Decree No. (3) of 2006

Amending Decree No. (5) of 1991

Concerning the Dubai Ports Authority [1]

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Decree No. (1) of 1990 Establishing the Port Rashid Authority as amended by Decree No. (5) of 1991; and

Decree No. (4) of 1991 Concerning the Port Rashid Authority,

Do hereby issue this Decree.

Article (1)

The following words and expressions, wherever mentioned in this Decree, will have the meaning indicated opposite each of them unless the context implies otherwise:

DPA:

The Dubai Ports Authority.

Ports:

The Jebel Ali Port, Port Rashid, and Al Hamriya Port.

Article (2)

The DPA may assign one or more legal persons (the Operator(s)) to manage and perform all or part of the operations in the Ports, including capital preservation and development. The DPA may enter into any contractual arrangements required for this purpose.

The DPA will not be liable for any debts or obligations claimed from any Operator(s) or from any other party.

Article (3)

The PDA will have the powers to:

1.    develop and maintain the infrastructure and the superstructure of the Ports;

2.    issue the regulations required for the management and operations of the Ports;

3.    regulate the business and activities authorised in the Ports;

4.    establish offices and appoint representatives within and outside of the UAE for the purpose of promoting the Ports;

5.    provide all types of services to the users of the Ports; and charge and collect fees for these services;

6.    cooperate and coordinate with other entities within or outside of the UAE, and conclude agreements with these entities;

7.    establish companies wholly-owned by the DPA or hold shares in existing partnerships or in those under incorporation;

8.    finance its projects or those of any of its affiliates through any financing options, including through borrowing or providing guarantees, through issuing bonds and shares to the public, through issuing Islamic bonds (sukuk) or Islamic partnership bonds (Musharaka sukuk) , or through trading in any other financial instruments issued by any source it deems appropriate; and list such instruments in financial markets. For this purpose, the DPA may provide, or authorise its affiliates or subsidiaries to provide, any financial security, concession, or guarantee or create any mortgage/ pledge to obtain such finance;

9.    purchase, own, sell, and lease out land, real property, and any other property;

10.  sell and lease out land on behalf of the Government; and

11.  exercise, whether by itself or through another party, any other powers it deems necessary to manage its business.

Article (4)

This Decree comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 2 March 2006

Corresponding to 2 Safar 1427 A.H.

 



©2020 The Supreme Legislation Committee in the Emirate of Dubai

[1]Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail.