Federal Law No

And according to the suggestion of the Minister of Culture and Knowledge Development, the approval of the Cabinet and the Federal National Council and the ratification of the Federal Supreme Council,

In the implementation of the provisions of this Law, the following words and expressions shall have the meanings stated beside them unless the context requires otherwise:

State: The United Arab Emirates.

Ministry: Ministry of Culture and Knowledge Development.

Minister: Minister of Culture and Knowledge Development.

Competent Authority: Local authority concerned with Antiquities in each Emirate.

Antiquity: a- Fixed or non-fixed object produced, constructed, made, sculpted, engraved, written, painted, photographed, modified, excavated or inhabited by humans, formed naturally within the territory of the State one hundred years ago, or disclosed whether on the surface or inside the earth, in internal or territorial waters, whenever it represents a rare and unique value from the historical, artistic, scientific, literary, religious, natural, architectural or structural value or from any other aspect affecting humanity, or constituting a manifestation of the civilised development of the State, including any part added thereto after that date, without prejudice to the basic formative structure thereof and becoming an integral part of the same.

b- Human, animal or plant remains of rare or unique value dating back to 600 AD.

c- All that is considered by the Ministry or the Competent Authority as a national Antiquity according to the federal or local legislation in force.

Fixed Antiquity: Immovable Antiquity fixed to the land.

Non-Fixed Antiquity: Movable Antiquity separate from the land, of which the place may be changed without affecting it, or affecting any of the Antiquities related thereto or the place where it was found.

Preservation of Antiquities: Preserving, maintaining and restoring their natural state, preventing the causes of pollution, leakage as well as the risks of industry and agriculture, changing the historical and archaeological environment thereof and achieving balance between the modern architecture requirements and the historical nature of the Archaeological Sites.

Archaeological Site: Area containing Antiquities in the Emirate, of which the borders are limited by the Competent Authority according to its legislation in force and the circumstances of each site apart.

Archaeological Excavations: Exploration, drilling and excavation works and other works aimed at finding Antiquities.

Excavation Delegation: A team of experts, specialists and researchers authorised to prospect for Antiquities, belonging to national or foreign authorities, institutions, universities, institutes or museums.

National Record: Record containing data and information on the Antiquities in the State, and any maps, documents and other items related thereto as specified by the Ministry.

Local Record: Record containing data and information on the Antiquities in the Emirate, and any maps, documents and other items related thereto as specified by the Competent Authority.

1- Preserving the fixed and non-fixed Antiquities at the State in order to promote the national identity and preserve the cultural heritage.

2- Exploring and prospecting Antiquities for the purpose of reviving and enriching the national heritage of the State.

The provisions of this Law shall apply to national Antiquities and not foreign Antiquities except where expressly stipulated in this Law.

The Ministry shall prepare the National Record where it shall register, strike off and amend the data stated therein based on notifications provided by the Competent Authority and according to the rules and procedures issued under a decision by the Minister.

The Antiquities and Archaeological Sites in each Emirate shall be considered public property, unless they are owned by a third party according to the rules issued by a decision from the Minister.

The Ministry shall work in coordination with the National Emergency, Crisis and Disaster Management Authority and the Competent Authority in times of crises and disasters, including the preparation of contingency plans in this regard.

The Ministry shall, in cooperation with the Competent Authority:

1- Restore the Antiquity that is lost or smuggled outside the State and return it to the entity to which it belongs.

2- Assist in finding, seizing and returning the foreign Antiquity smuggled inside the State to the entity to which it belongs, according to the ratified international or bilateral agreements or according to the reciprocity clause, otherwise it shall be confiscated in favour of the Emirate where it was seized.

The Competent Authority may display some of the Antiquities outside the State provided that they are not subject to damage, loss or theft. It may also enter some non-fixed Antiquities in cooperation with the foreign States, museums and scientific institutes for the purpose of temporary display.

The Competent Authority shall notify the Ministry upon organising activities related to the Antiquities abroad or upon hosting such activities in the concerned Emirate.

The entity owning the Antiquity shall maintain and restore the same and the Ministry may provide technical or financial assistance upon the request of the entity owning the Antiquity, all according to the rules and procedures determined by the Ministry.

Whoever owns an Antiquity shall present it to the Competent Authority at the Emirate where it is located and register it in the Local Record within a period not exceeding two years from the date of entry into effect of this Law, unless the Competent Authority specifies a longer period.

Whoever explores or finds an Antiquity unintentionally or becomes aware of the presence thereof, shall refrain from touching it and shall notify the Competent Authority, the Ministry or the closest police station within (24) hours from the date of exploring or finding the same or being aware of the presence thereof. The Ministry or the police station shall notify the Competent Authority within (24) hours from the date of notification. The legislation in force in each Emirate shall determine the procedures to be taken by the Competent Authority in this regard and the latter shall grant the explorer or the person aware of the presence of the Antiquity and who notified the Competent Authority about it, a proper reward to be determined by the Competent Authority.

It shall be prohibited to carry out any work that involves damage or alteration to the Antiquities or their locations in any way. It shall also be prohibited to place signs and advertisements on the Antiquity except according to the rules and conditions determined by the Competent Authority in this regard.

