Law
No. (9) of 2008
Establishing
the
Professional
Communication Corporation (Nedaa) [1]
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We, Mohammed
bin Rashid Al Maktoum, Ruler of Dubai,
After
perusal of:
Federal
Law No. (7) of 1973 Concerning Radio Devices and Communications, and its
amendments;
Federal
Law No. (1) of 1991 Concerning the Emirates Telecommunications Corporation;
Federal
Law by Decree No. (3) of 2003 Regulating the Telecommunications Sector and its
amendments;
Law
No. (27) of 2006 Concerning Management of the Government of Dubai Human
Resources; and
The
Order issued on 23 December 2002 unifying radio communications systems of the
departments and corporations affiliated to the Government of Dubai,
Do hereby
issue this Law.
This Law will be cited as “Law No. (9) of 2008
Establishing the Professional Communication Corporation (Nedaa)”.
The following words and
expressions, wherever mentioned in this Law, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
Ruler: |
His Highness the Ruler of
Dubai. |
|
Emirate: |
The Emirate of Dubai. |
|
Government: |
The Government of Dubai. |
|
Nedaa: |
The Professional Communication Corporation (Nedaa). |
|
Board of Directors: |
The board of directors of Nedaa. |
|
CEO: |
The chief executive officer of Nedaa. |
|
Communication Services: |
A range of specialised
communication services, including the transmission, emission, broadcasting,
or reception of signals, sounds, images, or other verbal or written data by
wired, wireless, visual, electromagnetic, or any other means of
communication. |
Pursuant to this Law, a public
corporation named the “Professional Communication Corporation ‘Nedaa’” is
established. Nedaa will have legal personality, financial and administrative
autonomy, and the legal capacity required to undertake all acts and
dispositions that ensure the achievement of its objectives. Nedaa may enter
into contracts with third parties, sue and be sued in its own name, and appoint
any other person to represent it for these purposes. Nedaa is hereby affiliated
to the General Department of State Security.
The head office of Nedaa will
be located in Dubai. Nedaa may establish branches within and outside of the
Emirate.
Nedaa is established with the
aim to:
1.
provide
Communication Services to, and unify communication systems of, all Government
entities, semi-government entities, and vital facilities as per the exigencies
of public interest of the Emirate;
2.
ensure
optimum use of the public communication systems adopted by the Government and
used by its entities by the date on which this Law is issued; and
3.
develop
communication systems designed to operate at times of natural and humanitarian
disasters and crises in line with the adopted strategy of the Government.
In conducting its activities,
Nedaa will comply with the laws, regulations, and bylaws regulating the
telecommunications sector in the UAE. Nedaa will not be deemed as a competitor
of other licensed telecommunications companies.
For the purpose of achieving
its objectives, Nedaa will have the duties and functions to:
1.
provide
Communication Services to all concerned entities as per the exigencies of
public interest;
2.
establish,
own, manage, operate, and develop the facilities and telecommunication stations
that are necessary for its work;
3.
identify
and determine the technical specifications of communication devices permitted
to be used on Nedaa network;
4.
coordinate
with other telecommunication companies licensed to conduct similar activities
in the UAE to provide each other with the required network coverage where any
user of such networks is out of coverage area;
5.
set
the strategies and polices for distribution of communication circuits within
the Emirate;
6.
provide
consultancy and training services in the field of specialised communications;
7.
impose
fees in return for the services it provides;
8.
perform
all transactions and activities that are related to its business and are required
for the achievement of its objectives, including to engage in commercial
activities and coordinate with federal and foreign government establishments;
international organisations; and private companies on matters of mutual
interest with a view to achieving Nedaa’s objectives and goals;
9.
establish,
solely or with other persons, companies and branches; invest in, enter into
partnership with, hold shares in, forge mergers with, or acquire shares or
stocks in, companies or agencies engaged in the same or similar activities as
those of Nedaa or in activities which help Nedaa in achieving its objectives
within and outside of the UAE;
10. open and manage bank accounts within and outside
of the UAE and obtain financing through available financing options as required
to achieve the best interests of Nedaa;
11. organise and participate in exhibitions and
conferences related to its activities; and
12. perform any other duties that are assigned to it
by the General Authority for Regulating the Telecommunications Sector and are
relevant to the work of Nedaa and to the objectives for which it is
established.
Nedaa will have a Board of
Directors comprised of a chairman, vice chairman, and three (3) experienced,
competent, and specialised members appointed pursuant to a decree issued by the
Ruler. Membership of the Board of Directors will be for a renewable period of
three (3) years.
The Board of Directors is the
highest authority of Nedaa and is responsible for the general supervision of
its administrative, technical, and financial affairs. The Board of Directors
will issue the resolutions and apply the procedures it deems appropriate for
achieving the objectives and goals of Nedaa, including:
1.
to
set the general policy and project plans of Nedaa;
2.
to
approve the general plans and strategies of Nedaa;
3.
to
review the draft annual budget of Nedaa;
4.
to
approve the organisational structure, and the bylaws regulating the
administrative and financial affairs, of Nedaa;
5.
to
approve the services and products of Nedaa;
6.
to
manage the property of Nedaa and its branches in line with the general policy
of Nedaa;
7.
to
approve the fees for the services provided by Nedaa;
8.
to
appoint senior officers of Nedaa;
9.
to
approve the remuneration of members of the Board of Directors;
10. to send any of the members of the Board of
Directors or any of the employees of Nedaa to represent it in seminars, forums,
and conferences that are held within or outside of the UAE and are relevant to
the objectives of Nedaa; and
11. to perform any other duties related to the
objectives and functions of Nedaa.
