Abu Dhabi Official Gazette - 2021 Edition 8
This Gazette segment includes laws establishing and reorganising authorities, plus rules on statistical duties, confidentiality, enforcement powers, penalties, and repeal of prior provisions.
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This Gazette segment includes laws establishing and reorganising authorities, plus rules on statistical duties, confidentiality, enforcement powers, penalties, and repeal of prior provisions. This provision sets up the Creative Media Authority, defines key terms, and gives it powers to regulate media production, interactive media, and related activities in Abu Dhabi, with some exceptions.
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Abu Dhabi Official Gazette - 2021 Edition 8 — segment 1
AI-assisted research summary: This Gazette segment includes laws establishing and reorganising authorities, plus rules on statistical duties, confidentiality, enforcement powers, penalties, and repeal of prior provisions.
The Official Gazette 31 August 2021 - The Eighth Edition The Official Gazette The Eighth Edition - The Fiftieth Year Contents Pages Laws Law No. (4) of 2021 Concerning the Establishment of the Family Care Authority. 5 Law No. (5) of 2021 Concerning the Reorganisation of Statistics Centre - Abu Dhabi. 12 Law No. (6) of 2021 Concerning the Organisation of Law Enforcement Capacity in the Emirate of Abu Dhabi. 26 Law No. (7) of 2021 Concerning the Establishment of The Creative Media Authority. 32 Law No. (8) of 2021 Concerning Emirates Nuclear Energy Company “Public Joint Stock Company” 41 Crown Prince Chairman of the Executive Council Resolutions Chairman of the Executive Council Resolution No. (25) of 2021 Concerning the Formation of the Board of Directors of Abu Dhabi Chamber of Commerce and Industry. 51 Chairman of the Executive Council Resolution No. (26) of 2021 Concerning the Chairman and Member of the Board of Directors of Etihad Airways Group. 53 Executive Council Resolutions Executive Council Resolution No. (149) of 2021 Concerning the Electric Car Charging Tariff. 57 Circulars Circular No. (7) of 2021 Concerning the Governmental Facilities Management Contracts Executed by Abu Dhabi General Services Company - Musanada. 61 1 Laws 3 swaL Law No. (4) of 2021 Concerning the Establishment of the Family Care Authority We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Advisory Council and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (19) of 2009 concerning the Establishment of the Social Care & Minors Affairs Foundation; • Law No. (8) of 2014 concerning Dar Zayed for Family Care; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (12) of 2018 concerning the Establishment of the Department of Community Development; • Law No. (1) of 2020 concerning Abu Dhabi Police General Headquarters, and its amendments; • Chairman of the Executive Council Resolution No. (59) of 2018 concerning the Additional Competencies of the Department of Community Development; 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: 5 Emirate : The Emirate of Abu Dhabi. Government : Abu Dhabi Government. Executive Council : The Executive Council of the Emirate. Department : The Department of Community Development. Authority : The Family Care Authority. Director-General : The Director-General of the Authority. Family Care : Social services provided to the family or any of its members in general, and to women, children, minors, orphans, the needy, people of determination, youth, the elderly, children, children of unknown parentage and those without family care in particular, according to their categories, to protect and care for them and secure their rights stipulated in the legislations in force. Beneficiary : The person entitled to the services provided by the Authority in accordance with the conditions and standards approved by it, whether it is a family or a member of the community. Article (2) • An authority under the name of “Family Care Authority” shall be established under the provisions of this Law, it shall have an independent legal personality, shall enjoy full legal capacity to act, and shall be affiliated to the Department. • The Executive Council may change the affiliation of the Authority to any other entity specified thereby. • The Authority shall replace Dar Zayed for Family Care and all the assets, rights and obligations of the Dar shall be transferred to the Authority. The lattershall be considered as the legal successor thereto. • The assets, rights and obligations related to family care, which are determined by the Department, in coordination with Abu Dhabi Police General Headquarters and the Social Care & Minors Affairs Foundation, 6 shall be transferred to the Authority. • The employees and users of Dar Zayed for Family Care and the social support centres of Abu Dhabi Police General Headquarters and the Social Care & Minors Affairs Foundation, who are identified by the Department, in coordination with these entities, shall be transferred to the Authority, without prejudice to their financial and pension allocations and in accordance with the legislations in force. Article (3) The Authority’s main office shall be located in Abu Dhabi City and it may, upon a resolution issued by the Chairman of the Department, establish branches or offices inside or outside the Emirate, after the approval of the Executive Council. Article (4) The Authority shall assume the following competencies: 1. Suggest the Authority’s public policies and strategic plans and submit them to the Department in order to be approved by the Executive Council. 2. Lay down the Authority’s operational plans and policies, including family care plans and services provided to Beneficiaries, and link its outputs to the improvement of the family’s quality of life. 3. Provide family care services in accordance with its approved policies and rules. 4. Conduct research and studies related to family care, identify challenges and suggest the necessary legislations to improve and develop family care services to raise the quality of family life, in coordination with the Department. 5. Set the necessary programmes to develop family care and case management services to empower Beneficiaries in the community, in accordance with the legislations in force. 6. Strengthen community awareness of the role of the family in the community in coordination with the relevant entities. 7. Provide advice and psychological and social support to family care 7 members in various cases and accidents that require the same and protect them from abuse and harm. 8. Deal with cases related to family care that are referred to it by the police stations or reported directly by the parties to the conflict, provide advice and guidance, and conduct conciliation when necessary. 9. Provide health, social and educational care requirements for minor orphans and the like. 10. Provide the requirements of children without family care and assume their custody in general. 11. Secure foster families to provide health, psychological, social, recreational and educational care for children without family care, conduct follow-up with fostered children, and support foster families. 12. Instill noble values, consolidate good principles and morals, and strengthen national identity and belonging to the State in the hearts of children without family care. 13. Manage and organise the process of parental care and raise parents’ awareness of the appropriate methods of caring for and treating children in coordination with the relevant entities. 14. Coordinate with the relevant entities in the development and implementation of social programmes that contribute to the rehabilitation of individuals with a troubled past, such as inmates of correctional and treatment centres and shelter centres of any kind, follow up their cases and reintegrate them into society. 15. Participate in local and international events, exhibitions and conferences dealing with family care issues. • The Executive Council may amend the competencies of the Authority stated in this Law or any other legislation by deletion, addition or transfer. • The Authority may delegate some of its competencies to any other governmental entity or outsource some of them to the private sector after obtaining the approval of the Executive Council. Article (5) • The Authority may have a Chairman whose appointment is issued by a Chairman of the Executive Council resolution and who is supervising the functions and tasks of the Authority and its Director-General. • The Executive Council may assign any other competencies or tasks to the Chairman of the Authority. 8 Article (6) • The Authority shall have a Director-General appointed by a Chairman of the Executive Council resolution to manage and supervise the Authority’s functions, and he shall in particular assume the following competencies: 1. Suggest the strategic and executive plans of the Authority and submit them for approval in accordance with the legislations in force. 2. Follow up on the implementation of the Authority’s strategic and executive plans, programmes, projects and activities managed or executed by the Authority. 3. Manage, develop and implement all the strategic and executive tasks entrusted to the Authority, either directly or through the work teams he appoints or entrusts with tasks, in a way that does not contradict the legislations in force. 4. Suggest initiatives, programmes, projects, studies and recommendations related to the Authority’s functions and activities and submit them for approval according to the procedures followed at the Department. 5. Suggest the annual draft budget of the Authority and submit it for approval in accordance with the legislations in force. 6. Suggest the organisational structure of the Authority and submit it for approval in accordance with the legislations in force. 7. Appoint experts, consultants and technicians on a temporary or permanent basis, and determine their fees, and he may resort to the experts, institutions and consulting offices he deems fit. 8. Open bank accounts in the name of the Authority in accordance with the legislations in force. 