Abu Dhabi Official Gazette - 2023 Edition 9

The Official Gazette 30 September 2023 - The Ninth Edition The Official Gazette The Ninth Edition - The Fifty-Second Year Contents Pages Laws Law No. (13) of 2023 Concerning the Disposition of the Lost and Abandoned Properties in the Emirate of Abu Dhabi. 5 Law No. (14) of 2023 Concerning the Establishment of the Department of Government Enablement. 10 1 Laws 3 swaL Law No. (13) of 2023 Concerning the Disposition of the Lost and Abandoned Properties in the Emirate of Abu Dhabi We, Mohamed 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. (1) of 2017 concerning the Financial System of the Government of Abu Dhabi, and its amendments; • Law No. (1) of 2020 concerning Abu Dhabi Police General Headquarters and its amendments; • Law No. (5) of 2020 concerning vehicle impoundments in the Emirate of Abu Dhabi; • Law No. (10) of 2023 concerning the establishment of the Endowments’ and Minors’ Funds Management Authority; • Federal Law No. (5) of 1985 concerning the Issuance of the Civil Transactions Law, and its amendments; • Federal Law by Decree No. (31) of 2021 concerning the issuance of the Crimes and Penalties Law, 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. : General Abu Dhabi Police General Headquarters. Headquarters : Commander- Commander-in-Chief of Abu Dhabi Police in-Chief 5 : Lost The monies and tangible movables that may be legally Properties: possessed, having a value in themselves or to their owner, and found without the knowledge of their Owner who lost them without deliberate intention, and this does not include stray animals. : Owner of Lost The owner or legal possessor thereof at the time of their Properties loss. : Finder The person who finds the Lost or Abandoned Properties, excluding the public officer who is in charge by virtue of his position to search for the Lost or Abandoned Properties. : Abandoned The monies and tangible movables that may be legally Properties: possessed, having a value in themselves and abandoned by their Owner or whoever has the right to legally possess them with the intention of abandoning them, and this does not include stray animals. Article (2) The provisions of this Law shall apply to Lost and Abandoned Properties in the Emirate. Article (3) • In order to implement the provisions of this Law, the General Headquarters shall assume the following competencies: 1. Receive reports regarding the loss of monies and tangible movables in the Emirate. 2. Receive the Lost and Abandoned Properties, and Preserve them in a suitable place. 3. Create and organise special records for Lost and Abandoned Properties. 4. Publicise the presence of the Lost Properties in its possession by the means it deems appropriate. 5. Estimate the costs of preserving, publicising, and disposing of the Lost Properties. 6. Dispose of the Lost and Abandoned Properties based on an order on a 6 petition issued by the judge of urgent matters. • The General Headquarters may delegate any governmental entity or outsource the private sector to manage and organise the process of preserving and selling the Lost and Abandoned Properties. Article (4) • The Finder shall hand over the Lost or Abandoned Properties to the nearest police station upon finding them, and he is prohibited from disposing of them or possessing them with the intention of ownership. • The police station shall write a report evidencing the receipt of the Lost or Abandoned Properties, including their description, condition, and information about the Finder. Article (5) • The General Headquarters shall keep the Lost Properties for a period of minimum three months from the date of receiving them. Should this period lapse without their Owner being known, it shall have the right to dispose of them pursuant to the provisions of this Law. • Without prejudice to the period specified in the previous paragraph of this Article, the General Headquarters may sell the Lost Properties at any time, in the following instances: 1. There is a fear that they will be damaged, destroyed, or disappear, or cause harm if kept. 2. If the expenses of preserving them exceed their value. 3. If their value is cheap. • The Lost Properties should they be in cash, or their price after selling them, shall devolve to the Endowments’ and Minors’ Funds Management Authority. • Notwithstanding Clause (6) of Article (3) of this Law, if it is not possible to sell the Lost Properties due to their nature or their low price, the General Headquarters may dispose of them according to what it deems appropriate, including donating them. The General Headquarters shall determine the controls for disposing of the Lost Properties or donating them pursuant to the provisions of this Paragraph. 