Abu Dhabi Official Gazette - 2023 Edition 3

The Official Gazette 31 March -2023 The Third Edition The Official Gazette The Third Edition - The Fifty-Second Year Contents Pages Laws Law No. (5) of 2023 Concerning the Regulation of the Trade of Petroleum Products in the Emirate of Abu Dhabi. 5 Law No. (6) of 2023 Concerning The Reorganisation of Abu Dhabi Future Energy Company "Public Joint Stock Company". 7 Law No. (7) of 2023 Concerning the Amendment of Some Provisions of Law No. (18) of 2019 concerning Abu Dhabi Executive Office. 13 Decrees Amiri Decree No. (5) of 2023 Concerning the Reformation of the Board of Directors of Abu Dhabi Fund for Development. 17 Amiri Decree No. (6) of 2023 Concerning the Secretary-General of the Executive Council. 19 Amiri Decree No. (11) of 2023 Concerning the Reformation of the Executive Council in the Emirate of Abu Dhabi. 20 Executive Council Resolutions Executive Council Resolution No. (27) of 2023 Concerning the Appointment of the Director-General for Operational Affairs at Abu Dhabi Executive Office. 25 Executive Council Resolution No. (28) of 2023 Concerning the Appointment of the Director-General for Executive Affairs at Abu Dhabi Executive Office. 26 Executive Council Resolution No. (29) of 2023 Concerning the Appointment of the Director-General for Strategic Affairs at Abu Dhabi Executive Office. 27 Executive Council Resolution No. (31) of 2023 Concerning the Reformation of the Board of Trustees of Khalifa University of Science and Technology. 28 Executive Council Resolution No. (34) of 2023 Concerning the reformation of the Board of Directors of Khalifa Fund for Enterprise Development. 29 1 Laws 3 swaL Law No. (5) of 2023 Concerning the Regulation of the Trade of Petroleum Products 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 1974 concerning the reorganisation of the Governmental Body in the Emirate of Abu Dhabi, and its amendments; • Law No. (11) of 2018 concerning the establishment of the Department of Energy; • Law No. (24) of 2020 concerning the Supreme Council for Financial and Economic Affairs; • Federal Law No. (14) of 2017 concerning the trade of petroleum products; • Chairman of Executive Council Resolution No. (26) of 2018 concerning additional competencies for the Department of Energy; and • Based on what was proposed to and approved by the Executive Council, Issued the following Law: Article (1) • The Department of Energy shall be the competent local authority in the Emirate of Abu Dhabi concerning the exercise of all the competencies, powers and duties entrusted to the competent authority stipulated in aforesaid Federal Law No. (14) of 2017. • The Department of Energy shall abide by all general strategies and policies issued by the Supreme Council for Financial and Economic Affairs, according to aforesaid Law No. (24) of 2020, in regards to the regulation of the trade of petroleum products. • 5 Article 2 The Department of Energy may, upon assuming the competencies and powers mentioned in Paragraph 1 of the previous article of this Law, seek the assistance of any government entity or the private sector. Article 3 The provisions of this Law shall not prejudice any licences, permits, approvals, and exclusions issued by the federal or local entities to any persons, entities or companies working in the field of trading in petroleum products in the Emirate. Article 4 The applicable policies, regulations, resolutions, and circulars shall remain in force to the extent that they are not contrary to this Law, until the issuance of the policies, regulations, rules, resolutions and circulars required for the implementation of its provisions. Article 5 Any provision that is contrary to the provisions of this Law shall be repealed. Article 6 This Law shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 10 March 2023 Corresponding to: 18 Shaaban 1444 Hijri 6 Law No. (6) of 2023 Concerning The Reorganisation of Abu Dhabi Future Energy Company "Public Joint Stock Company" 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 1998 concerning the regulation of the water and electricity sector in the Emirate of Abu Dhabi, and its amendments; • Law No. (22) of 2007 concerning the establishment of Abu Dhabi Future Energy Company (Private Joint Stock Company) and the establishment of Masdar Institute of Science and Technology, and its amendments; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government, and its amendments; • Law No. (2) of 2017 concerning the establishment of Mubadala Investment Company, “Public Joint Stock Company”; • Law No. (11) of 2018 concerning the establishment of the Department of Energy; • Law