9. Form internal committees and work teams either from among the Authority’s employees or others, specify their tasks and the procedures of their work. 10. Suggest legislations, organisational and executive regulations, rules, policies, resolutions and circulars, and submit them for approval in accordance with the legislations in force. 11. Suggest fees, tariffs and prices related to the Authority’s competencies and submit them for approval in accordance with the legislations in force. 12. Represent the Authority before the Courts and third parties. 13. Any other competencies or tasks assigned by the Executive Council. • The Director-General may delegate some of his competencies to any of 9 the senior staff of the Authority, provided that the delegation is in writing. • The Executive Council may delegate any of the competencies of the Director-General to any committees or work teams that it appoints either from among the Authority’s employees or others. Article (7) • The Authority may have a Board of Trustees consisting of at least five members, including the Chairman of Board of Trustees, who are appointed by virtue of an Executive Council resolution. • The Board of Trustees shall provide advice and consultation to both the Department and the Authority regarding all or some of the Authority’s competencies and shall provide recommendations and proposals to them regarding the plans, programmes, projects and activities that it supervises, manages or implements. • The Board of Trustees shall hold its meetings in accordance with the rules and regulations approved by the Chairman of the Department. • The Chairman of the Department may assign the Board of Trustees to follow up on the work of the Director-General if the work requires the same. Article (8) The Authority shall submit to the Department every three months or whenever the Department requires so, a report on its functions, achievements, budget, administrative and financial affairs, and the stages of progress it has made in carrying out the functions and tasks entrusted to it. Article (9) By a resolution of the Chairman of the Department, the Department may provide logistical support and all operational works regarding support services, including human and financial resources affairs, procurement, electronic systems and other works and tasks. Article (10) The Authority’s financial resources shall consist of: 1. The annual appropriations allocated to it by the Government. 2. Any other revenues approved by the Executive Council. 10 Article (11) The Authority's fiscal year shall start on the first of January and end on the 31st of December of every year, except the first fiscal year that shall start on the date of entry into effect of this Law and end on the 31st of December of the following year. Article (12) The Authority shall have one or more accredited auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Chairman of the Department according to the legislations in force, specifying as well as the remuneration thereof. Article (13) • The Authority shall be subject to the financial laws and rules in force at the Emirate. • The Authority’s employees shall be subject to the human resources laws and rules in force at the Emirate. • The national employees shall be subject to the pensions law and civil retirement benefits in force at the Emirate. Article (14) • The foresaid Law No. (8) of 2014 shall be repealed. • Any provision occurring in the aforesaid Law No. (19) of 2009 contradicts the provisions of this Law shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. Article (15) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 18 August 2021 Corresponding to: 9 Muharram 1443 Hijri 11 Law No. (5) of 2021 Concerning the Reorganisation of Statistics Centre - Abu Dhabi We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Advisory Council and its amendments; • Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments; • Law No. (7) of 2008 concerning the Statistics Centre - Abu Dhabi, and its amendments; • Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (18) of 2019 concerning Abu Dhabi Executive Office; • Federal Law by Decree No. (34) of 2020 on the establishment of the Federal Competitiveness and Statistics Centre; • 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: State : The United Arab Emirates. Emirate : Emirate of Abu Dhabi. Government : Abu Dhabi Government. 12 Executive : The Executive Council of the Emirate. Council Office : Abu Dhabi Executive Office. Centre : The Statistics Centre - Abu Dhabi. Director- : The Director-General of the Centre. General Governmental : The departments, public authorities and institutions, bodies, centres, councils, funds and any other entity Entities affiliated to the Government. Governmental : The companies wholly owned by the Government or Companies Governmental Entities or in which the Government or Governmental Entities contribute by a rate exceeding 50% of their capital. Institute : Statistical Training Institute. Users : Decision makers, researchers, planners, the public, media, business community, individuals, international community, local and international consultation offices and other beneficiaries of official statistics and statistical data. Statistics : Collecting data, information and indicators from their sources, categorising, classifying, processing, analysing, and publishing them to serve the Users. Official Statistics : Statistical data issued by the Centre and Governmental Entities and Companies under the supervision, control and approval of the Centre. Census : Organised statistical operation, following the total process method and comprehensive inventory to collect detailed data on the characteristics of each unit of the target population without exception, such as the general census of population, housing and establishments, the industrial census and others. 13 Statistical Survey : Organised statistical work that follows the approach of the principle of examining and collecting detailed data on various topics and issues by taking a part of the population covered by the study, selected by scientific statistical methods. Its results is generalised after processing and analysis to represent the entire target papulation. Polls : A public opinion survey of a specific group of the target community regarding a matter, phenomenon, topic or issue, conducted in a specific short period of time and according to selected general questions. Data : A set of values of qualitative or quantitative variables about a person, entity, thing, subject, phenomenon or more. Statistical Data : Data, information, figures and indicators related to official statistics, statistical activities, individuals, families, Governmental Entities and Companies, private companies, and all that is related to the conditions of the Emirate, which were collected through censuses, statistical surveys, polls, records or other data sources for statistical purposes. Data Sources : Governmental Entities and Companies, charitable and civil associations and institutions, private companies and institutions, individuals, Ministries, federal public authorities and institutions, international organisations and institutions in addition to social media, open data, big data and any other sources. Metadata : Data that defines, specifies and describes the Statistical Data and the official statistics produced. It shall be considered as a description and documentation of the statistical concepts, procedures and methods related to the collection, processing, storage and publication of data according to specific criteria that help the user understand the nature of these statistics and optimise their use. 14 Statistical : The legal framework that regulates the functions of the Centre System and the sectors, departments and sections of the concerned Governmental Entities and Companies by providing, publishing and using data on all activities and sectors in the Emirate. Statistical : A comprehensive official document and guide approved by Portfolio the Centre and containing a list of all types of indicators and statistical topics at the Centre and any entity that has statistics or statistical data related to the Emirate. Respondent : The natural or legal person, public or private, who is required by the Centre to provide information and data under this Law. Statistical : The readiness of Governmental Entities and Companies Maturity towards preparing and issuing official statistics in a manner consistent with the methods, standards and methodologies approved by the Centre. Individual Data : Any descriptive information or characteristics that identify the Respondent. Statistical : Maps, schemes, records, forms, sample lists and the like. Documents Extrapolation : Using data, probabilities, statistical trends, and simulation models to reach statistical conclusions and short or long- term immediate or future predictions about the phenomenon under study. Statistical : Lists or maps of all units of the community or the target sector Frames to be subject to statistics, comprehensive data collection, or selection of a sample thereof, such as buildings, residences, population, establishments, and others. Records : Files, databases, forms, tables, models, or any other paper or electronic media stating information and data about individuals, families, addresses, buildings, establishments, and activities in any governmental or non-governmental entity. 15 Article (2) • The Centre shall have an independent legal personality and a full legal capacity to act, and shall be affiliated to the Office. • The Executive Council may change the affiliation of the Centre to any other entity specified thereby. Article (3) The Centre’s main office shall be located in Abu Dhabi City and it may, upon a resolution issued by the Chairman of the Office, establish branches or offices inside or outside the Emirate, after the approval of the Executive Council. Article (4) Statistics shall be prepared in the Emirate and published in accordance with international statistical principles, in particular the principles of independence, impartiality, professionalism, confidentiality and trust. Article (5) The Centre shall assume the following competencies: 1. Suggest the Centre’s public policies and submit them to the Office in order to be approved by the Executive Council. 