1- It shall be prohibited to sell or transfer the ownership of Antiquities without a licence or permit from the Competent Authority.

2- If the owner of one of the registered Antiquities wishes to sell the same, he shall present it to the Competent Authority for ownership by the latter according to the legislation in force in this regard. If the Competent Authority does not wish to own such Antiquity, the owner may sell it to another national provided that he notifies the authority of the name of the new owner and his place of residence within one week from the date of disposal thereof, in order to register such change in the Local Record according to the legislation in force, without prejudice to the obligations of registration by the new owner.

3- The provisions of the above-mentioned two clauses shall not apply to the transfer of ownership of the registered Antiquities owned by one family, among the members of such family up to the second degree, provided that they are registered in the Local Record.

It shall be prohibited to trade in Antiquities without a licence or permit from the Competent Authority according to its legislation in force, except for trading in Antiquities that the Competent Authority authorises, according to the said legislation, the non-need of registration of the same in writing. The Implementing Regulation of this Law shall regulate the provisions of trading in such type of Antiquities.

It shall be prohibited to forge or counterfeit the data and documents related thereto.

It shall be prohibited to export, import, enter to or remove the Antiquities from the State without the licence or permit of the Competent Authority and according to its legislation in force.

1- If any entity other than the Competent Authority seizes a stolen, smuggled, counterfeited or unlawfully possessed Antiquity, it shall preserve the same and hand it over to the Competent Authority.

2- If the Antiquity referred to in Clause (1) of this Article is personal and was lost, the Competent Authority shall return it to the rightful party according to the legislation in force.

The ownership of the land shall not grant its owner the right of ownership of the Antiquities present therein nor grant him the right to prospect for Antiquities or change the characteristics thereof in any way. The Competent Authority may evict the occupants of the Archaeological Sites in the Emirate or expropriate the same according to the legislation in force.

The Competent Authority shall estimate a fair compensation to the owner of the Archaeological Site that is expropriated without linking such estimation to the value of the Antiquities present in the site.

It shall not be permissible to implement the major developmental or construction projects or those related to infrastructure works unless the Competent Authority carries out archaeological surveys of the areas covered by the implementation of such projects according to the procedures in force at the Competent Authority.

The Town Planning Department, Municipalities and other relevant entities shall, in coordination with the Competent Authority, take the necessary measures to preserve the Archaeological Site, upon setting the planning projects including finding a non-built campus around the Archaeological Site.

It shall be prohibited for the Archaeological Site to be a warehouse for rubble or waste, have a building, cemetery or irrigation means erected thereon, have a road or canal made therein, be excavated or planted, have trees cut therefrom, or have a stone quarry or other things that would change or damage the Archaeological Site and it shall be prohibited to use the ruins of such sites.

It shall be prohibited to establish heavy or dangerous industries, military or vital installations in the areas surrounding the Archaeological Sites, endanger the same or use them as a dumping site for waste or rubble, as an animal shelter or any other use that would damage or harm the Archaeological Site. The Competent Authority shall determine the area surrounding the Archaeological Site and show it on the planning maps in coordination with the competent entities. It shall, in coordination with such entities, set the necessary rules and restrictions for the development or infrastructure works related thereto or to the surrounding area, show the authorised uses especially those related to construction or maintenance licences in the areas close to the Archaeological Sites.

The Competent Authority shall determine the easements of the fixed registered Antiquities and shall register such easements and compensate the damaged party according to the local legislation in force.

Without prejudice to the provisions of Articles (14) and (16) of this Law, it shall be prohibited to dispose of the Non-Fixed Antiquity owned by the Emirate or the State, except for removing the Antiquity from the State for the purpose of display, restoration, study or any other purpose, for a period not exceeding (5) years renewable for other similar periods, by a decision from the Minister in case the Antiquity is owned by the State, and according to the local legislation and rules in force if owned by the Emirate, taking in consideration the notification of the Ministry of the actions taken in this regard.

1- The Competent Authority may examine the Non-Fixed Antiquity owned by the persons to be studied scientifically, to ensure the condition thereof or make a copy or drawing thereof. The Competent Authority or the Ministry may, after coordination with the owner of the Antiquity, borrow the Antiquity deemed to have a national character to be displayed temporarily in a museum or exhibition, provided that it is returned to the owner thereof in its initial condition after completion of the purpose for which it was borrowed according to its legislation in force.

2- The Competent Authority may purchase the Antiquity referred to in Clause (1) of this Article according to considerations related to the public benefit, provided that the value thereof is estimated by a specialised committee formed by the Competent Authority and joined by a specialised expert with the knowledge of the owner.

3- The Competent Authority may accept the waiver of the Antiquity owned by the owner by means of donation, sale at a nominal value or placement of the Antiquity under its disposal for a period specified by it under agreement with the owner of the Antiquity.

1- Whoever acquires a Non-Fixed Antiquity shall preserve it and not make any change thereto.

2- The owner of the Non-Fixed Antiquity shall notify the police station immediately if such Antiquity was subject to loss or theft.