7 • If the period specified in the first Paragraph of this Article lapses without reaching the Owner of the Lost Properties and should they be one of the things that contains images or private data, the General Headquarters shall delete the pictures or data or destroy the Lost Properties, as the case may be. Article (6) • The Owner of the Lost Properties shall have the right to recover them before the General Headquarters disposes of them, or to claim their price if they are sold in accordance with the provisions of Article (5) of this Law. • If the General Headquarters disposes of the Lost Properties without compensation in accordance with the provisions of Article (5) of this Law, their Owner shall have the right to trace them in the hands of others. • If more than one person claims to be the owner of the Lost Properties, they will be delivered or their price will be paid to the person to whom the competent court decides to favour by a final judgment. • A lawsuit to claim the Lost Properties or their price may not be heard after the lapse of (10) years from the date they were found. • The Lost Properties or their price will be delivered to their Owner after the latter pays the expenses of preserving and publicising them as per the discretion of the General Headquarters or the Endowments’ and Minors’ Funds Management Authority, as the case may be, and their estimation to this effect shall be deemed final. Article (7) The General Headquarters may grant a reward to the Finder, consisting of a certificate of appreciation, a financial reward, an in-kind gift, or all of them, in appreciation of his integrity. Article (8) • The General Headquarters shall be responsible for disposing of the following Abandoned Properties: 1. Abandoned Properties that are prohibited from being carried or shipped on airplanes, trains, ships, and other means of public transportation, and left by their Owners at airports, stations, ports, and border crossings. 2. Unclaimed possessions of inmates of penal and correctional institutions and police stations. 8 3. Seized or confiscated funds for which a decision to release or cancel their seizure is issued by the competent authority, with the exception of seized and confiscated funds that are regulated by special legislations. • The Abandoned Properties aforesaid in the previous paragraph of this Article shall be disposed of sixty (60) days following the date of receipt thereof, and without the need to publicise them in accordance with the provisions of this Law. • Notwithstanding the period prescribed in the previous paragraph of this Article, the General Headquarters may sell the Abandoned Properties at any time, in the cases and in accordance with the conditions stipulated in Paragraphs (2) or (4) of Article (5) of this Law, as the case may be. • The price of selling the Abandoned Properties shall devolve to the Endowments’ and Minors’ Funds Management Authority. Article (9) The governmental entities in the Emirate shall commit to cooperate and coordinate with the General Headquarters to implement the provisions of this Law, including the delivery of any Lost or Abandoned Properties that may fall into their possession. Article (10) The Commander in Chief shall issue the resolutions required for the implementation of the provisions of this Law. Article (11) Any provision contrary to the provisions of this Law shall be repealed. Article (12) This Law shall be published in the Official Gazette, and be effective from the date of its publication. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 05 September 2023 Corresponding to: 19 Safar 1445 Hijri 9 Law No. (14) of 2023 Concerning the Establishment of the Department of Government Enablement We, Mohamed 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 the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (7) of 2015 concerning the Establishment of the Human Resources Authority in the Emirate of Abu Dhabi; • 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 the Government of Abu Dhabi, and its amendments; • Law No. (15) of 2018 concerning the establishment of Abu Dhabi School of Government; • Law No. (16) of 2019 concerning the establishment of Abu Dhabi Digital Authority; • Law No. (18) of 2019 concerning Abu Dhabi Executive Office, and its amendments; • Law No. (4) of 2020 concerning the establishment of the Department of Government Support; • Law No. (5) of 2021 concerning the organisation of the Statistics Centre - Abu Dhabi; 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: 10 : Emirate Emirate of Abu Dhabi : Government Government of Abu Dhabi : Executive Executive Council of the Emirate Council : Department Department of Government Enablement : Government All areas related to human resources affairs, Emiratisation, Enablement administrative development, governmental procurement Sector and auctions, digital affairs, customer experience, shared services, and any other field specified by the Executive Council. : Affiliated Entities, operating in the Government Enablement Sector, Entities which are affiliated to the Department and are subject to its control and supervision. : Governmental the departments, public authorities and institutions, Entities agencies, centres, councils, funds and any other entity affiliated to the Government. : Digital Affairs Everything related to smart and digital transformation in the Governmental Entities, including the protection and management of Governmental Data, electronic security, cybersecurity, information security, information technology, business intelligence, artificial intelligence, cloud systems, and the associated infrastructure, networks, call centres, data, information systems management, and systems related to connectivity between digital platforms. : Information An information programme or a group of information Systems programmes designed to create, process, manage, store or exchange of information capable of executing instructions or commands by means of information technology, including applications or the like. : Governmental An organised or unorganised group of data, facts, Data concepts, instructions, or information that are collected, produced, or maintained by Governmental Entities, whatever their form or format. 