2. Provide official statistics and recent and reliable Statistical Data to the Government and Users, without prejudice to the confidentiality of the data according to the legislations in force, and in coordination with the Governmental Entities and Companies. 3. Develop an integrated Statistical System and manage and organise the statistical work in the Emirate by defining and distributing the roles, tasks and competencies of all components of the Statistical System in accordance with the Statistical Portfolio. 4. Laydown the principles and standards related to Statistical Data systems and official statistics, manage, unify, document, build, classify and publish the same, and supervise their quality assurance. 5. Build an information network and a unified channel that serves the Statistical System in the Emirate. 6. Work on building integrated statistical databases in partnership with Governmental Entities. 16 7. Technically supervise any statistics and statistical data systems works carried out by Governmental Entities, audit the results of their work, and provide technical advice in accordance with the Statistical System in force in the Emirate. 8. Collect, classify, store, analyse, process, archive, publish and protect the Emirate's Statistical Data from Data Sources. 9. Build and organise Statistical Frameworks for all activities and various sectors and update them periodically in coordination with Governmental Entities and Companies. 10. Design and conduct censuses, studies, demographic, social, economic and environmental statistical surveys, polls, and others at the Emirate level according to the Statistical Portfolio. 11. Publish official statistics and Statistical Data according to the Statistical Portfolio and using the latest used methods, without prejudice to the confidentiality of the data prescribed in accordance with the legislations in force. 12. Laydown the principles and rules regulating statistical work, and unify methods, standards, definitions and classifications related to statistical work in the Emirate, in coordination with the concerned federal entity and in accordance with the legislations in force. 13. Approve the statistical projects for Governmental Entities before submitting them to the Department of Finance within the budget of those entities, in accordance with the Centre’s policies and procedures for planning and implementing statistical projects in coordination with the Department of Finance. 14. Conduct, develop and publish estimates, projections, extrapolations and future predictions for various demographic, economic, social, environmental and other issues. 15. Organise the Institute and prepare its plans, training programmes and systems to support and develop statistical capabilities and enable Governmental Entities to produce official statistics and statistical data and contribute to training and strengthening statistical capabilities. 16. Conclude agreements and memoranda of understanding with Governmental Entities and Companies, private companies and others to organise statistical work, exchange and publish data. 17. Spread the statistical culture, and raise awareness among all segments of society of the importance of statistical work. 17 18. Organise and participate in conferences, seminars, workshops, educational programmes and statistical activities inside and outside the State. • The Centre may contract with any entity or company inside or outside the Emirate to carry out data collection and other statistical activities. • The Executive Council may amend the competencies of the Centre stated in this Law or any other legislation by deletion, addition or transfer. • The Centre 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. Article (6) The Centre shall have a Director-General appointed by a resolution of the Executive Council, and he shall manage and supervise the Centre’s Functions, and in particular: 1. Suggest the strategic and executive plans for the Centre and submit them for approval in accordance with the legislations in force. 2. Follow up on the implementation of the Centre’s strategic and executive plans, programmes, projects and activities managed or executed by the Centre. 3. Manage, develop and implement all the strategic and executive tasks entrusted to the Centre, either directly or through the work teams he appoints or entrusts with tasks, in a way that does not contradict the legislations in force. 4. Suggest initiatives, programmes, studies and recommendations related to the Centre’s functions and activities and submit them for approval according to the legislations in force. 5. Suggest the annual draft budget of the Centre and submit it for approval in accordance with the legislations in force. 6. Suggest the organisational structure of the Centre and submit it for approval in accordance with the legislations in force. 7. Appoint experts, consultants and technicians on a temporary or permanent basis, and determine their fees, and he may resort to the experts, institutions and consulting offices he deems fit. 18 8. Open bank accounts in the name of the Centre in accordance with the legislations in force. 9. Form internal committees and work teams either from among the Centre’s employees or others, specify their tasks and the procedures of their work. 10. Suggest legislations, organisational and executive regulations, including violations and administrative fines related to the Centre’s competencies, and submit them for approval in accordance with the legislations in force. 11. Suggest fees, tariffs and prices related to the Centre’s competencies and present them to the Chairman of the Office in preparation for submitting them for approval in accordance with the legislations in force. 12. Represent the Centre before the Courts and third parties. 13. Any other competencies or tasks assigned by the Executive Council. • The Director-General may delegate some of his competencies to any of the senior staff of the Centre, provided that the delegation is in writing. • The Executive Council may delegate any of the competencies of the Director-General to any committees or work teams that he appoints either from among the Centre’s employees or others. Article (7) Governmental Entities and Companies shall commit to the following: 1. Prepare official statistics and statistical data related to their field of work under the supervision of the Centre in accordance with the Statistical Portfolio and using all available means with the obligation to continue their productivity unless the Office decides otherwise. 2. Apply the rules regulating Statistical Work prescribed by the Centre in accordance with the legislations in force in all stages of statistical work, such as collecting, analysing, processing and publishing Statistical Data. 3. Develop their records in accordance with the requirements of the Statistical Work determined by the Centre. 4. Submit the classifications, definitions, work methodology and statistical form, including the Metadata prepared for this purpose, to the Centre 19 for approval before they begin statistical operations. 5. Coordinate with the Centre before making any amendments or additions to the records forms or the statistical mechanisms used, in order to ensure that these records, forms and mechanisms meet the purposes of statistical work. 6. Make their employees and workers attend the training programmes carried out by the Centre to build their statistical capabilities. 7. Implement the necessary development plans to raise the level of Statistical Maturity according to the standards and methodologies approved by the Centre. 8. Apply the publishing policies of official statistics and statistical data approved by the Centre and according to the roles and competencies assigned to them according to the Statistical Portfolio. 9. Enable the Centre to access their databases and records through electronic linkage or other means, and provide the Centre with all the detailed Data and Metadata it requires to perform its statistical tasks in a format that can be processed electronically within the agreed period and according to the technical mechanisms and time schedules established in accordance with the Statistical Portfolio. 10. Obtain the approval of the Centre before conducting any Census, statistical survey or Polls in the Emirate related to official statistics. 11. Facilitate the task of the Centre’s employees assigned to any statistical or census work, ensure easy communication with the relevant entities, and provide all the data they request for statistical purposes, including allowing them to peruse the records and the other means of storing information. 12. Not modify the official data and statistics without the approval of the Centre. Article (8) • The Centre may use all data sources to prepare official statistics. • All private institutions and companies shall provide the Centre, upon its request, without any consideration, with the detailed data it requests within the limits of its competence and in a form that can be processed electronically. 