and events that aim at attracting investments to the Emirate. 2. Determining the investment opportunities and privileges available in targeted sectors and periodically providing Abu Dhabi Investment Office therewith. 3. Providing the necessary information and data regarding the targeted sectors and the investment environment in the Emirate. 4. Guiding those who wish to invest in the Emirate to consult Abu Dhabi Investment Office to benefit from integrated services offered to them and provide the necessary information on the projects. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact Abu Dhabi Investment Office on Tel: 02-4031207 or via email: fdi@ded.abudhabi.ae 31 Date: 4/06/2018 Circular No. (3) of 2018 Concerning Control and Supervision of Food Facilities To all governmental entities and companies in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. As we are always keen to protect people against food hazards and ensure the safety thereof, the following shall be observed: • Food facilities that offer food at your entities shall apply the regulations, controls and procedures required for food safety in accordance with the legislations issued to this effect. • Submit a detailed report to Abu Dhabi Food Control Authority including the numbers, locations and names of the food facilities at your entity. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact Abu Dhabi Food Control Authority on Tel: 028181880 or via email: food.control@adfca.ae 32 Date: 4/06/2018 Circular No. (4) of 2018 Concerning the Registration of the Real Estate Units Owned by the Governmental Entities and Companies To all governmental entities and companies in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. We kindly urge you to register the real estate units owned by the governmental entities and companies in Tawtheeq Registration System (Lease contracts) at the Department of Urban Planning and Municipalities pursuant to the Chairman of the Executive Council Resolution No. (4) of 2011 concerning the Rules and Procedures of Registration of Lease Contracts in the Emirate of Abu Dhabi and its amendments, within a period of maximum (3) months from the date of issuance of this Circular. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact the sector of commercial affairs at the Department of Economic Development on Tel: 024031582/024017879 or via email: ca@ded.abudhabi.ae 33 Date: 4/09/2018 Circular No. (5) of 2018 Concerning the Licensing Conditions of the Economic Activities To all governmental entities and companies in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. Further to the previous Circulars: (25) of 2011, (24) of 2012, and (14) of 2015, we urge you to commit to the following: • To prepare the conditions and requirements for the licensing of economic activities which fall within your competences, facilitate and clarify the same in a simplified manner for the investor, in a manner which contributes to the improvement and development of the business environment, and provide the Department of Economic Development with the approved requirements. • Not to introduce any new conditions, requirements or procedures for the economic activities licencing without obtaining the approval of the Department of Economic Development. • Not to impose or amend any fees or penalties related to the economic activities without obtaining the approval of the Executive Council and coordinating with the Department of Economic Development. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact the real estate registration team at the Lands and Real Estate Sector on Tel: 026957436 or via email: edlre@adm.abudhabi.ae 34 Date: 23/07/2018 Circular No. (6) of 2018 Concerning The Value-Added Tax in Governmental Contracts To all governmental entities in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. Pursuant to the provisions of Decree by Federal Law No. (8) of 2017 concerning the Added Value Tax and its Executive Regulation, the following should be observed: 1. All governmental contracts shall contain an explicit text indicating that the value of the contract or the prices included therein are inclusive of VAT, so that the contracts clearly include the following items: a. The contract value; b. The Value-Added Tax; c. The total value of the contract (i.e. the value of the contract plus the Value-Added Tax); 2. The governmental entities shall, where necessary, amend their contracts concluded before the date of 1 January 2018, to include the VAT related to the goods and services provided after the date of 31st December of 2017 and disburse it against tax invoices. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact Mr. Jassem Mohammed Al Hosani on Tel: 028101656 or via email: DOF_VATportal@dof.abudhabi.ae 35 Date: 31/07/2018 Circular No. (7) of 2018 Concerning Outsourcing Customer Services To all governmental entities and companies in the Emirate of Abu Dhabi Peace and Allah’s mercy and blessings be upon you, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the common interest. In our endeavours to raise the customer service experience to a higher level and in order to realise Abu Dhabi Government’s vision in the provision of integrated government services, we urge you to coordinate with the Smart Solutions and Services Authority before commencing on the procedures of outsourcing customer services to another party in the private or public sector. Kindly send the details of the current agreements and outsourcing contracts to the Smart Solutions and Services Authority within one week from the issuance of the present Circular. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Jassem Bu Ataba Al Zaabi Chairman of the Executive Committee For enquiries, please contact Government Relations Department on Tel: 026961133 or via email: Government.Relations@adsic.abudhabi.ae 36 United Arab Emirates The Emirate Of Abu Dhabi Issued By The General 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