Corresponding
to 15 Muharram 1438H.
ON
THE ESTABLISHMENT OF ANWAR GARGASH DIPLOMATIC ACADEMY
(AGDA)
Cabinet
Decision No. 29 dated
19/8/2014
Federal
Decree-Law No. 3 dated
11/07/2021
We,
Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates,
-
After perusal of the Constitution,
-
Federal Law No. 1 of 1972 on Competencies of the Ministries and Powers of the
Ministers and its amendments;
-
Federal Law No. 4 of 1992 on the establishment and organisation of the Ministry
of Higher Education and Scientific Research;
-
Federal Law No. 45 of 1992 on the Regulation of the Ministry of Foreign Affairs
and its amendments;
-
Federal Law No. 4 of 1998 on the Regulation of the Diplomatic and Consular Corps
and its amendments;
-
Federal Law No. 7 of 1999, promulgating the Pensions and Social Insurance Law
and its amendments;
-
Federal Law No. 11 of 2008 on Human Resources in the Federal Government and its
amendments;
-
Federal Law No. 1 of 2011 on the General Revenues of the UAE;
-
Federal Law No. 8 of 2011on the Re-organisation of the State Audit
Institution;
-
Federal Law Decree No. 8 of 2011 on the Rules for the Preparation of the Public
Budget and Final Accounts;
-
Federal Law No. 12 of 2014 on the regulation of the auditing profession;
and
-
Based on the proposal of the Minister of Foreign Affairs and International
Cooperation, the approval of the Council of Ministers and the Federal National
Council, and the ratification of the Federal Supreme Council;
Have
issued the following Law:
The
following terms and expressions shall have the meanings assigned thereto, unless
the context requires otherwise:
State:
United Arab Emirates.
Ministry:
Ministry of Foreign Affairs and International Cooperation.
Minister:
Minister of Foreign Affairs and International Cooperation.
Academy:
Anwar Gargash Diplomatic Academy
(AGDA).
Board:
Board of Trustees of the Academy.
Chairman:
The Chairman of the Board.
Director-General:
Director-General of the Academy.
Establishment
of the Academy and Two Objectives and Competencies Thereof
Article
2 - Establishment of the Academy
An
academy called the "Anwar Gargash Diplomatic
Academy"
shall be established under this Law, and shall enjoy legal personality. It shall
have financial and administrative autonomy and full legal capacity to act in a
manner to ensure the achievement of its objectives.
Article
3 - Headquarters of the Academy
The
headquarters of the Academy shall be in the Emirate of Abu Dhabi. Branches or
offices thereof may be established within the State by a decision of the
Board.
1.
Support the Ministry in the field of international and diplomatic relations, and
international cooperation to achieve the State strategy.
2.
Work on the qualification, training and upgrading of the members of the
diplomatic and consular corps and employees of the Ministry and other concerned
entities.
3.
Build a knowledge and advisory base in the field of international and diplomatic
relations.
Article
5 - Competencies of the Academy
The
Academy shall have the following powers:
1.
Increasing and developing knowledge, and showing the role of the State in the
field of international and diplomatic relations, and related sectors.
2.
Preparing and qualifying members of the diplomatic and consular corps and
employees of the Ministry and students in the Academy from the other Ministries
and entities, including the technical and military attachés in the fields
of international and diplomatic relations.
3.
Preparing and implementing educational and training programs in the diplomatic
fields in their political, economic, social, legal, protocol, security and
technical dimensions, in accordance with the emerging requirements of the
diplomatic personnel and in line with the foreign policy of the State, in
coordination with the relevant authorities.
4.
Granting scientific degrees and certificates in accordance with the laws and
regulations in force in the State.
5.
Holding and participating in conferences, seminars, meetings and
workshops.
6.
Providing advice in the areas of the work of the Academy to any local or
international entity.
7.
Issuing and publishing publications including research and studies and what is
to be published about the activities of the Academy, as required by the nature
of the work of the Academy.