20 Article (9) Companies may conduct statistical surveys related to the marketing of their products or services. Article (10) • All data and individual data, which are collected or saved by the Centre or by Governmental Entities and Companies and related to any survey or census, shall be considered confidential, and neither the Centre nor any of its employees may reveal or disclose such data to any person or public or private entity, or use them for any purpose other than statistical purposes. • When publishing official statistics, the Centre shall not reveal any individual data in order to preserve their confidentiality. • Employees in the field of statistics in the Centre and in Governmental Entities and Companies who are assigned to conduct any survey, census or polls, shall sign an undertaking not to disclose or publish any data or individual data. • Data and Statistical Data shall be disclosed and revealed if that is required to comply with a Court order or judgment. • The Centre shall take the necessary measures to implement security and safety conditions to ensure the protection of the data collected and preserved in the Centre’s workplaces, and coordinate with Governmental Entities and Companies to ensure that they carry out the same procedures and conditions. Article (11) The following shall be excluded from the individual data confidentiality rule: • Using individual data to prove a violation of the provisions of this Law or the regulations and resolutions issued pursuant thereto. • Using individual data related to the person or entity, provided that they agree to this in writing. Article (12) The Centre shall submit to the Office every three months or whenever the 21 Office requires the same, a report on its functions, achievements, budget, administrative and financial affairs, and the stages of progress it has made in carrying out the functions and tasks entrusted to it. Article (13) By a resolution of the Chairman of Office, the Office may provide logistical support and all operational functions regarding support services to the Centre, including human and financial resources affairs, procurement, electronic systems and other works and services. Article (14) 1. Without prejudice to any more severe penalty stipulated in any other Law, every civil servant or the like who commits any of the following acts shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one million Dirhams: • Disclosing any confidential data within the definition stipulated in this Law or any of the secrets of industry or trade and other know-how that are considered to be one of his secrets and that he has become acquainted with due to his position. • Knowingly publishing or causing to publish incorrect statistics or results of censuses and surveys. • Deliberately keeping for himself any statistical documents that contain data, or deliberately destroying or forgering them. • Failing to preserve confidential statistical documents, which led to their loss. 2. The sanction shall be doubled in case of recidivism. Article (15) 1. Without prejudice to any more severe penalty stipulated in any other Law, whoever commits any of the following acts shall be punished by imprisonment for a period not exceeding one year and a fine not exceeding one million Dirhams: 22 • Impersonating the Centre’s employees or any person charged with a task related to the census or statistical survey and other statistical work. • Deliberately disrupting the works of the census or statistical survey or refraining from giving the required data in the prescribed manner. Failure to submit the statistical data within the specified date shall be considered as refusal to submit it unless it is proven that refraining from providing the data or the delay was with an acceptable excuse. • Deliberately giving misleading data to any of those charged with conducting a census or survey. • Obtaining, through any of the Centre’s employees or from the Centre’s records and entries, data or confidential data by means of fraud, threat, misrepresentation, or by any other means in violation of the Laws. 2. The sanction shall be doubled in case of recidivism. Article (16) • Without prejudice to any more severe penalty provided by another Law, whoever violates the provisions of this Law, its regulatory and executive regulations and the resolutions and circulars issued in implementation thereof shall be punished by an administrative fine not exceeding AED (500,000) five hundred thousand Dirhams. • The Centre shall collect the administrative fines and the Chairman of Office 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 set forth in this Article. • The Director-General or his delegate may offer reconciliation to the violator, provided that this is proved in the minutes of the procedures. The violator accepting 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 thereto. • In all events, if the violator does not remove the effects of the violation in a timely manner, the Centre shall remove them at the violator's expense. • The regulatory and executive regulations of this Law shall determine the reconciliation procedures stated above including their time limits. 23 Article (17) The Head of the Judicial Department Abu Dhabi shall, in agreement with the Chairman of the Office, determine the Centre’s employees who shall have the law enforcement officer capacity for the crimes falling within their jurisdiction. They shall have the right to inspect and control to verify the commitment of all entities, companies and persons to implement the provisions of the legislations related to the Centre's competencies. Article (18) The Centre’s financial resources shall be consist of: 1. The annual appropriations allocated to it by the Government. 2. The fees of the provided services. 3. The donations and contributions granted thereto after the approval of the Executive Council. 4. Any other revenues approved by the Executive Council. Article (19) The fiscal year of the Centre shall start on the first of January and end on the last day of December of every year. Article (20) The Centre shall have one or more accredited auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Chairman of the Office according to the legislations in force, specifying as well as the remuneration thereof. Article (21) • The Centre shall be subject to the financial laws and rules in force at the Emirate. • The Centre’s employees shall be subject to the human resources laws and rules in force at the Emirate. • The local employees shall be subject to the pensions law and civil retirement benefits in force at the Emirate. 24 Article (22) • The Director-General shall, after the obtaining the approval of the Executive Council, issue the regulatory and executive regulations of this Law. • The Director-General shall issue the executive and operating policies, rules, resolutions and circulars necessary for the implementation of the provisions of this Law. • The policies, rules, resolutions and circulars in force shall remain effective to the extent that does not contradict the provisions of this Law, until the issuance of the policies, rules, resolutions and circulars implementing the provisions thereof. (Article 23) • Aforesaid Law No. (7) of 2008 shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. Article (24) This Law shall enter into force as of its issuance date and shall be published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 18 August 2021 Corresponding to: 9 Muharram 1443 Hijri 25 Law No. (6) of 2021 Concerning the Organisation of Law Enforcement Capacity in the Emirate of Abu Dhabi We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments; • Law No. (2) of 1971 concerning the National Advisory Council and its amendments; • Law No. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi and its amendments; • Federal Law No. (3) of 1987 concerning the issuance of the Penal Law and its amendments; • Federal Law No. (35) of 1992 concerning the issuance of the Criminal Procedure Law and its amendments; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) 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. Department : Judicial Department- Abu Dhabi. Governmental : Departments and Public Corporate Persons. Entities Companies : Companies wholly owned by the government or to which it contributes, and companies owned by the private sector that are entrusted or contracted to manage a public utility. Law : The natural person who is granted the capacity to Enforcement detecting the acts committed in violation of the provisions Officer of the legislations in force in the Emirate. 26 Article (2) • The provisions of this Law shall apply to employees of Governmental Entities who are granted the law enforcement capacity in the crimes and violations related to their jobs. • Law enforcement officers who are members of the Public Prosecution, police officers, police officials, personnel, and other law enforcement officers who have been granted such capacity pursuant to special laws shall be exempted from the provisions of this Law. • Law enforcement capacity may be granted to employees of Companies in accordance with the rules stated in this Law. Article (3) • The following conditions shall be met to grant law enforcement capacity to Companies’ employees: 1. The Company shall have concluded a contract with the concerned Governmental Entity to manage or operate any of the public facilities supervised by that entity. 2. The law enforcement capacity shall be granted in crimes and violations that are punishable by administrative or financial penalties or sanctions that are not freedom-restricting. 3. The Company shall be charged with operating or managing the public facility in accordance with the legislations in force in the Emirate. • The governmental entity that wishes to grant the law enforcement capacity to the Companies that manage or operate any of the public facilities supervised by that entity shall obtain the approval of the Executive Council before coordinating with the Department to grant the law enforcement capacity to the employees of those Companies. Article (4) The law enforcement capacity may be granted or cancelled for the employees of Governmental Entities and Companies’ employees, by a decision issued by the Chairman of the Department, in agreement with the Chairman of the concerned Governmental Entity. 27 Article (5) The following conditions shall be met by whomever is granted the law enforcement capacity according to the provisions of this Law: 1. He shall not have been sentenced by a freedom-restricting penalty or arrangement in a crime involving moral turpitude or dishonesty, even if he has rehabilitated. 2. The violations that he is charged with detecting shall be related to his job duties and related to the legislation that he is entrusted with supervising its implementation . 