Law No. (1) of 2012
Concerning the
International Humanitarian City[1]
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We, Mohammed bin Rashid Al
Maktoum, Ruler of Dubai,
After perusal of:
Law No. (6) of 2007 Establishing the International Humanitarian City;
Law No. (27) of 2006 Concerning Management of the Government of Dubai
Human Resources and its amendments; and
Law No. (8) of 2010 Concerning the Financial Audit Department and its
amendments,
Do hereby issue this Law.
This Law will
be cited as “Law No. (1) of 2012 Concerning the International Humanitarian City”.
Definitions
Article (2)
The following words and expressions, wherever mentioned in this Law, will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Government: |
The
Government of Dubai. |
|
IHC: |
The
International Humanitarian City. |
|
IHCA: |
The
IHC Authority. |
|
Chairperson: |
The
chairperson of the IHCA. |
|
Board of Directors: |
The
board of directors of the ICHA. |
|
CEO: |
The
chief executive officer of the ICHA. |
|
Competent Entities: |
Any
local or federal government entity authorised under the applicable legislation to regulate
Humanitarian Services. |
|
Humanitarian Services: |
Any
humanitarian, charitable, environmental activity, or any other activity
related to providing relief to others in response to humanitarian, natural,
or environmental disasters and that is non-for-profit. |
|
Commercial Activity: |
Any trade, professional activity, service,
or any other activity which is intended to make profit and is authorised in
the IHC in accordance with this Law. |
|
Humanitarian Services
Establishments: |
Any
non-for-profit legal entity which is established in the IHC and licensed by
the IIHCA to conduct any
Humanitarian Services through providing financial, moral support, or
technical or administrative expertise. This includes branches of
international organisations and agencies which perform such activities within
the IHC. |
|
Commercial Establishment:
|
Any
for-profit legal entity which is established in the IHC and licensed by the IHCA to conduct a
Commercial Activity. This includes, without limitation, establishments
providing support and logistic services to Humanitarian Services
Establishments. |
|
IHC Establishments: |
Humanitarian
Services Establishments and Commercial Establishments. |
Scope of Application
Article (3)
The provisions of this Law
will apply to:
a.
the IHC established as a free zone pursuant to the above-mentioned Law
No. (6) of 2007, whose location, area,
and boundaries are specified in the attached map, in addition to areas
determined by the Chairperson; and
b.
the IHCA, as a public corporation that has the legal personality,
financial and administrative autonomy, and the full legal capacity required for
the achievement of the objectives of the IHC.
Objectives of the IHC
Article (4)
The IHC aims to:
1. position the Emirate as a hub for emergency humanitarian
aid and disaster relief through providing the Humanitarian Services
Establishments based in the IHC with the logistic, infrastructure, facilities,
and services required to enable them to achieve their objectives across the world;
2. support, encourage, and develop Humanitarian Services,
as well as charitable and environmental services through inviting, attracting
and licensing Humanitarian Services Establishments specialised in this area, to
the extent that this does not conflict with the legislation in force in the
Emirate;
3. ensure prompt and effective response in case
of disasters and emergency situations, and provide, whether directly by the
Authority or through IHC Establishments, the necessary organised relief efforts
to those in need of such relief at the international level; and
4. create a favourable environment that supports
humanitarian activities.
Functions of the IHCA
Article (5)
In order to achieve the
objectives of the IHC, the IHCA will have the duties and powers to:
1.
set the regulations and bylaws required to regulate Humanitarian
Services and Commercial Activities in the IHC;
2.
license Humanitarian Services
Establishments and Commercial Establishments operating in the IHC;
3.
identify and classify the Humanitarian Services and Commercial
Activities which may be conducted in the IHC, and develop and upgrade them to
match humanitarian work needs at the international level;
4.
to audit and inspect IHC
Establishments;
5.
purchase, lease, sell, rent out, mortgage, and dispose of the land and
facilities owned by the IHC;
6.
establish and manage the infrastructure and buildings of the IHC to the
extent that this does not conflict with the standards and specifications approved
by the Competent Entities in the Emirate;
7.
cooperate and coordinate with the federal, local, regional, and
international corporations and authorities engaged in the field of Humanitarian
Services;
8.
obtain from local and international financial institutions the loans, funding,
and financial facilities needed by the IHC to achieve its objectives;
9.
invest the Authority’s funds in the commercial, financial, and services
sectors in accordance with the policy approved by the Board of Directors in
this regard; and
10.
perform any other duties required
to achieve the objectives of the IHC.
The organisational structure of the IHCA will be comprised of:
1.
the Chairperson;
2.
the Board of Directors;
3.
the CEO; and
4.
the executive body.
Appointment and Functions of
the Chairperson
Article (7)
a.
The Chairperson will be appointed pursuant to a decree of the Ruler and will
undertake general supervision of the work of the IHCA. For this purpose, the Chairperson
will have the duties and powers to:
1.
approve the general policy and strategic and development plans of the IHCA;
2.
approve the regulations and regulatory, administrative, and financial
bylaws of the IHCA;
3.
supervise the achievement of the objectives of the IHC, and approve the
services, work, projects, and activities undertaken by the IHC;
4.
approve the draft general budget and final accounts of the IHCA; and
5.
establish any other entities as
may be required to achieve the
objectives of the IHC.
b.
The Chairperson may delegate any of his powers provided for in this Law
to any member of the Board of Directors or to the CEO.
The Board of Directors
Article (8)
a.
The IHCA will be managed by a Board of Directors comprised of a
chairman, a deputy chairman, and at least five (5) members appointed pursuant
to a decree of the Ruler for a renewable term of three (3) years.
b.
The Board of Directors will convene at the invitation of the chairman at
least once every three (3) months and where necessary. The
meetings of the Board of Directors will be valid if attended by the majority of
its members, provided that the chairman or his deputy is in attendance.
c.
The resolutions of the Board of Directors
will be approved by majority vote, and in case of a tie, the chair of the
meeting will have the casting vote. The resolutions of the Board of Directors will
be recorded in minutes signed by the chair of the meeting and attending
members.
Functions of the Board of
Directors
Article (9)
The Board of Directors will have the duties and powers to:
1.
approve the annual budget, final accounts, and organisational structure
of the IHCA, and submit these to the Chairperson for approval;
2.
review the policies, strategic and operational plans, bylaws, rules, and
regulations of the IHC which are proposed by the CEO, and submit
recommendations in respect of these to the Chairperson to take the action deemed
appropriate in this regard;
3.
review and approve the rules and procedures proposed by the CEO for registration
and licensing of IHC Establishments, and determine the services provided by the
Authority and the fees payable for such services;
4.
appoint and determine the remuneration of auditors and specialist
consultants in order to assist in determining the IHC’s initiatives and the budgets
for their implementation;
5.
identify investment opportunities, undertake supervision, and build the
infrastructure of the IHC;
6.
establish, solely or in partnership with third parties, corporations and
companies affiliated to the IHCA within and outside of the Emirate; and
7.
perform any other duties assigned to it by the Chairperson.
The Executive Body
Article (10)
a.
The executive body of the IHCA will be comprised of a CEO and a number
of administrative, financial, and technical officers.
b.
The CEO will be appointed and his remuneration and financial benefits will
be determined by the Chairperson. The CEO will be directly responsible to the Chairperson
for performing the duties assigned to him pursuant to this Law and the
legislation applicable in the IHC, and the duties assigned to him by the Chairperson
or the Board of Directors.
c.
Staff of the executive body of the IHCA will be appointed and their
terms of service, dismissal, remuneration, duties, and other relevant issues will
be determined by a regulation to be issued in this respect by the Chairperson.
Functions of the CEO
Article (11)
a.
The CEO will have the duties and powers to:
1.
propose policies and strategic and operational plans to the Board of
Directors to approve them, and take the necessary action to implement such
policies and plans after approval of the Chairperson;
2.
prepare the regulations and regulatory, administrative, financial, and
technical bylaws required to regulate the work, activities, and services undertaken
by the IHCA, and submit these to the Board of Directors for approval;
3.
prepare the annual budget and final accounts of the IHCA, and submit
these to the Board of Directors for approval;
4.
prepare the organisational structure of the IHCA and submit it to the Board
of Directors for approval;
5.
issue the resolutions required for creating the licensing records of IHC
Establishments and other records related to the work of the IHCA;
6.
supervise the organisation of conferences and events related to the
objectives of the IHC;
7.
supervise the work, activities, and services performed by the IHC
Establishments;
8.
coordinate with ministries, and federal and local authorities and
departments for the purpose of achieving the objectives of the IHC;
9.
supervise the executive body of the IHCA;
10.
represent the IHCA before third parties, and sign for and on behalf of
the IHCA all contracts, including conclusion of contracts with IHC
Establishments for the lease of land and buildings in the IHC to enable them to
conduct their activities;
11.
perform all the duties and powers stipulated in the applicable
legislation of Government entities in the Emirate; and
12.
open and manage accounts with banks within and outside of the Emirate
upon the approval of the Chairperson.
b.
The CEO may delegate any of his powers stipulated in paragraph (a) of this
Article to any employee of the Authority.
Financial Resources of the IHCA
Article (12)
The financial resources of the IHCA will consist of:
1.
movable and immovable property allocated to the IHCA by the Government;
2.
fees and charges for the licences and services
provided by the IHCA;
3.
returns on investment of the property of the IHCA;
4.
gifts and donations approved by the Board of Directors;
and
5.
any other resources approved by the Chairperson to the
extent that these do not conflict with the
objectives of the IHC and laws in force in the Emirate.
Budget and Accounts of the IHCA
Article (13)
a.