11 Shared Services that support the functions of Governmental Services Entities, including human resources, financial affairs, procurement, auctions, services related to digital affairs, and services provided through shared and unified systems. Article (2) A Department called “Department of Government Enablement” shall be established under the provisions of this Law. • The Department shall replace the Department of Government Support, the Human Resources Authority of the Emirate of Abu Dhabi, Abu Dhabi School of Government andAbu Dhabi Digital Authority. All their assets, rights, and obligations shall be transferred to it, and the Department shall be its legal successor, and shall exercise all the competencies assigned to those bodies in the applicable legislations. • Employees of the entities referred to in the preceding paragraph shall be transferred to the Department without prejudice to their financial and retirement allocations in accordance with the legislations in force. Article (3) • The Statistics Centre - Abu Dhabi shall be one of the Affiliated Entities, in addition to any other entity specified by the Executive Council. • The Executive Council may transfer the affiliation of the Affiliated Entities to any other entity. Article (4) The Department shall aim to develop the Government Enablement Sector, develop human capabilities, work to establish a culture of innovation, cooperation and flexibility, and increase efficiency and effectiveness in performing governmental work. 12 Article (5) The Department shall, in order to achieve its objectives, assume the following competencies: 1. Suggest the general policies and strategic plans of the Government Enablement Sector in the Emirate, have them approved by the Executive Council and supervise their implementation. 2. Regulate the Government Enablement Sector in all aspects by setting the policies, standards, regulations, resolutions and circulars that regulate the Sector. 3. Follow up on and measure the institutional performance of governmental Entities within the areas of the Government Enablement Sector, to ensure the extent of their compliance with the legislations in force in this regard. 4. Develop, unify, operate and manage information technology platforms and electronic systems related to the areas of the Government Enablement Sector, in coordination with the relevant entities. 5. Lay down a unified operational model for the areas of the Government Enablement Sector in Governmental Entities. 6. Conduct and support specialised research and studies on the affairs of the Government Enablement Sector in coordination with the relevant entities. 7. Strengthen the partnership with the private sector with the aim of modernising the Government Enablement Sector and increasing efficiency and effectiveness, in coordination with the relevant entities. 8. Represent the Emirate in conferences and forums related to the Government Enablement Sector. 9. Oversee and observe all the Affiliated Entities, such as in terms of their budget spending, the revenues achieved, their commitment to duties and competencies and approval of their strategic and executive plans. 10. Propose the fees, tariffs and prices related to its competencies and submit them for approval in accordance with the legislations in force. 13 11. Submit periodic reports and analytical studies to Abu Dhabi Executive Office concerning the Department’s competencies. Article (6) The Department shall assume, in the field of human resources affairs, the following competencies: 1. Lay down the rules and standards for strategic planning for human resources and follow up on their application in Governmental Entities. 2. Support and develop human resources affairs in Governmental Entities. 3. Manage job opportunities in Governmental Entities and identify, manage, develop and hire talents through the central information systems for managing human resources data, in coordination with the relevant entities and in accordance with the legislations in force. 4. Lay down a performance management and evaluation system for employees of the Governmental Entities. 5. Lay down the rules and standards for the competences and skills that shall be enjoyed by employees of the Governmental Entities at all job levels, and measure the evaluation of those skills, competences and abilities of employees in accordance with job requirements whenever the need arises. 6. Develop, present and approve training, qualification and career development programmes for employees of Governmental Entities, and supervise their implementation. 