3. He shall have the qualifications and experience that are commensurate with the legislation that he is entrusted with supervising its implementation. 4. He shall be fully familiar with the legislations that he is entrusted with its implementation.. 5. He shall pass the prescribed training sessions. 6. He shall not be subject to any disciplinary penalty - except for verbal notice and warning - dated less than three years ago. 7. Any other conditions issued pursuant to a resolution of the Chairman of the Department. Article (6) • The decision to grant the law enforcement capacity shall be for a period not exceeding two years. • The law enforcement capacity may be renewed, by a decision issued by the Chairman of the Department, in agreement with the Chairman of the concerned Governmental Entity, after consulting the Public Prosecutor regarding the evaluation of the performance of the concerned law enforcement officer. Article (7) The decisions issued to grant, renew or cancel the law enforcement capacity shall be published in the Official Gazette of the Emirate. Article (8) Subject to the legislations in force, the law enforcement officer shall, when performing his duties and tasks, abide by the following: 28 1. The provisions of the legislation that he is entrusted with its implementation, and observing the procedures stipulated therein when carrying out his duties. 2. Verifying that the persons addressed by the legislation comply with the duties imposed on them by this legislation and that they do not violate its provisions. 3. Detecting the violations that he is mandated to investigate and collecting information and evidence related to, in accordance with the legislations in force. 4. Receiving reports and complaints regarding violations related to his job and works, in accordance with the approved procedures in this regard. 5. Taking the necessary procedures and measures to preserve all evidence related to the committed violation. 6. Preparing a record of evidence of the facts and actions taken. 7. Being honest, functional, impartial and objective. 8. Showing what proves his capacity when carrying out the tasks entrusted to him. 9. Not exploiting the law enforcement capacity to achieve personal interests or benefits. 10. Any other obligations determined by the Governmental Entity to which he is affiliated or the Department. Article (9) In order to carry out the tasks entrusted thereto, the law enforcement officer may exercise the following powers: • Seek assistance from police officials when necessary. • Seek assistance from experts and translators when necessary. • Hear and transcribe the statements of the complainants, witnesses and all those who have useful information to reveal the crime. • Conduct an examination, ask questions and clarifications, and enter the places he is authorised to enter to collect information related to the committed violation. • Resort to photography and video or audio recording, only within the 29 limits of the committed violation and in accordance with the applicable legislations. Article (10) The violations’ record of evidence prepared by the law enforcement officer shall include the following basic data: • Name and particulars of the violator. • Statement of the committed violation. • The facts and actions taken, specifying the time and place of taking the action. • Signature of the violator if the record of evidence is prepared in his presence and if he refuses to sign, this shall be proved in the record. • Statements of the witnesses, experts and translators, if any, signed by them. • Name and signature of the law enforcement officer. • Any other data set forth in the relevant legislations. Article (11) • Subject to the legislations in force, every person of interest may file a written grievance with the Chairman of the Governmental Entity to which the law enforcement officer is affiliated, with the violation attributed to him under the record of evidence subject to grievance, provided that this grievance is submitted within (30) thirty days from the date of being notified of such violation. • If the record of evidence is issued by one of the law enforcement officers working in the Companies that the Governmental Entity contracts with to manage any of the public facilities, a grievance shall be lodged against the record of evidence with the Chairman of the contracted Governmental Entity or his authorised delegate. • The grievance referred to in the first and second paragraphs of this Article shall be submitted to the concerned Governmental Entity, including the 30 following basic data: 1. Name, capacity, address and contact details of the grievant. 2. Name and address of the entity subject to grievance. 3. Reasons on which the grievance was based, enhanced with supporting documents. 4. The requests of the grievant. 5. Names of the witnesses that the grievant depends on the testimonies thereof, if any, to prove his grievance. • The grievance shall be studied and decided upon by the concerned Governmental Entity in accordance with the mechanism adopted by it in this regard. The decision issued by it in the grievance shall be final, and the grievant shall retain his right to resort to judicial authorities. Article (12) The Chairman of the Department shall issue the regulations, decisions and circulars necessary for the implementation of the provisions of this Law. Article (13) Any provision contrary to the provisions of this Law shall be repealed. Article (14) This Law shall be published in the Official Gazette and shall be effective on the day following the date of its publication. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 18 August 2021 Corresponding to: 9 Muharram 1443 Hijri 31 Law No. (7) of 2021 Concerning the Establishment of The Creative Media Authority We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi Having reviewed: • Law No.Referenced legislation
- Federal Law No. (35) of 1992 concerning the issuance of the Criminal Procedure Law (unresolved)
- Law No. (12) of 2018 concerning the Establishment of the Department of Community Development (unresolved)
- Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government (unresolved)
- Chairman of the Executive Council Resolution No. (59) of 2018 concerning the Additional Competencies of the Department of Community Development (unresolved)
- Law No. (19) of 2009 concerning the Establishment of the Social Care & Minors Affairs Foundation (unresolved)
- Law No. (23) of 2006 concerning the Judicial Department in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (7) of 2008 concerning the Statistics Centre - Abu Dhabi, and its amendments (unresolved)
- Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (2) of 1971 concerning the National Advisory Council (unresolved)
- Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government (unresolved)
- Law No. (19) of 2009 (unresolved)
- Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (8) of 2014 (unresolved)
- Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (6) of 2016 concerning the Human Resources in the Emirate of Abu Dhabi, and its amendments (unresolved)
- Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments (unresolved)
- Federal Law by Decree No. (34) of 2020 on the establishment of the Federal Competitiveness and Statistics Centre (unresolved)
- Law No. (7) of 2008 (unresolved)
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Abu Dhabi Official Gazette - 2021 Edition 8 — segment 2
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Abu Dhabi Official Gazette - 2021 Edition 8 — segment 2
AI-assisted research summary: This provision sets up the Creative Media Authority, defines key terms, and gives it powers to regulate media production, interactive media, and related activities in Abu Dhabi, with some exceptions.
(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. (12) of 2007 concerning the Media Zone Authority - 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 Abu Dhabi Government; • Law No. (8) of 2018 concerning the Establishment of the Department of Culture and Tourism; • Chairman of the Executive Council Resolution No. (23) of 2018 concerning the Additional Competencies of the Department of Culture and Tourism; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Article (1) In the implementation of the provisions of this Law, the following words and phrases shall have the meanings corresponding thereto, unless the context requires otherwise: Emirate : The Emirate of Abu Dhabi. Government : Abu Dhabi Government. Executive Council : The Executive Council of the Emirate. Department : The Department of Culture and Tourism. Authority : The Creative Media Authority. 