8.
Cooperating with the official and private entities related to its objectives
within and outside the State.
9.
Concluding agreements and memorandums of understanding with scientific and
academic institutions inside and outside the State for cooperation in the fields
of curricula, training, dissemination of scientific production, research and
exchange of faculty members.
10.
Acting as a think tank and a centre for studies, preparation and financing of
research and reports on international and diplomatic relations and monitoring
attitudes and views on the most important issues of concern to the State.
11.
Providing technical and advisory support to the Ministry.
Any
other tasks assigned thereto by the Minister or the Board.
Management
of the Academy
Article
6 - Board of Trustees of the Academy
1.
The Academy shall be managed by a Board of Trustees, chaired by the Minister and
composed of a number of experienced and competent members, including two members
of the current and former diplomatic and consular corps. Their appointment and
determination of their number and remuneration shall be made by a decision of
the Council of Ministers.
2.
The term of membership shall be three years, subject to renewal for other
similar periods.
3.
The Director-General shall attend the meetings of the Board of Trustees,
participate in the discussion, and present what he deems without having a
counted vote.
4.
The Board shall have a Secretary who shall prepare its agenda in coordination
with the Chairman or his delegate, record the minutes of its meetings and follow
up the implementation of its decisions without having a counted vote in the
deliberations.
5.
The Board shall issue the by-laws of its working system, the procedures of its
meetings and the manner of voting on its resolutions. It may invite those it
deems appropriate to attend its meetings without having a counted vote.
Article
7 - Advisory Board of the Board of Trustees
The
Board may form or appoint an advisory body entrusted with the study of certain
subjects within its competence and submit its recommendations thereto to decide
what it deems appropriate. The Board shall issue the necessary decisions to
regulate the progress of the work.
Article
8 - Competencies of the Board of Trustees
The
board is the supreme authority responsible for the affairs of the Academy, the
conduct of its affairs, the achievement of its objectives and the implementation
of the policies for which it was established. In particular, it may:
1.
Set the general policy of the Academy in the light of the State strategy and
foreign policy and supervise its implementation.
2.
Approve the plans and programs of the Academy, review and evaluate the extent of
their application on an annual basis.
3.
Adopt admission policies, study systems and programs, and graduation
requirements.
4.
Adopt the system of tuition fees and training programs and services performed by
the Academy.
5.
Adopt a system of rewarding lecturers, trainers, technical supervisors and the
incentive system and determine the rewards granted to those in charge of
academic affairs and researchers.
6.
Approve the granting of degrees and scientific certificates in accordance with
the regulations and instructions issued by the Board in this regard.
7.
Delegate some of the academic competencies related to the qualification,
training and preparation of diplomats and employees in the Ministry and students
of the Academy to a local or international entity to provide educational
programs, qualification and training in the Academy and conclude the necessary
agreements.
8.
Approve the organisational structure of the Academy and the administrative,
technical, financial and human resources regulations.
9.
Approve the draft annual budget and final account of the Academy and submit them
to the Council of Ministers for approval.
10.
Appoint senior officials of the Academy in accordance with its organisational
structure and determine their remuneration, salaries and allowances.
11.
Appoint internal and external auditors for the accounts of the Academy,
consultants and experts and determine their fees.
12.
Approve the opening of the bank accounts of the Academy and identify those
authorized to manage and dispose of them.
13.
Approve the ownership, rent and lease of real estate for the work of the
Academy.
14.
Appoint the Secretary of the Board.
15.
Accept or reject donations, gifts or grants granted to the Academy.
16.
Any other tasks assigned thereto by the Minister.
Article
9 - Authorization to Exercise the Powers of the Board
The
Board may delegate some of its members or one of its committees to exercise some
of its functions.
Article
10 - Director-General of the Academy
The
Academy shall have a Director-General who shall be appointed by a decision of
the Chairman after the Board’s approval.
