Federal
Decree Law No. 16
Corresponding
to 13 Muharram 1440H.
ON
THE REAL ESTATE PROPERTIES OF THE FEDERAL GOVERNMENT
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. (5) of 1985 promulgating the Civil Transactions Law and its
amendments;
-
Federal Law No. (3) of 1987 promulgating the Penal Code and its
amendments;
-
Federal Law No. (35) of 1992 promulgating the Criminal Procedure Law and its
amendments;
-
Federal Law No. (7) of 2000 on the Emirates Real Estate Corporation,
-
Federal Law No. (8) of 2011 on the Re-organisation of the State Audit
Institution; and
-
Based the presentation of the Minister of Finance and the approval of the
Council of Ministers,
Have
issued the following Decree-Law:
In
the application of the provisions of this Decree-Law, the following terms and
expressions shall have the meanings assigned thereto, unless the context
otherwise requires:
State:
United Arab Emirates.
Government:
Federal Government of the State.
Ministry:
Ministry of Finance.
Minister:
Minister of Finance.
Federal
Government Agencies: Federal governmental ministries, agencies, institutions and
entities in the State.
The
Union’s Property: Real estate including vacant land registered in the name
of the Government or a Federal Government Agency for public benefit or any real
right in properties.
Disposal:
The establishment of a real or personal right over any of the Union's
Properties.
Article
2 - Scope of application
This
Decree-Law shall apply to all the Union's Properties in and outside the State,
unless it conflicts with bilateral or international agreements in force in the
State.
Article
3 - Exception from Scope of Application
Shall
be excluded from the following provisions of this Decree-Law:
1-
Al-waqf property entrusted to the General Authority for Islamic Affairs and
Endowments or any other Federal Government Agency.
2-
Any federal body or Union’s Property, in respect of which a Cabinet
Decision is issued to this effect.
Article
4 – Union’s Properties
The
Union’s Properties including vacant land cover the following:
1-
Properties granted by one of the Emirates to the Government or any Federal
Government Agency.
2-
Properties owned by the Government or any of the Federal Government
Agencies.
3-
Properties granted or waived by any physical or juristic person in favour of the
Government or any Federal Government Agency;
Article
5 - Disposal of the Union’s Properties
1-
Without prejudice to the provisions of Article (15) of this Decree-Law, no
Federal Government Agency may dispose of any of the Union's properties except
with the approval of the Ministry.
2-
The Ministry shall be competent to determine the governmental entities
benefiting from any of the Union's Properties in accordance with the provisions
of this Decree-Law and the decisions issued in implementation thereof.
3-
Notwithstanding the provisions of paragraph (1) of this Article, the Council of
Ministers may, after taking the views of the Ministry, entrust any Federal
Government Agency with the disposal of certain properties of the Union.
The
Ministry may, at the request of the Federal Government Agency benefiting from
some of the properties of the Union, authorise that entity to lease an office,
land, area or any other part thereof which is not utilised by that party in
accordance with the policies and procedures for the lease of government
buildings approved by the Council of Ministers.
Article
7 – Registration of the Union's Property
1-
The Union's Property shall be registered in the name of the Government in the
real estate registers of the competent local authority or the State in which the
property is located.
2-
The Ministry shall maintain a register of the Union's Properties.
3-
Notwithstanding the provisions of paragraph (1) of this article, the premises of
diplomatic missions of the State abroad may be registered in the name of the
Ministry of Foreign Affairs and International Cooperation in accordance with the
provisions of the laws in force in the country of residence.
Article
8- Disposal by Non-Governmental Agencies of the Union's Property
Subject
to the provisions of Article 6 of this Decree-Law, entities other than Federal
Government Agencies may not dispose of any of the Union's Properties except with
the approval of the Council of Ministers.
Article
9 - Competence of the Council of Ministers as regards the Union's
Properties
Based
on the recommendation of the Minister, the Council of Ministers may:
1-
Decide to destroy, reconstruct, expand, alter or change the specifications of
any of the Union's Properties.