32 Director-General : Director-General of the Authority. Creative Products : Goods and services that include a degree of creativity or innovation and rely on intellectual capital as one of the basic inputs, in relation to media production, interactive media, or any other activity that the Executive Council decides to consider as included within the creative products. Interactive Media : All forms of digital media including electronic games, electronic sports, content platforms, virtual reality, visual effects, applications and all forms of interactive content. Media Production : Creating all forms of content including but not limited to: Cinematography, advertisements, dramas, documentaries, photography visual effects and other media and news photography, as well as all aspects of the content creation process. Electronic Games : All types of games that use an electronic interface or hardware to play them. Electronic Sports : The activity of playing electronic games competitively against competitors or other participants electronically. Establishments : Sole proprietorships and commercial companies of all and Companies types, licensed to work in Media Production, Interactive Media and Electronic Games in accordance with the provisions of this Law. Activity : Any craft, professional, service or any other activity related to Media Production, Interactive Media and Electronic Games, authorised to be practiced in accordance with the provisions of this Law. Incentives : A program regulating the mechanism of granting Programme incentives for Media Production and Interactive Media in the Emirate in accordance with the provisions of this Law. Article (2) 33 • An authority under the name of “Creative Media Authority” shall be established pursuant to the provisions of this Law, it shall have an independent legal personality, shall enjoy full legal capacity to act, and shall be affiliated to the Department. • The Executive Council may change the affiliation of the Authority to any other entity specified by it. • Creative Products and the field and activity of Media Production and Interactive Media shall be considered within the culture sector and the tourism sector, and the Department undertakes to regulate them in accordance with the provisions of aforementioned Law No. (8) of 2018. Article (3) The Authority’s main office shall be located in Abu Dhabi City and it may, upon a resolution issued by the Chairman of the Department, open branches or offices inside or outside the Emirate, after the approval of the Executive Council. Article (4) • The Authority shall assume the following competencies: 1. Suggest the Authority’s policies and strategic plans and submit them to the Department in order to be approved by the Executive Council. 2. Regulate, authorise, supervise and control Media Production and Interactive Media activities in the Emirate, including free zones, with the exception of governmental entities and companies or media activities related thereto. 3. Coordinate with the concerned entities regarding licences for Media Production and Interactive Media activities in the Emirate in accordance with the legislations in force. 4. Conclude agreements and memoranda of understanding regarding the development of activities related to Media Production and Interactive Media in the Emirate, including investment contracts related to the infrastructure necessary to carry out the mentioned activities. 5. Conduct research and studies related to Media Production and Interactive Media activities in order to promote and develop them in the Emirate. 34 6. Establish or participate in companies related to the Authority’s competencies. 7. Prepare and develop initiatives to attract, stimulate and develop the Media Production and Interactive Media sector for local and international talents, institutions and small and medium enterprises in the Emirate. 8. Establish an electronic system, after approval of the Department, to grant permits and approvals for Media Production and Interactive Media in the Emirate in coordination with the concerned entities and in accordance with the legislations in force. 9. Prepare, develop and implement initiatives related to the Electronic Games and Sports industry in the Emirate, launch programmes to stimulate talent and partnerships, educate the public, and accredit, sponsor and finance Electronic Sports teams in the Emirate after the approval of the Department. 10. Issue permits for all activities, clubs and teams that are formed to participate in Electronic Gaming activities, Electronic Sports and related events. 11. Support and launch local, international and specialised awards that contribute to the development of Media Production and Interactive Media in the Emirate. 12. Coordinate with the competent entities to develop and implement a programme for granting creative visas and work permits to bring in talented people, specialists and experts in the field of Media Production and Interactive Media in accordance with the legislations in force. 13. Develop initiatives, launch incentive programs, and qualification principles and criteria related to supporting Media Production and Interactive Media activities in accordance with the legislations in force. • The Executive Council may amend the competencies of the Authority stated in this Law or any other legislation by deletion, addition or transfer. • The Authority may delegate some of its competencies to any other governmental entity or outsource some of them to the private sector after obtaining the approval of the Executive Council. 35 Article (5) • The Authority may have a chairman whose appointment is issued by a Chairman of the Executive Council resolution and who shall supervise the functions and tasks of the Authority and its Director-General. • The Executive Council may assign any other competencies or tasks to the Chairman of the Authority. Article (6) • The Authority shall have a Director-General appointed by a Chairman of the Executive Council resolution, to manage and supervise the Authority’s functions, and he shall in particular assume the following competencies: 1. Suggest the strategic and executive plans for the Authority and submit them for approval in accordance with the legislations in force. 2. Follow up on the implementation of the Authority’s strategic and executive plans, programmes, projects and activities managed or executed by it. 3. Manage, develop and implement all the strategic and executive tasks entrusted to the Authority, either directly or through the work teams he appoints or entrusts with tasks, in a way that does not contradict the legislations in force. 4. Suggest initiatives, programmes, projects, studies and recommendations related to the Authority’s functions and activities and submit them for approval according to the procedures followed at the Department. 5. Suggest the annual draft budget of the Authority and submit it for approval in accordance with the legislations in force. 6. Suggest the organisational structure of the Authority and submit it for approval in accordance with the legislations in force. 7. Appoint experts, consultants and technicians on a temporary or permanent basis, and determine their fees, and he may resort to the experts, institutions and consulting offices he deems fit. 8. Open bank accounts in the name of the Authority in accordance with the legislations in force. 9. Form internal committees and work teams either from among the Authority’s employees or others, specify their tasks and the procedures of their work. 10. Suggest legislations, organisational and executive regulations, rules, policies and resolutions, including violations and administrative fines 36 related to the Authority’s competencies, and submit them for approval in accordance with the legislations in force. 11. Suggest fees, tariffs and prices related to the Authority’s competencies and submit them for approval in accordance with the legislations in force. 12. Represent the Authority before the Courts and third parties. 13. Any other competencies or tasks assigned by the Executive Council. • The Director-General may delegate some of his competencies to any of the senior staff of the Authority, provided that the delegation is in writing. • The Executive Council may delegate any of the competencies of the Director-General to any committees or work teams that it appoints either from among the Authority’s employees or others. Article (7) • The Authority may have a Board of Trustees consisting of at least five members, including the Chairman of Board of Trustees, who are appointed by virtue of an Executive Council resolution. • The Board of Trustees shall provide advice and consultation to both the Department and the Authority regarding all or some of the Authority’s competencies and shall provide recommendations and proposals to them regarding the plans, programmes, projects and activities that it supervises, manages or implements. • The Board of Trustees shall hold its meetings in accordance with the rules and regulations approved by the Chairman of the Department. • The Chairman of the Department may assign the Board of Trustees to follow up on the work of the Director-General if the work requires the same. Article (8) The Authority shall submit to the Department every three months or whenever it is required to do so, a report on its functions, achievements, budget, administrative and financial affairs, and the stages of progress it has made in carrying out the functions and tasks entrusted to it. 37 Article (9) By a resolution of the Chairman of the Department, the Department may provide logistical support and all operational works regarding corporate services to the Authority, including human and financial resources affairs, procurement, electronic systems and other works and services. Article (10) The Authority’s financial resources shall be consist of: • The annual appropriations allocated to it by the Government. • The donations and contributions granted thereto after the approval of the Executive Council. • Any other revenues approved by the Executive Council. Article (11) The Authority's fiscal year shall start on the first of January and end on the 31st of December of every year, except the first fiscal year that shall start on the date of entry into effect of this Law and end on the 31st of December of the following year. Article (12) The Authority shall have one or more accredited auditors to verify its accounts and financial statements, who shall be appointed by virtue of a resolution issued by the Chairman of the Department according to the legislations in force, specifying as well as the remuneration thereof. Article (13) • Without prejudice to any more severe penalty provided by another law, whoever violates the provisions of the legislations, regulatory and executive regulations and the rules, policies, resolutions and circulars issued by the Department and related to the Authority’s competencies shall be punished by an administrative fine. 38 • The Authority shall collect the administrative fines and the Chairman of the 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 the aforesaid Law No. (8) of 2018. • The provisions of administrative penalties set forth in the aforesaid Law No. (8) of 2018 shall apply, and the regulatory and executive regulations issued by the Department shall specify the procedures for imposing such penalties and the rules of their application and grievance against them, including the procedures for reconciliation. Article (14) The Chairman of the Judicial Department - Abu Dhabi shall, in agreement with the Chairman of the Department, determine the Authority’s employees who shall have the law enforcement capacity for the crimes falling within their jurisdiction. They shall have the right to inspect and control to verify the commitment of all entities, companies and persons to implement the provisions of the legislations related to the Authority’s competencies. Article (15) The employees of the Department determined by a resolution of the Chairman of the Department, shall be transferred to the Authority without prejudice to their financial and pension allocations. Article (16) • The Authority shall be subject to the financial laws and rules in force in the Emirate. • The Authority’s employees shall be subject to the human resources laws and rules in force in the Emirate. • The national employees shall be subject to the pensions and civil retirement benefits law in force in the Emirate. 