No. (24) of 2020 concerning the Supreme Council for Financial and Economic Affairs; • Federal Law by Decree No. (32) of 2021 concerning Commercial Companies; • Federal Law by Decree No. (33) of 2021 concerning the regulation of Labour Relations, and its amendments; • Federal Decree No. (61) of 1995 concerning the United Nations Framework Convention on Climate Change; • Federal Decree No. (75) of 2004 concerning the Kyoto Protocol annexed to the United Nations Framework Convention on Climate Change; and • Based on what was proposed to and approved by the Executive Council, Issued the following Law: 7 Article (1) Definitions 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: : State The United Arab Emirates. : Emirate The Emirate of Abu Dhabi. : Company Abu Dhabi Future Energy Company “Public Joint Stock Company” : Subsidiary Any company where more than %50 of shares or stocks are owned directly or indirectly by the Company. : Clean Reduction of gas emissions regardless of their source, Development according to the concept that is recognised in the relevant international agreements applicable in the State. : Board of The Board of Directors of the Company. Directors : Shareholder The owner of any of the Company's shares. : Mubadala The Mubadala Investment Company (Public Joint Stock Company) that is established by virtue of the provisions of the aforesaid Law no. (2) of 2017. : Special The approval resolution issued by the Shareholders owning at Resolution least three-quarters of the Company’s shares. Article (2) Legal Form of the Company • Abu Dhabi Future Energy Company that was established by virtue of the aforesaid Law No. (22) of 2007 shall be a Public Joint Stock Company. It shall remain an independent legal entity, and shall have an administrative and financial independence as well as a full legal capacity to carry out its activities and achieve its objectives. The Company shall continue with all its rights and obligations in a manner that does not violate the provisions of this law. • The Company may use the name “Masdar” or any other abbreviation determined by the Board of Directors. 8 Article (3) Main Office of the Company The Main Office of the Company shall be located in Abu Dhabi City. The Board of Directors may establish branches, offices or agencies in the State or abroad. Article 4 Capital of the Company • The capital of the Company shall be (AED 8.000.000.000) Eight Billion Dirhams divided into (8.000.000.000) Eight Billion shares. The nominal value of the share shall be one Dirham. • The capital of the Company may be decreased, increased or restructured, according to the provisions of the Articles of Association thereof. • All the shares of the Company shall be nominal and wholly owned by Mubadala. • -Some or all shares of the Company may be sold or disposed off to any other entity or Shareholder, offered for subscription, listed in any securities’ market, or consolidated, as specified in the Articles of Association of the Company. • The liability of the Shareholder shall be limited to the extent of its contribution in the capital of the Company. Article 5 Articles of Association The Articles of Association of the Company shall be issued by a Special Resolution. Article 6 Objectives of the Company • The objectives of the Company shall be related to the fields of clean, renewable, alternative and sustainable energy, as well as the production, storage, transportation and distribution of hydrogen and its derivatives, as well as water, electricity and carbon dioxide, in addition to the Clean Development, and any other objectives specified in the Articles of Association of the Company. • The Company - in order to achieve its objectives - shall undertake the 9 following functions and activities in the State and abroad, whether solely or through any Subsidiary or in partnership with companies or entities or through intermediaries or agents appointed thereby: 1. Establish, invest, partner up and contribute in, investment companies and funds of all kinds, as well as the commercial and industrial projects relevant to its objectives, and attract the necessary funding thereto, and own, manage, operate and develop them. 2. Provide the services related to the reduction of the emissions of carbon dioxide and other greenhouse gases, taking into consideration the Clean Development Mechanisms. 3. Conduct all research and development activities, own and register patents, and take the necessary procedures such as the intellectual property rights, in coordination with the relevant entities. 4. Provide all types of consultancies in the fields related to the objectives of the Company. 5. Carry out all the activities and works specified in the Articles of Association or those that the Board of Directors deem related to the Company’s objectives, or that may enhance its value or increase its profits. Article 7 Board of Directors • The Company shall be managed by a Board of Directors that shall be formed , specify its term of membership, its competencies, procedures for holding its sessions and the voting mechanism thereof pursuant to the Articles of Association of the Company. • The Board of Directors may form committees consisting of its members and third parties, and specify the powers and competencies of such committees. • The Board of Directors may delegate any of its powers to any member or committee or any senior employee of the Company, as deemed adequate, and specify the principles and controls for assuming such powers. 10 Article 8 Term of the Company The term of the Company shall be 100 years from the date of its registration in the Commercial Register. Such term shall be automatically renewed for one or more similar periods unless a Special Resolution is issued on the dissolution of the Company. Article 9 Auditor The Company shall appoint one or more certified auditors. The Articles of association of the Company shall specify the mechanism of their appointment as well as their remuneration. Article 10 Fiscal Year The fiscal year of the Company shall start from the first of January and shall end on the last day of December of every year. Article 11 General Provisions • The licences, permits, exclusions and approvals issued by federal and local entities in the State to the Company or any Subsidiary thereof shall remain applicable according to the rules and controls mentioned therein. • Any of the subsidiaries of Mubadala, as specified by a resolution issued thereby, shall replace the Company in all rights, obligations and assets related to the free zones managed by the Company and existing before the enforcement of the provisions of this Law. Such subsidiary may, in coordination with Mubadala, lay down the rules and controls deemed necessary for the operation and management of such free zones, and register and license the entities, institutions and companies therein. All the real estates owned by or allocated to the Company, in terms of the service, operation or management of said zones, shall be transferred to 11 such subsidiary that shall have the right to dispose of such real estates after obtaining the approval of Mubadala. Article 12 • The Company shall lay down the regulations, resolutions and policies related to the affairs of administration, finance, human resources and procurement, as specified in the Articles of Association. • The regulations and resolutions applicable at the Company shall remain in force, to the extent they are not contrary to the provisions of this Law, until the issuance of the regulations, by laws, resolutions and policies of the Company. Article 13 Repeal • The aforesaid Law No. (22) of 2007 shall be repealed. • Any provision that is contrary to the provisions of this Law shall be repealed. Article 14 Enforcement and Publication This Law shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 10 March 2023 Corresponding to: 18 Shaaban 1444 Hijri 12 Law No. (7) of 2023 Concerning the Amendment of Some Provisions of Law No. (18) of 2019 concerning Abu Dhabi Executive Office 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. (18) of 2019 concerning Abu Dhabi Executive Office, and its amendments; and • Based on what was proposed to and approved by the Executive Council, Issued the following Law: Article (1) Article (6) of the aforesaid Law No. (18) of 2019 shall be replaced as follows: Article (6): • The General Secretariat shall support the Executive Council and its committees in the preparation and management of the meetings, as well as the arrangement of the sessions and the preparation of the agendas, the control of the minutes of the meetings and keeping all documents. • The General Secretariat shall have a General Secretary reporting to the Chairman who shall particularly assume the competencies here-below: 1. Attend the sessions of the Executive Council and its committees, according to the mechanism approved by the Executive Council. 2. Ensure that all subject are well analysed before submitting them to the Executive Council and its committees. 3. Supervise the preparation of the agenda of the Executive Council and its committees. 4. Supervise the preparation of the minutes of the meetings of the Executive Council and its committees, and ensure that such minutes are approved in preparation for the issuance of the necessary resolutions. 13 5. Control the performance of the organizational units while assuming their administrative competencies, except for the organisational units reporting to the Chairman. 6. Propose the general policy of the Office. 7. Propose the financial and administrative regulations including the human resources regulation. 8. Propose the draft annual budget of the Office. 9. Propose the organisational structure of the Office. 10. Any other competencies entrusted by the Executive Council or the Chairman. • The Office shall provide the necessary assistance in order for the General Secretariat to assume its competencies in terms of all supportive services, including the human resources affairs, finance, procurement and electronic systems, as well as other works and services related to corporate affairs. Article (2) Any provision that is contrary to the provisions of this Law shall be repealed. Article 3 This Law shall be effective from the date of its issuance, and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 14 March 2023 Corresponding to: 22 Shaaban 1444 Hijri 14 Decrees 15 seerceD Amiri Decree No. (5) of 2023 Concerning the Reformation of the Board of Directors of Abu Dhabi Fund for Development 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; • Chairman of Executive Council Resolution No. (25) of 2019 • concerning the Reformation of the Board of Directors of Abu Dhabi Fund for Development; and • Based on what was proposed to and approved by the Executive Council, Issued the following Decree: Article (1) The Board of Directors of Abu Dhabi Fund for Development shall be reformed as follows: 1. His Highness Sheikh Mansour bin Zayed Al Nahyan as Chairman 2. His Highness Sheikh/ Abdullah bin Zayed Al Nahyan as Vice-Chairman 3. His Excellency Sheikh Shakhbout Bin Nahyan Bin Mubarak Al Nahyan as member 4. Her Excellency / Reem Bint Ebrahim Al Hashimy as member 5. His Excellency / Ahmed Ali Mohamed Al-Sayegh as member 6. Her Excellency Mariam Hareb Al Muhairi as member 7. His Excellency Faris Mohamed Al Mazrouei as member 8. Her Excellency / Meera Sultan Nasser Mohamed Al Suwaidi as member 9. The Director of the Public Debt Office - Department of Finance as member 17 Article (2) The term of the Board's membership shall be three renewable years. Article (3) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 10 March 2023 Corresponding to: 18 Shaaban 1444 Hijri 18 Amiri Decree No. (6) of 2023 Concerning the Secretary-General of the Executive Council 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. (18) of 2019 concerning Abu Dhabi Executive Office, and its amendments; • Chairman of the Executive Council Resolution No. (30) of 2021 on the appointment of the Secretary-General of the Executive Council; and • Based on what was proposed to and approved by the Executive Council, Issued the following Decree: Article (1) His Excellency Saif Saeed Ghobash, Secretary-General of the Executive Council, shall hold the rank of chairman of department, and shall be granted the allowances and benefits prescribed for this rank. Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi Date: 14 March 2023 Corresponding to: 22 Shaaban 1444 Hijri 19 Amiri Decree No. (11) of 2023 Concerning the Reformation of the Executive Council 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; • Amiri Decree No. (1) of 2019 concerning the reformation of the Executive Council of the Emirate of Abu Dhabi, and its amendments; • Amiri Decree No. (10 ) of 2023 concerning the appointment of the Crown Prince of Abu Dhabi; and • Based on what was proposed by the Chairman of the Executive Council, Issued the following Decree: Article (1) The Executive Council of the Emirate of Abu Dhabi shall be reformed under the chairmanship of His Highness Sheikh / Khalid bin Mohamed bin Zayed Al Nahyan, Crown Prince, and with the membership of each of their Excellencies, as follows: 1. His Excellency Dr. / Ahmed Chairman of Abu Dhabi Executive Mubarak Al-Mazrouei Office / Strategic Affairs Council 2. His Excellency Khaldoon Khalifa Al- Chairman of the Executive Affairs Mubarak Authority / Strategic Affairs Council 3. His Excellency Jassem Mohamed Chairman of Finance Department Buatabh Al Zaabi / Strategic Affairs Council 4. His Excellency Dr./ Mugheer Chairman of Community Khamis Al Khaili Development Department 5. His Excellency Eng./ Awaida Chairman of Energy Department Murshid Al-Murr 20 6. His Excellency / Mohamed Khalifa Chairman of Department of Al-Mubarak Culture and Tourism 7. His Excellency Major General / Commander-in-Chief of Abu Faris Khalaf Al Mazrouei Dhabi Police 8. Her