7. Coordinate with Governmental Entities with respect to national employees nominated for scholarships, evaluate the academic performance of scholarship students, and study requests related to their academic affairs, in accordance with the legislations in force. Article (7) The Department shall assume, in the field of Emiratisation affairs, the following competencies: 1. Lay down strategies, plans, policies and programmes for Emiratisation in Governmental Entities and related indicators, and support their implementation and supervision, in coordination with the relevant entities. 14 2. Establish central information systems to manage workforce data, and organise the collection and analysis of labour market data to serve the purpose of directing employment programmes and manage appropriate Emiratisation opportunities in Governmental Entities. 3. Establish an integrated system to manage the journey of job seekers, including their registration, evaluation, development of skills and competences, and forge partnerships with educational institutions to ensure that education outcomes are directed to meet future needs in the government. 4. Lay down and approve job replacement plans in Governmental Entities, and supervise their implementation. Article (8) The Department shall assume, in the field of government procurement and auctions affairs, the following competencies: 1. Lay down regulations governing government procurement and auctions, submit them to the Executive Council for approval, and supervise their implementation. 2. Establish and develop central information systems to manage governmental procurement and auctions, and build an integrated system that contributes to achieving the requirements of sustainable development, protect the environment, and support local content. Article (9) The Department shall assume, in the field of digital affairs, the following competencies: 1. Develop, organise, unify, manage and maintain information systems and digital affairs shared by Governmental Entities. 2. Provide the necessary solutions to ensure the protection, integrity and security of Governmental Data, Information Systems and digital assets of Governmental Entities. 3. Approve requests for electronic connectivity between Governmental Entities, as well as between them and other entities, in accordance with the legislations in force. 15 4. Manage and coordinate the sharing and exchange of Governmental Data, and ensure standardisation in this field to enhance the collective benefit for Governmental Entities. 5. Review and study initiatives, projects and programmes related to digital affairs at Governmental Entities. Article (10) In the field of customer experience affairs with regard to governmental services - regardless of the entity providing them - whether it is a Governmental Entity, company, or outsourced to the private sector, the Department shall assume the following competencies: 1. Lay down a unified strategy for customer experience in the Emirate and prepare the necessary programmes to support its implementation, incentivisation and supervision. 2. Develop and update innovative plans, programmes and initiatives as well as the standards of excellence of governmental services, in coordination with the concerned entities, and supervise their implementation. 3. Create a database to specify, classify, and manage governmental services. 4. Develop a system for designing governmental services and customer experiences and supervise its implementation. 5. Establish mechanisms to collect and analyse customer data, needs, challenges and expectations in order to measure and follow up on the performance of customer experience and those responsible for providing services and supervising the development and follow-up on of plans to improve customer experience. Article (11) With regard to the Abu Dhabi Unified Government Services Platform, the Department shall assume the following competencies: 1. Develop and unify systems and channels for providing governmental services to customers, and manage and maintain them in coordination with the relevant entities. 2. Lay down, implement and manage digital transformation programmes, projects and initiatives for governmental services in coordination with the relevant entities. 16 Article (12) The Department shall be responsible for designing, operating and managing the Shared Services system for all Governmental Entities, developing an implementation plan and applying it according to the readiness of the necessary infrastructure. Article (13) • The Department may delegate some of its competencies to any other Governmental Entity or outsource some of them to the private sector after obtaining the approval of the Executive Council. • The Executive Council may amend the competencies of the Department as set forth in this Law or any other legislation by deletion, addition or transfer. Article (14) The Executive Council shall have the right to exclude any Governmental Entity from being subject to all or some of the legislations of the Government Enablement Sector. Article (15) All entities and public and private companies shall provide the Department with the documents and information required by it to assume or execute its competencies. Article (16) The Affiliated Entities shall submit all their requests to the Department for approval before presenting them to the Executive Council. Article (17) By a resolution of the Chairman of the Department, the Department may be in charge of organising or providing all operational functions related to support services, including human and financial resources affairs, procurement, auctions, electronic systems and other functions and services related to the corporate affairs of the Affiliated Entities. 17 Article (18) The Chairman of the Judicial Department- Abu Dhabi shall issue, in agreement with the Chairman of the Department, a resolution specifying the employees of the Department who are granted law enforcement authority for crimes that fall within their scope of competence and who have the right to inspect and monitor entities, companies, persons and institutions operating in the Government Enablement Sector, in order to verify the implementation of the provisions of this Law and the regulations, resolutions and circulars implementing it. Article (19) • Without prejudice to any more severe penalty stipulated in another law, whoever violates the provisions of this Law, its regulatory and executive regulations and the rules, policies, resolutions and circulars issued in implementation thereof shall be punished by an administrative fine not exceeding AED (10,000,000) ten million. • The Department shall collect the administrative fines and the Chairman of Department shall, after obtaining the approval of the Executive Council, issue a table specifying the violations and administrative fines prescribed for each, without exceeding the fine limit set forth in this Article. • The Chairman of the Department or his authorised representative may offer reconciliation to the violator, provided that this is recorded in the minutes of the proceedings. The violator who accepts reconciliation shall pay a fine equivalent to (75%) of the total administrative fine specified for the violation, within a period not exceeding sixty days from the date of offering reconciliation to him. • In all events, if the violator does not correct the effects of the violation in a timely manner, the Department shall correct them at the violator's expense. • The regulatory and executive regulations of this Law shall specify the reconciliation procedures stated above including their time limits. Article (20) • The Department may impose any of the following administrative sanctions: 1. Notice. 18 2. Warning. 3. Placing the entity under financial, administrative and technical supervision. 4. Temporary suspension of activity. 5. Cancellation or suspension of licence. 6. Permanent or temporary closure of the entity. • Grievances may be filed against the administrative penalties before the Department within sixty days from the date they are notified to the grievant. Failure to decide upon the grievance within 90 days from the date of its filing shall be regarded as rejection of the grievance. • The regulatory and executive regulations of this Law shall specify the procedures and rules of imposition of the above-mentioned administrative sanctions. Article (21) • The Department shall be subject to the financial laws and regulations in force in the Emirate. • The Department's employees shall be subject to the human resources laws and regulations in force in the Emirate. • The nationals among them shall be subject to the Law of Civil Retirement Pensions and Benefits in the Emirate. Article (22) • The Chairman of Department shall, upon the approval of the Executive Council, issue the regulatory and executive regulations of this Law. • The Chairman of the Department shall issue the policies, regulations, resolutions and circulars necessary for the implementation of the provisions of this Law. Article (23) • The regulations, systems, policies, resolutions and circulars applicable in the areas of the Government Enablement Sector shall remain applicable in a manner that does not conflict with the provisions of this law until the regulations, systems, policies, resolutions and circulars implementing its provisions are issued whenever the need arises. • The exceptions prescribed before the enforcement of the provisions of 19 this Law for some Governmental Entities regarding exemption from being subject to any of the legislations related to the Government Enablement Sector shall remain applicable, unless the Executive Council decides otherwise. Article (24) • Laws Nos. (7) of 2015, (15) of 2018, (16) of 2019, and (4) of 2020 referred to shall be repealed. • Any text or provision contrary to the provisions of this Law, occurring in the aforesaid Law No. (5) of 2021, shall be repealed. • Any text or provision contrary to the provisions of this Law shall be repealed. Article (25) This Law shall be effective from the date of its issuance and shall be published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 19 September 2023 Corresponding to: 4 Rabi’ Al-Awwal 1445 Hijri 20 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