39 Article (17) • The licences and permits granted to Establishments and Companies prior to the issuance of this Law shall remain in effect until their expiry, provided that the licence or permit is renewed according to the provisions of this Law. • The regulations, rules and resolutions in force shall remain in effect to the extent that they are not contradicting the provisions of this Law, until the issuance of the regulations, rules and resolutions implementing the provisions thereof. Article (18) Any provision contrary to the provisions of this Law shall be repealed. Article (19) 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: 18 August 2021 Corresponding to: 9 Muharram 1443 Hijri 40 Law No. (8) of 2021 Concerning Emirates Nuclear Energy Company “Public Joint Stock Company” 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. (21) of 2009 concerning the Establishment of Emirates Nuclear Energy Corporation; • Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government; • Law No. (2) of 2018 concerning the Establishment of Abu Dhabi Developmental Holding Company “Public Joint Stock Company”; • Law No. (24) of 2020 concerning the Supreme Council for Financial and Economic Affairs; • Federal Law No. (2) of 2015 concerning Commercial Companies and its amendments; • Federal Law by Decree No. (6) of 2009 concerning Peaceful Uses of Nuclear Power; • Executive Council Resolution No. (145) of 2020 concerning the Emirates Nuclear Energy Corporation; and • Based on what was presented to and approved by the Executive Council, Issued the following Law: Definitions 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: 41 State : The United Arab Emirates. Emirate : The Emirate of Abu Dhabi. Holding Company : Abu Dhabi Developmental Holding Company “Public Joint Stock Company”. Company : The Emirates Nuclear Energy Company “Public Joint Stock Company”. Board of Directors: The Company's Board of Directors. Corporation : The Emirates Nuclear Energy Corporation. Legal Form of the Company Article (2) • The legal form of Emirates Nuclear Energy Corporation shall be amended from a public corporation to Emirates Nuclear Energy Company "public joint stock company", and the Company shall replace the Corporation in all rights and obligations as well as in all agreements and rights concluded between the Corporation and third parties. • The Company shall have an independent legal personality and full legal capacity to act as well as a financial and administrative independence. • The Company may use an abbreviated name as determined by the Board of Directors. • The Company’s name, abbreviated name and legal form may be changed according to the procedures specified by its Articles of Association. Main Office of the Company Article (3) • The Company’s main office shall be located in the city of Abu Dhabi, and the Board of Directors may establish branches, offices or agencies thereof inside and outside the State. • The Board of Directors may, after the approval of the Holding Company, change the location of the main office of the Company to any city within the Emirate. 42 Objectives of the Company Article (4) • The objective of the Company is to develop, build, finance, operate, maintain, manage and own nuclear reactors for peaceful purposes, for the purposes of power generation and water desalination, and to carry out all other necessary and related activities in a manner that does not contradict the provisions of the aforesaid Federal Law by Decree No. (6) of 2009. • The Company shall assume all the objectives stated in its Articles of Association, particularly: 1. Establish companies or contribute to them, and engage in commercial and industrial activities inside and outside the State. 2. Own, lease, rent, dispose of, develop and invest in movable and immovable funds within the limits of the objectives prescribed for it. 3. Own, rent and lease ships, tankers and all other means of transportation to export and transport nuclear materials or nuclear waste, and import materials needed to generate nuclear energy. 4. Borrow funds from third parties, issue guarantees and grant any other guarantees, including mortgages on the Company's movable and immovable assets and funds in accordance with the legislations in force. 5. Open bank accounts and keep them at banks. 6. Carry out any other functions related to the Company's objectives and activities that it deems necessary to achieve its objectives. 7. Any other competencies assigned by the Supreme Council for Financial and Economic Affairs or the Holding Company. Capital of the Company Article (5) 1. The authorised capital of the Company was specified at five hundred million Dirhams (500,000,000) and the nominal value of the share is (100) Dirhams. 2. The issued capital of the Company was specified at three hundred seventy 43 million Dirhams (370,000,000), divided into (3,700,000) shares. 3. All the Company’s shares, upon its establishment, shall be wholly owned by the Holding Company. 4. The Company's capital may be increased or decreased by a decision of the Holding Company. 5. The Holding Company may transfer some or all of its shares to any other entity or shareholder, and may also offer the Company's shares for public and private subscription, and list or merge its shares in one of the stock exchanges in accordance with the Company’s articles of association. Board of Directors Article (6) 1. The Company shall be managed by a Board of Directors consisting of at least five members, including the Chairman and his deputy. Their appointment and determination of their fees and remuneration shall be issued by a decision from the Holding Company. The Company’s articles of association shall indicate the procedures for convening the Board of Directors and method of voting on its resolutions. 2. The term of membership of the Board of Directors shall be three years, renewable automatically, unless a resolution is issued by the Holding Company otherwise. 3. The Board of Directors may delegate any of its members, committees, or any of the Company’s senior employees, with any of the powers and authorities specified for it in this Law or the Company’s articles of association, and shall define the principles and rules for exercising such powers. Competencies and Powers of the Board of Directors Article (7) The Board of Directors shall assume all functions and exercise all necessary powers and competencies to achieve the objectives of the Company in accordance with the provisions stipulated in this Law and in the Company’s 44 articles of association. In particular, it may: 1. Carry out all acts and functions on behalf of the Company as the Company is authorised thereto. 2. Suggest the Company's general strategic plan and submit it to the Holding Company for approval. 3. Suggest the Company's articles of association and submit them, in addition to any amendments thereto, to the Holding Company for approval. 4. Develop the Company's strategies, plans and programmes and follow their implementation to achieve its objectives. 5. Conclude agreements and contracts with natural or legal persons for the purchase and sale of goods and services, and with any of the public or private sector entities inside and outside the State within the Company’s competencies. 6. Suggest the Company's budget, final accounts and financial statements for each fiscal year and submit them for approval by the Holding Company. 7. Borrow from banks and other financing entities, and issue bonds, debt instruments and sukuk inside and outside the State to finance the Company’s projects and activities, in accordance with the legislations in force and the rules and procedures set by the Holding Company. 8. Issue policies, procedures, and rules related to administrative and financial affairs, procurement, tenders and human resources affairs in accordance with the rules and procedures set by the Holding Company. 9. Initiate all lawsuits, judicial procedures and arbitration proceedings related to the Company's activity. 10. Any other competencies or tasks assigned by the Holding Company. Auditor Article (8) The Company shall appoint one or more certified auditors, and the Company’s articles of association shall specify the method of their appointment and determine their fees. 45 Duration of the Company Article (9) The duration of the Company shall be ninety-nine (99) Gregorian years, starting from the date of its registration in the Commercial Register, to be renewed automatically for other periods according to the provisions of the Company's articles of association. Fiscal Year Article (10) The fiscal year of the Company shall begin from the first of January and end on December 31st each year, with the exception of the first fiscal year which shall begin from the date of registration of the Company in the Commercial Register and end on December 31st of the following year. Final Provisions Article (11) • All licences, permits, exceptions or approvals issued by the federal and local governmental entities in the State that the Corporation had on the date of issuance of this Law, shall continue to be in effect and shall remain valid after the enforcement of its provisions. • Changing the legal form of the Corporation in accordance with the provisions of this Law shall not prejudice any of its obligations or the obligations of the subsidiary companies in accordance with the agreements, contracts and documents concluded by the Corporation. • The regulations, by laws and resolutions in force in the Corporation shall remain enforceable to the extent that is not contrary to the provisions of this Law, until the issuance of the regulations, rules and resolutions of the Company. • The national employees of the Company shall be subject to the Civil Retirement Pensions and Benefits Law in force in the Emirate. 