1.
The
Board of Directors will convene at least once every three (3) months at the
invitation of the chairman or the vice chairman in case of absence of the
Chairman. The Board of Directors may also convene at the request of two thirds
of its members. Meetings of the Board of Directors will be valid only if
attended by a quorum of at least three (3) members, including the chairman or
vice chairman. Resolutions of the Board of Directors will be passed by majority
vote of the attending members, and in the event of a tie, the chair of the
meeting will have a casting vote.
2.
For
each meeting, minutes of meeting will be prepared and signed by the chair of
the meeting and attending members. Such minutes will be recorded in the
register of minutes of meetings for perusal by absent members.
3.
The
Board of Directors may, as it deems appropriate, invite experts and specialists
to attend its meetings, but they will have no vote.
The Board of Directors may form
temporary or permanent sub-committees to assist it in performing its duties.
The Board of Directors will determine the functions and powers of these
sub-committees, and may delegate any of its powers to them.
The chairman of the Boards of
Directors will represent Nedaa in its relations with third parties and before
judicial authorities, and may authorise any of the members of the Board of
Directors to represent Nedaa before third parties and judicial authorities.
The chairman and the members of
the Board of Directors must not have direct or indirect interest in the
contracts or deals concluded with, or on behalf of, Nedaa or its affiliated
companies or corporations.
For the purpose of performing
its duties and achieving its objectives, Nedaa must follow the principles of
justice and transparency without prejudice to the principles of
confidentiality.
Neither the chairman nor any
member of the Board of Directors will be liable to third parties for any act or
omission related to exercising his powers under this Law. Nedaa will be solely
liable to third parties for such act or omission.
Nedaa will have a CEO and an
administrative body. The CEO will be appointed by a decree of the Ruler and
will be the vice chairman of the Board of Directors. The CEO will, within the
powers vested in him, manage all affairs of Nedaa to ensure the achievement of
its objectives, including, but not limited to:
1.
implementing
the resolutions issued, and the general policy set, by the Board of Directors;
2.
preparing
the strategic plan of Nedaa and submitting it to the Board of Directors for
approval;
3.
preparing
the draft annual budget of Nedaa and submitting the same to the Board of
Directors for review;
4.
proposing
the regulations and bylaws conducive to developing the services provided by
Nedaa;
5.
entering
into the contracts and agreements required for the achievement of the
objectives of Nedaa;
6.
supervising
the work of the executive body of Nedaa;
7.
proposing
the organisational structure and the financial, administrative, and technical
bylaws regulating the work of Nedaa;
8.
managing
Nedaa, and developing and following up its work processes;
9.
issuing
resolutions related to the personnel affairs of Nedaa;
10. preparing periodic reports on the workflow at
Nedaa, and submitting the same to the Board of Directors;
11. giving opinion on the studies and proposals presented
to the Board of Directors;
12. appointing employees of Nedaa; and
13. exercising any other powers that are vested in him
by the Board of Directors or stipulated in any resolution issued pursuant to
this Law, and are relevant to the objectives and functions of Nedaa.
The financial resources of
Nedaa will consist of:
1.
the
annual budgets allocated by the Government to Nedaa;
2.
the
revenues generated from the sales of, and charges and fees for the services
provided by, Nedaa; and
3.
any
other resources approved by the Board of Directors.
1.
Nedaa
will have an independent budget which reflects its actual financial position.
2.
In
regulating its accounts and records, Nedaa will apply the rules and principles
of commercial accounting in accordance with recognised international standards.
3.
The
Board of Directors will, upon the recommendation of the CEO, appoint a
recognised audit firm to audit the accounts and financial records of Nedaa.
4.
The
financial year of Nedaa will commence on 1 January and will end on 31 December
of each year, except that the first financial year will commence on the date on
which this Law comes into force and will end on 31 December of the following
year.
The Department of Finance of
the Government of Dubai will conduct a post audit of the accounts and financial
transactions of Nedaa.
1.
Nedaa
must prepare its financial statements and a report on its financial position,
and submit the same to the Department of Finance.
2.
Nedaa
will have the authority to allocate and use its revenues for the development of
its systems and achievement of its objectives under this Law.
All Government and
semi-government departments, corporations, and authorities in the Emirate must
fully cooperate with Nedaa to enable it to achieve its goals and objectives.
Effective as of the date on
which this Law comes into force, all Government entities must connect to the
specialised communications network of Nedaa.
The provisions of Law No. (27)
of 2006 Concerning Management of the Government of Dubai Human Resources will
apply to the civilian employees of Nedaa.
The Board of Directors will
issue a bylaw determining the penalties prescribed for violation of any of the
provisions of this Law, the regulations and bylaws issued in pursuance hereof,
or any of the terms of licences issued by Nedaa. The bylaw will also specify
the entity authorised to impose such penalties. The Board of Directors will
also issue the implementing bylaw, regulations, resolutions, and instructions
required for the implementation of this Law.
The Dubai Courts will have
exclusive jurisdiction to hear all disputes arising out of, or in connection
with, this Law.
Nedaa will be exempt from all
customs duties and local fees on all its imports that are required for its
operations and for the achievement of its objectives.
Any provision in any other
local legislation will be repealed to the extent that it contradicts the
provisions of this Law.
This Law will be published in
the Official Gazette and will come into force on the day on which it is
published.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 4 June 2008
Corresponding to 30 Jumada
al-Ula 1429 A.H.
©2019 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.