Excellency/ Sarah Awad Issa Chairperson of Department of Musallam Education and Knowledge 9. His Excellency / Mohamed Ali Chairman of Department of Mohamed Al Shorafa Al Hammadi Municipalities and Transport 10. His Excellency / Ahmed Jasim Chairman of Department of Yousef Nasser Al Zaabi Economic Development 11. His Excellency/ Mansoor Ibrahim Chairman of Department of Ahmed Saeed Almansoori Health 12. His Excellency / “Ahmed Tamim” Chairman of Department of Hisham Ibrahim Abdul Hamid Al- Government Support Kitab Article (2) This Decree shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 29 March 2023 Corresponding to: 7 Ramadan 1444 Hijri 21 Executive Council Resolutions 23 snoituloseR licnuoC evitucexE Executive Council Resolution No. (27) of 2023 Concerning the Appointment of the Director-General for Operational Affairs at Abu Dhabi Executive Office The Executive Council has decided the following: Her Excellency Mona Ali Salem Al Dhaheri shall be appointed as Director- General for Operational Affairs at Abu Dhabi Executive Office. Saif Saeed Ghobash Secretary-General Issued on: 17 March 2023 Corresponding to: 25 Shaban 1444 Hijri 25 Executive Council Resolution No. (28) of 2023 Concerning the Appointment of the Director-General for Executive Affairs at Abu Dhabi Executive Office The Executive Council has decided the following: His Excellency / Ahmed Mahmoud Mohamed Fikry shall be appointed as Director-General for Executive Affairs at Abu Dhabi Executive Office. Saif Saeed Ghobash Secretary-General Issued on: 17 March 2023 Corresponding to: 25 Shaban 1444 Hijri 26 Executive Council Resolution No. (29) of 2023 Concerning the Appointment of the Director-General for Strategic Affairs at Abu Dhabi Executive Office The Executive Council has decided the following: His Excellency / Mohamed Taj Aldeen Ahmed Al Qadhi shall be appointed as Director-General for Strategic Affairs at Abu Dhabi Executive Office. Saif Saeed Ghobash Secretary-General Issued on: 17 March 2023 Corresponding to: 25 Shaban 1444 Hijri 27 Executive Council Resolution No. (31) of 2023 Concerning the Reformation of the Board of Trustees of Khalifa University of Science and Technology Having reviewed Chairman of the Executive Council Resolution No. (8) of 2020 concerning the reformation of the Board of Trustees of Khalifa University of Science and Technology, The Executive Council has decided the following: • The Board of Trustees of Khalifa University of Science and Technology shall be reformed under the chairmanship of His Highness Sheikh / Hamed bin Zayed Al Nahyan, and the membership of each of their Excellencies: 1. Homaid Abdulla Al Shemmari - Deputy Group CEO and Chief Corporate & Human Capital Officer in Mubadala Investment Group, as Vice- Chairman. 2. Chairman of the Department of Government Support 3. Director-General of UAE Space Agency 4. Chairman of the Board of Directors of Edge Holding Company. 5. Head of Department of Commercial Affairs and In-Country Value at Abu Dhabi National Oil Company ADNOC 6. Chief Operating Officer at Abu Dhabi Developmental Holding Company 7. CEO of Emirates Telecommunications Group 8. Dr. Horst Simon 9. John Nicholson 10. Jeff Simmons • The term of the Board's membership shall be three renewable years. Saif Saeed Ghobash Secretary-General Issued on: 20 March 2023 Corresponding to: 28 Shaban 1444 Hijri 28 Executive Council Resolution No. (34) of 2023 Concerning the reformation of the Board of Directors of Khalifa Fund for Enterprise Development Having reviewed Chairman of the Executive Council Resolution No. (5) of 2019 concerning the reformation of the Board of Directors of Khalifa Fund for Enterprise Development; and Executive Council Resolution No. (55) of 2020 concerning the appointment of the Chairman of the Board of Directors of Khalifa Fund for Enterprise Development, The Executive Council has decided the following: 1. The Board of Directors of Khalifa Fund for Enterprise Development shall be reformed under the chairmanship of His Excellency / Ahmed Jasim Yousef Al Zaabi, and with the membership of each of their Excellencies: • Rashid Abdul Karim Al Balooshi • Mohamed Najm Mohamed Al Qubaisi • Salem Rashid Al Nuaimi • Mahmoud Al-Hay Hamad Al-Hameli • Elham Abdulghafour Al Qasim 2. The term of the Board's membership shall be three renewable years. Saif Saeed Ghobash Secretary-General Issued on: 23 March 2023 Corresponding to: 01 Ramadan 1444 Hijri 29 United Arab Emirates The Emirate Of Abu Dhabi Issued By The Gereral Secretariat of The Executive Council of The Emirate Of Abu Dhabi Office of Legal Affairs Abu Dhabi - P.O. Box: 19 Tel: +971 26688446 Fax: +971 26669981