Article
11 - Competencies of the Director-General of the Academy
The
Director-General shall exercise the necessary powers to manage the Academy and
supervise its affairs and represent it in its relations with others and before
courts. In particular, it shall have the following powers:
1.
Prepare plans and strategies and submit them to the Board for approval and
follow up their implementation.
2.
Prepare bylaws and regulations related to financial, administrative and
technical affairs, human resources, organisational structure and job description
and submit them to the Board for approval.
3.
Prepare plans and programs of work and related projects and submit them to the
Board for approval.
4.
Propose the plans and programs of the Academy as well as admission policies,
study systems and graduation requirements and submit them to the Board for
approval.
5.
Prepare the draft annual budget and final account of the Academy and submit them
to the Board.
6.
Supervise the organisational departments and units of which the Academy is made
up and prepare periodic and annual reports related to all the activities and
events of the Academy and submit them to the Board.
7.
Appoint the staff of the Academy and issue decisions concerning their functional
affairs in accordance with the administrative and financial regulations of the
Academy.
8.
Approve financial transactions as stipulated in the financial regulations in
force at the Academy.
9.
Propose a system of tuition fees and training programs and services performed by
the Academy and submit them to the Board for approval.
10.
Any other tasks assigned thereto by the Board.
Article
12 - Administrative and Academic Staff of the Academy
The
Academy shall have an administrative and educational staff with outstanding
academic qualifications and diplomatic experience, and its members shall be
appointed according to the Academy's Human Resources Regulation.
Article
13 - Delegation of Some of the Powers of the Director-General
The
Director-General may delegate some of his powers to one or more senior officers
of the Academy as determined by the Academy's Regulations.
Article
14 - Financial Resources of the Academy
The
financial resources of the Academy shall consist of the following:
1.
The annual appropriations allocated thereto in the general budget of the
State.
2.
Savings achieved in the budget for previous fiscal years.
3.
Annual revenues and returns earned against tuition and training fees, services
performed, consultancy and research it publishes.
4.
Donations, gifts and grants approved by the Board.
5.
Any other revenue generated by the exercise of its activities.
Article
15 - Budget of the Academy
The
Academy shall have an independent budget. The fiscal year of the Academy shall
commence on the 1st of January and
end on the 31st of December of each
year. The first fiscal year shall start on the date of entry into force of this
Law and shall end on the 31st of
December of the following year.
Article
16 - Academic Funds
The
funds of the Academy shall be regarded as public funds and shall be exempted
from all fees and taxes.
Article
17 - Auditors of the Academy
1.
The Academy shall have one or more auditors who are licensed to practice the
profession in the State to audit the accounts of the Academy, provided that the
appointment of the auditor and the determination of his remuneration shall be
decided by the Board for a period of one year renewable.
2.
The appointed auditor may not combine his work with membership of the Board or
any other work in the Academy.
Article
18 - Human Resources Regulations and Financial Regulations
1.
Until the issuance of the Regulation of Employees in the Academy, the employees
of the Academy shall be subject to the provisions of the Human Resources
Regulations in force in the independent federal authorities.
2.
Tenders, auctions, purchases and contracts made or concluded by the Academy
shall be subject to special regulations established by the Board for this
purpose.
Article
19 - Regulations and Decisions
The
Chairman of the Board shall issue the regulations and decisions necessary to
implement the provisions of this Law.
Article
20 - Violation of the Provisions of the Law or Conflict Therewith
Any
provision contrary to or inconsistent with the provisions of this Law shall be
abrogated.
Article
21 - Publication of the Law and Entry into Force of its provisions
This
Law shall be published in the Official Gazette and shall come into force as of
the day following the date of its publication.
Issued
at the Presidential Palace in Abu Dhabi,
On
16 October 2016.
Corresponding to: 15 Muharram 1438H.
Khalifa
bin Zayed Al Nahyan
President
of the United Arab Emirates
The
present Federal Law was published in the Official Gazette, issue No. 606, p.
17.