Federal Decree Law No. 16
Issued on 23/09/2018.
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:
Article 1 - Definitions
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.
Article 6 - Leasing
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.
Article 11 - Title 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.
Article 16 - Penalties
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.
Article 19 - Abrogation
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.

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