In regulating its accounts and records, the IHCA will follow the principles
and rules of government accounting and the internationally accepted accounting principles.
b.
The financial year of the IHCA will commence on 1 January and will end
on 31 December of each year.
Financial Audit
Article (14)
The Financial Audit
Department will audit the accounts of the IHCA.
Obligation of Government Entities to
Cooperate with the IHCA
Article (15)
All Government entities in
the Emirate will fully cooperate with the IHCA to enable it to achieve its objectives.
Exemption from Fees and Taxes
Article (16)
a.
IHC Establishments and persons working in the IHC Establishments will be
exempt from all types of taxes, including income tax and customs duties, in
relation to their operations within the IHC.
b.
The property and activities of the IHC Establishments will not be
subject, during their operation in the IHC, to any nationalisation or
limitation of private ownership measures.
Exemption from Compliance with Certain Laws
Article (17)
a. The IHC and
the IHC Establishments or any person working therein, in relation to their
operations in the IHC, will not be governed by the legislation, authority, or
powers of Dubai Municipality or the Department of Economic Development, except
for the legislation related to health, public safety, and the environment.
b. The IHCA may, at its discretion, seek
assistance from Government entities in the Emirate and benefit from their
available programmes and systems to license the IHC Establishments. Such
programmes and systems will be used in accordance with the bylaws in force in
the IHC. Licences issued to IHC Establishments in collaboration with Government
entities will be deemed issued by the IHCA itself.
Exemption of the Government from Liability
Article (18)
The Government will not be liable to third parties
for any debts or obligations incurred by the IHCA or its affiliated entities.
The IHCA will be solely liable for such debts or obligations.
Exemption from Liability
Article (19)
In the course of managing the IHC and its
operations, neither the Chairpersons, nor the members of the Board Directors,
nor the CEO will be liable, except in cases of fraud and gross fault, to third
parties for any act or omission relating to such management and operation. The IHCA will be solely liable to third parties for such act or omission.
Licensing the IHC Establishments
Article (20)
a.
No person or entity may conduct any Humanitarian Activity or Commercial
Activity within the IHC unless the relevant licence is obtained from the IHCA.
b.
The IHC Establishments will be licensed in accordance with the relevant
rules and conditions approved by the IHCA, the legislation in force in the
Emirate, and the exigencies of public interest.
c.
In licensing Humanitarian Services
Establishments and their fund-raising activities, the legislation in force in
the Emirate will be complied with.
Licensing Rules for the IHC Establishments
Article (21)
The
establishment, registration, certification, liquidation, control, and
supervision of IHC Establishments; the regulation of all procedures and matters
related to them; and the determination of their licensing conditions, requirements,
and fees will be in accordance with the regulations and bylaws issued by the IHCA
in this respect.
Obligations of the IHC Establishments
Article (22)
In all activities,
contracts, advertisements, invoices, correspondences, and printed material of
IHC Establishments, the name of the Establishment will indicate its legal type and
that it is a free zone company/establishment, failing which the owner of
establishment will be liable to third parties for its obligations.
Liability of the IHCA
Article (23)
The IHCA will not be liable to third parties for any obligations arising
from the performance of the IHC Establishments or their employees of their
work.
Prohibited Activities
Article (24)
The
following activities will be prohibited within the IHC:
1. any activity that conflicts with the licence issued to the IHC
Establishment, or with the regulations and bylaws in force in the IHC;
2. any activity that involves unfair competition; and
3. any activity that conflicts with the legislation in force in the Emirate
or is contrary to public order and morality.
Assignment of Licence
Article (25)
Owners of
IHC Establishments may not assign the licence issued to them by the IHCA to any entity without first obtaining approval of the IHCA.
Penalties and Sanctions
Article (26)
The Board of Directors will issue a bylaw specifying the administrative penalties
for violating any of the provisions of this Law and the regulations and bylaws
issued in pursuance hereof, or for violating any of the terms of the licence issued by the IHCA.
Law Enforcement
Article (27)
The employees
of the IHCA nominated by a resolution of the Chairperson will have the capacity
of law enforcement officers to record the acts committed in breach of the
provisions of this Law and the regulations and bylaws issued in pursuance
hereof. For this purpose, they may issue the relevant violation reports. In performing
their duties, they may seek assistance from the concerned Government
authorities, including police personnel.
Delegation of Powers
Article (28)
The IHCA may
delegate any of its powers stipulated in this Law to any other entity pursuant
to an agreement concluded in this respect.
Issuing Implementing Bylaws
Article (29)
The
Chairperson will issue the regulations and bylaws required for the
implementation of this Law.
Repeals
Article (30)
a.
This law will supersede Law No. (6) of 2007 Establishing the
International Humanitarian IHC.
b.
Any provision in any other legislation will be repealed to the extent
that it contradicts the provisions of this Law.
Publication and Commencement
Article (31)
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 5 January
2012
Corresponding to 11 Safar
1433 A.H.
©2015 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.