3- If the Non-Fixed Antiquity was subject to damage, the owner thereof shall notify the Competent Authority within three days, and the local legislation in force shall determine the procedures to be taken in this regard.

4- The owner of the Non-Fixed Antiquity shall keep the ownership documents in order to prove the Antiquities owned by him, and the Competent Authority shall have the right to peruse and inspect such documents.

1- Archaeological Excavations shall fall within the competence of the Competent Authority and the Ministry may, upon the request of the Competent Authority, carry out excavation works by itself or through Excavation Delegations according to the provisions of the local legislation in force.

2- The Cabinet shall determine, upon the suggestion of the Ministry and in coordination with the Competent Authorities, the procedures to be taken if the Antiquity is shared by more than one Emirate.

The Excavation Delegations and the entities authorised to carry out excavation works shall abide by the instructions issued by the Ministry and the Competent Authority, especially concerning the following:

1- Handing over the explored Antiquities to the Competent Authorities.

2- Registering the explored Antiquities as soon as possible in a special record provided by the Competent Authorities to the Excavation Delegations.

3- Taking necessary care to preserve the explored Antiquities without any damage or modification thereto.

4- Submitting a monthly report to the Competent Authority on the excavation works.

5- Not broadcasting or publishing anything related to the excavations.

6- Enabling the Competent Authorities to view and supervise the excavation stages.

7- Not waiving the excavation licence to third parties.

The Competent Authority shall suspend the excavation works if the said obligations were breached.

The Competent Authority may suspend such works for the safety of the delegation authorised to carry out excavation works or for national security requirements.

The Competent Authority shall provide the Ministry with copies of the agreements or licences related to the prospecting of Antiquities within the scope of its competence, in addition to copies of the reports and researches submitted by the licensed Excavation Delegations or entities, without prejudice to the right of publication limited to the Competent Authority. The Ministry shall abide by the confidentiality of the data provided in case they are of confidential nature.

The Customs Departments shall temporarily release the Antiquities entered for the purpose of temporary display in museums, exhibitions or other artistic works related to Antiquities, as well as the Antiquities retrieved after restoration, study or display outside the State.

The Customs Departments shall release the Antiquities entered illegally according to the prescribed procedures.

The Ministry and the Competent Authorities shall rehabilitate and train the national cadres in the field of prospecting and Preservation of Antiquities.

Whoever steals an Antiquity or a part thereof, or hides the same with the purpose of expropriation or illegal possession thereof, shall be punished by temporary imprisonment and a fine not less than two hundred thousand Dirhams and not exceeding five hundred thousand Dirhams.

Shall be punished by imprisonment for a period of not less than two years and a fine not less than five hundred thousand Dirhams and not exceeding ten million Dirhams, or by one of these penalties, whoever intentionally commits any of the following acts:

1- Demolishing, destructing or deforming an Antiquity.

2- Levelling an Archaeological Site, building installations thereon, planting, uprooting plants therefrom or making a change in its form.

3- Carrying out excavation works without a licence from the Competent Authority.

4- Smuggling Antiquities to inside or outside the State, or providing any incorrect data or documents for the purpose of entering or exiting the same.

5- Falsifying a national or foreign Antiquity for the purpose of deceiving others.

In all events, it shall be ruled to confiscate the Antiquity covered by the crime, as well as the tools, machines and means used in the same, without prejudice to the rights of others with good intention.

Shall be punished by imprisonment and a fine not less than one hundred thousand Dirhams and not exceeding three hundred thousand Dirhams, or by one of these penalties, whoever intentionally commits any of the following acts:

1- Violating the licensing requirements for the prospecting of Antiquities.

2- Taking, transporting or using ruins or archaeological stones from an Archaeological Site without a licence from the Competent Authority.

Shall be punished by imprisonment for a period not exceeding two years and a fine not less than fifty thousand Dirhams and not exceeding two hundred thousand Dirhams, or by one of these penalties with the possibility of confiscation of the seized items, whoever intentionally commits any of the following acts:

1- Acquiring an Antiquity and failing to register the same within the period specified in Article (11) of this Law.

2- Disposing of the Antiquities without a licence or permit from the Competent Authority.

3- Providing any false or incorrect information or documents to obtain the registration or licence.

4- Placing advertisements, posters or writings on the Antiquity or painting the same.

The imposition of the penalties set forth in this Law shall not prejudice any other more severe penalty stipulated in another Law.

Every Antiquity seized or confiscated under the provisions of this Law shall be handed over to the Competent Authority to which it belongs or where the seizure took place, in case the owner thereof is not known, unless the owner smuggled the Antiquity then it shall be handed over to the Competent Authority at the Emirate where the owner of the Antiquity resides.

The employees specified by a decision from the Minister of Justice, under agreement with the Minister or the Competent Authority, shall have the capacity of judicial officers as per proving the violations occurred to the provisions of this Law and the decisions issued in implementation thereof, within the jurisdiction of each.

Without prejudice to the competencies of any other entities stated in this Law, the Cabinet shall issue, upon the suggestion of the Ministry, the Implementing Regulation of this Law within six months from the date of its entry into effect.