46 Repeal of Violating Provisions Article (12) • Aforesaid Law No. (21) of 2009 shall be repealed. • Any provision contrary to the provisions of this Law shall be repealed. Entry into force and Publication Article (13) This Law shall be effective from the date of its issuance and published in the Official Gazette. Khalifa bin Zayed Al Nahyan Ruler of Abu Dhabi Issued by us in Abu Dhabi On: 26 August 2021 Corresponding to: 17 Muharram 1443 Hijri 47 Crown Prince Chairman of the Executive Council Resolutions 49 eht fo namriahC ecnirP nworC snoituloseR licnuoC evitucexE Chairman of the Executive Council Resolution No. (25) of 2021 Concerning the Formation of the Board of Directors of Abu Dhabi Chamber of Commerce and Industry We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the Reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law No. (27) of 2005 concerning the reorganisation of Abu Dhabi Chamber of Commerce and Industry and its amendments; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) The Board of Directors of Abu Dhabi Chamber of Commerce and Industry shall be reformed under the chairmanship of Mr. Abdullah Mohammed Al Mazrouie, and the membership of each of: 1. Dr. Ali Saeed Bin Harmal Al Dhaheri, First Vice-Chairman 2. Yusuf Ali Musaliyam Veettil Abdul Kader, Second Vice-Chairman 3. Masood Rahma Al-Masaood Al-Muhairbi, Treasurer 4. Saeed Ghumran Saeed Salem Al-Rumaithi, Vice-Treasurer 5. Saeed Sultan Rashed Al-Dhaheri 6. Khaled Abdul Karim Ismael Al-Fahim 7. Khalifa Seif Darwish Al-Ketbi 8. Shames Ali Khalfan Al-Dhaheri 9. Ahmed Khalifa Mohammed Obaid Al-Muhairi 10. Ala’a Mohammed Eraiqat 11. Talal Shafiq Al Dhiyebi 51 12. Nour Mohammed Abdullah Al Tamimi 13. Marwa Abdulla Jumaa Al Mansoori 14. Jasim Hussein Ahmed Thabet 15. Khadija Ali Mohammed Abdul Rahman Al Amiri 16. Bassam Adeeb Amin Chilmeran 17. Fouad Fahmi Darwish 18. Hatem Mohammed Jalal Ahmed Dowidar 19. Khalid Anib 20. Yasser Nasr Mahmoud Zaghloul 21. Waseem Mohammed Salah Din Al-Halabi 22. Amer Fayez Kakish 23. Syed Basar Shueb Syed Shueb 24. Rashed Mikati 25. Alan Lesley Smith 26. Karl Magnus Olsson 27. Elias Nabil Habib Article (2) The term of membership of the Board shall be three renewable years. Article (3) This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 25 July 2021 Corresponding to 15 Dhi Al-Hijjah 1442 Hijri 52 Chairman of the Executive Council Resolution No. (26) of 2021 Concerning the Chairman and Member of the Board of Directors of Etihad Airways Group We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council, Having reviewed: • Law No. (1) of 1974 concerning the Reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments; • Law no. (6) of 2014 concerning the Establishment of Etihad Airways Group, “Public Joint Stock Company”; • Chairman of the Executive Council Resolution No. (2) of 2021 concerning the reformation of the Board of Directors of Etihad Airways Group; and • Based on what was presented to and approved by the Executive Council; Issued the following Resolution: Article (1) • H.E. Mohammed Ali Mohammed Al Shorafa Al Hamadi shall be appointed as the Chairman of the Board of Directors of Etihad Airways Group to replace H.E. Mohammed Mubarak bin Fadel Al Mazrouei. • Mrs. Elena Sorlini shall be appointed as a Member of the Board of Directors of Etihad Airways Group. Article 2 This Resolution shall be effective from the date of its issuance and published in the Official Gazette. Mohamed bin Zayed Al Nahyan Crown Prince Chairman of the Executive Council Issued by us in Abu Dhabi On: 15 August 2021 Corresponding to: 6 Muharram 1443 Hijri 53 Executive Council Resolutions 55 snoituloseR licnuoC evitucexE Executive Council Resolution No. (149) of 2021 Concerning the Electric Car Charging Tariff The Executive Council has decided the following: 1. The approval of the application of a special tariff for charging electric cars of (30) fils per kilowatt-hour. 2. To instruct the Department of Energy to take the necessary action and carry out the procedures for applying the tariff in accordance with the applicable regulations and in coordination with the relevant authorities Dr. Mohammed Rashid Al Hamli Secretary-General Issuance Date: 04 August 2021 Corresponding to: 25 Thu Al Hijjah 1442 Hijri 57 Circulars 59 sralucriC Date: 10/05/2021 Circular No. (7) of 2021 Concerning the Governmental Facilities Management Contracts Executed by Abu Dhabi General Services Company - Musanada To all the government entities in the Emirate of Abu Dhabi, Peace be upon you, and God's mercy and blessings, We are pleased to greet you and to extend our sincere gratitude for your continuous cooperation to realise the public interest. Based on the keenness of Abu Dhabi government to manage governmental facilities in accordance with best practices, and based on the framework agreement signed by Abu Dhabi Government with Al Dar Properties, which included the management of governmental facilities implemented by Abu Dhabi General Services Company - Musanada for the benefit of governmental entities, and based on the approval of the Executive Committee, we kindly urge you to abide by the following: 1. Provide Al Dar Properties with all contracts of governmental facilities management projects to be reviewed by it, and transfer any of these projects to Al Dar Properties or to Provis Integrated Management Services - One Person Company L.L.C. or any company subsidiary of Al Dar Properties, according to what is agreed upon between you and the Company 2. The total cost of managing governmental facilities concerning any contracts transferred to Al Dar Properties shall be calculated as follows: • The actual costs of managing governmental facilities plus a fee of 8% of the cost value (if the total value of these costs exceeds AED 500,000,000 in the relevant Gregorian year). • The actual costs of managing governmental facilities plus a fee of 10% of the cost value (if the total value of these costs is equal to or less than AED 500,000,000 in the relevant Gregorian year). 3. The billing process of the costs of managing governmental facilities shall be as follows: • Al Dar Properties shall issue separate tax invoices to the concerned governmental entity for individual assignments for each governmental 61 facility management project based on the actual cost of managing governmental facilities in addition to a fee of 8% per month, payable within 20 days from the date of issuance of the invoices. • The final settlement shall be made at the end of each fiscal year in Abu Dhabi government in line with the financial limits referred to regarding the cumulative actual costs of the relevant Gregorian year. If, after settlement, it is decided to apply the fees for managing governmental facilities at a rate of 10% for the Gregorian year, a separate invoice will be issued for the due share of governmental facilities management costs to the concerned governmental entity. We value your efforts and thank you for your cooperation For your necessary action May Allah guide you Dr. Mohammed Rashid Al Hamli Secretary-General For general enquiries: Please contact Eng. Maysara Mahmoud Eid on telephone number: 02-6688888 or by e-mail: Infra&EnvOperations@ECOUNCIL.AE 62 63 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 26669981Referenced legislation
- Federal Law by Decree No. (6) of 2009 (unresolved)
- Law No. (24) of 2020 concerning the Supreme Council for Financial and Economic Affairs (unresolved)
- Law No. (21) of 2009 concerning the Establishment of Emirates Nuclear Energy Corporation (unresolved)
- Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments (unresolved)
- Law No. (8) of 2018 concerning the Establishment of the Department of Culture and Tourism (unresolved)
- Law No. (1) of 2017 concerning the Financial System of Abu Dhabi Government (unresolved)
- Law No. (8) of 2018 (unresolved)
- Law no. (6) of 2014 concerning the Establishment of Etihad Airways Group, “Public Joint Stock Company”; (unresolved)
- Law No. (12) of 2007 concerning the Media Zone Authority - Abu Dhabi (unresolved)
- Law No. (8) of 2018 (unresolved)
- Law No. (1) of 1974 concerning the reorganisation of the Governmental body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Federal Law by Decree No. (6) of 2009 concerning Peaceful Uses of Nuclear Power (unresolved)
- Law No. (27) of 2005 concerning the reorganisation of Abu Dhabi Chamber of Commerce and Industry (unresolved)
- Law No. (8) of 2018 (unresolved)
- Federal Law No. (2) of 2015 concerning Commercial Companies and its amendments (unresolved)
- Law No. (1) of 1974 concerning the Reorganisation of the Governmental Body in the Emirate of Abu Dhabi and its amendments (unresolved)
- Chairman of the Executive Council Resolution No. (23) of 2018 concerning the Additional Competencies of the Department of Culture and Tourism (unresolved)
- Law No. (2) of 2018 concerning the Establishment of Abu Dhabi Developmental Holding Company “Public Joint Stock Company”; (unresolved)
- Law No. (2) of 2000 concerning the Civil Retirement Pensions and Benefits in the Emirate of Abu Dhabi and its amendments (unresolved)
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Abu Dhabi Official Gazette - 2021 Edition 8
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