2-
Dispose of any of the Union's Properties owned by the Government to third
parties by sale or replacement, and then ownership of the property, after being
restored to its status quo ante, shall devolve to the alienee, including the
rights without the alienee having the right to claim compensation for those
rights.
Article
10 - Authentication of the Union's Property
1-
The Ministry or the concerned Federal Government Agency shall coordinate with
the competent authority in the concerned Emirate to obtain its decision to grant
a property or its ownership to the Government so as to establish Union's
Property thereon or dispose of the same. The Ministry shall complete all
procedures and documents related thereto.
2-
The Ministry shall coordinate with the Ministry of Foreign Affairs and
International Cooperation to ensure that the competent authorities in the State
where the Diplomatic Mission is located issue documents and deeds of title to
diplomatic real estate and buildings in the name of the State or the Ministry of
Foreign Affairs and International Cooperation. The Ministry shall be handed over
copies of these documents and deeds.
Federal
Government Agencies that occupy federal property at the time of entry into force
of this Decree-Law shall provide the Ministry with the documents and title deeds
pertaining to such property, plus the related maps and drawings. The said
Federal Government Agencies may retain a copy thereof.
Article
12 - Recovery of the Union's Property
The
Ministry shall recover, under a written handover report, any federal property if
the Federal Government does not need it. The Council of Ministers may, upon the
recommendation of the Minister, allocate the use of such property to any other
Federal Government Agency.
Article
13 - Conditions for the Recovery of a Union Property
If
the Emirate requests the recovery of any of the properties it has granted to the
Government or any of the Federal Government Agencies, the Ministry shall
coordinate with the competent authority in the Emirate to ensure that the
application for recovery is in accordance with the following conditions and
terms:
1-
The recovery shall be for the purposes of infrastructure or public benefit of
the Emirate requesting recovery thereof.
2-
The Emirate shall compensate the Government for the property to be recovered
with similar property or fair compensation, agreed between the Government and
the local government.
3-
The approval of the recovery application shall be issued by a Cabinet
Decision.
Article
14 - Exemption from the Recovery Provision
Notwithstanding
the provisions of Article (13) of this Decree Law, the Emirate granting the
vacant land, may recover it without material compensation if it is not exploited
by the grantee, in coordination with the Ministry and the approval of the
Council of Ministers.
Article
15 - Compliance with the Provisions of the Law in the Union's Property
It
is prohibited for any physical or juristic person to possess, take possession or
dispose of any part of the Union's Property except in accordance with the
provisions of this Decree-Law or the laws in force in the State.
Without
prejudice to any more severe penalty provided for in any other law, a penalty of
imprisonment for a period not exceeding one year and a fine not exceeding
(100,000) one hundred thousand dirhams shall be imposed on any person who
violates the provisions of Article 15 of this Decree-Law. The Court shall rule
the removal of the violation at the expense of the violating entity.
Article
17 - Executive Decisions
The
Council of Ministers shall, upon the proposal of the Minister, issue the
necessary decisions to implement the provisions of this Decree-Law.
Article
18 - Transitional Provision
The
decisions and instructions relating to the Union's Property and issued before
the entry into force of the provisions of this Decree-Law shall remain
effective, in a manner not inconsistent with the provisions hereof, pending the
issuance of the necessary decisions to implement the provisions of this
Decree-Law.
Any
provision contradicting or contrary to the provisions of this Decree-Law shall
be abrogated.
Article
20 - Publication and application
This
Decree-Law shall be published in the Official Gazette and shall come into force
one month after the date of its publication.
Issued
at the Presidential
Palace in Abu Dhabi:
On 13 Muharram
1440H
Corresponding to: 23 September 2018
Khalifa
bin Zayed Al Nahyan
President
of the United Arab Emirates
The
present Decree-Law was published in the Official Gazette, issue No. 637
(Supplement) p. 101.