Law No. (15)
of 2013
Establishing
the
Dubai Corporation
for Tourism and Commerce Marketing[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al Maktoum, Ruler
of Dubai,
After perusal of:
Law No. (1) of 1997 Establishing the Department of Tourism and Commerce Marketing and its amendments;
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (9) of 2004 Concerning the Dubai International Financial Centre and its amendments;
Law No. (25) of 2008 Concerning the Department of Economic Development;
Law No. (27) of 2006 Concerning Management of the Government of Dubai Human Resources and its amendments;
Law No. (32) of 2008 Establishing the Government of Dubai Legal Affairs Department;
Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of Dubai and its amendments;
Law No. (3) of 2013 Concerning the Dubai Corporation for Festivals and Retail Sector Promotion;
Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree No. (17) of 2013 Concerning Licensing and Classification of Hotel Establishments in the Emirate of Dubai; and
The legislation regulating free zones in the Emirate of Dubai,
Do
hereby issue this Law.
Title of the Law
Article (1)
This
Law will be cited as “Law No. (15) of 2013 Establishing the Dubai Corporation
for Tourism and Commerce Marketing”.
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:
Emirate: |
The Emirate of Dubai. |
Executive Council: |
The Executive Council of
the Emirate of Dubai. |
DTCM: |
The Department of
Tourism and Commerce Marketing. |
Director General: |
The director general of
the DTCM. |
DCTCM: |
The Dubai Corporation
for Tourism and Commerce Marketing. |
CEO: |
The chief executive
officer of the DCTCM. |
Dubai Brand: |
A set of human, cultural,
civic, tourism-related, and economic values that characterise the Emirate,
and which constitute the approach which the public and private sectors must
follow in interacting with others at the local, regional, and international
levels. |
Marketing: |
The commercial
marketing for the Emirate and its tourist facilities, products, and services
through advertisement, event organisation, festivals, exhibitions,
entertainment shows and commercial offers, social media, digital marketing,
and other means of communication. |
Hotel Establishments: |
This includes
hotels, resorts, hotel apartments, guest houses, university dormitories,
youth hostels, budget hotels, floating hotels, holiday homes, and other
establishments as determined by the DTCM. |
Establishment of the DCTCM
Article (3)
Pursuant to this Law, a public corporation named the
“Dubai Corporation for Tourism and Commerce Marketing” is established. The DCTCM
will have legal personality, and the legal capacity required to undertake all
acts and dispositions that ensure the achievement of its objectives. The DCTCM will
be affiliated to the DTCM.
Scope of Application
Article (4)
This Law will apply to all activities relating to
tourism and commerce marketing and to establishments operating in these areas
of business in the Emirate, including Special Development Zones and free zones such
as the Dubai International Financial Centre.
Head Office of the DCTCM
Article (5)
The
head office of the DCTCM will be located in the Emirate. The DCTCM may
establish branches and representation offices within and outside of the
Emirate.
Functions of the DCTCM
Article (6)
The DCTCM is the Government entity responsible
for marketing tourism and commerce in the Emirate. For this purpose, the DCTCM may,
in coordination with concerned entities:
1. market the Emirate as a prime
destination for tourism, entertainment, business, and event organisation;
2. establish an effective partnership
with entities concerned with tourism and commerce in the Emirate;
3. establish trade relations with
international, regional, and local companies to increase travel bound to the
Emirate for tourism and trade purposes;
4. promote the Emirate as a global trade hub
featuring essential facilities for conducting business and organising events,
attract tourists and businessmen to the Emirate, and meet their needs and requirements;
5. promote the Dubai Brand developed and
adopted in coordination with competent entities in the Emirate;
6. increase the effectiveness of the
Emirate’s marketing spending through an integrated approach leveraging all
tourism sector stakeholders, encourage longer duration of stay and drive higher
tourist spending, and consequently increase the tourism sector contribution to
the Emirate’s GDP;
7. promote integration between the public
sector and the private sector, and reinforce their partnership to market
tourism and commerce in the Emirate;
8. promote the Emirate to attract regional
and international business companies to establish regional offices in the
Emirate;
9. establish companies and invest in
ventures relating to DCTCM activities;
10. establish representation offices for
the DCTCM and for concerned entities in different countries around the world to
ensure communication channels are opened between the DCTCM and regional and
international markets;
11. establish a tourist information centre
as a first contact with the visitors of the Emirate, which will introduce the
services, events, shows, and tourist and trade activities available in the
Emirate; and
12. perform any other duties required for marketing
the Emirate at the local, regional, and international levels.
Executive Body
Article (7)
a. The executive body of the DCTCM will
comprise a CEO appointed pursuant to a resolution of the Director General, and
a number of employees.
b. The CEO and all employees of the DCTCM
will be appointed, and their professional rights and obligations determined,
pursuant to a regulation issued by the Director General in this regard.
Functions of the CEO
Article (8)
The CEO will have the duties and powers to:
1. propose the policies, strategic plans and
operational programmes of the DCTCM, and submit them to the Director General
for approval;
2. prepare the draft annual budget and
final accounts of the DCTCM and of its representation and marketing offices
outside of the Emirate, and submit them to the Director General for approval;
3. propose the organisational structure of
the DCTCM and submit it to the Director General for approval;
4. propose the regulations and bylaws required
to regulate the financial, administrative, and technical affairs of the DCTCM;
5. supervise the daily work of the DCTCM;
6. represent the DCTCM before third
parties, and conclude contracts and agreements required for the achievement of
the objectives of the DCTCM;
7. achieve the required performance
outcomes, and submit performance reports to the Director General based on targeted
key performance indicators; and
8.
perform
any other duties assigned by the Director General.
Fees and Proceeds
Article (9)
In return for the services it provides
pursuant to this Law, the DCTCM will collect the following fees and revenue:
1. a “Tourism Dirham Fee” levied on
guests of Hotel Establishments. The amount of this fee, persons to whom the fee
is applicable, collection rules, obligations of the Hotel Establishments in
charge of collection, time frames for transfer of proceeds to the DCTCM, and fines
applicable for evading the fee will be determined pursuant to a resolution of
the Chairman of the Executive Council; and
2. proceeds from commercial sponsorship, marketing
campaigns conducted by the DCTCM, subscriptions to the events organised by the DCTCM,
establishing branches and installing show platforms for public and private
entities, and the various services provided by the DCTCM. These and other proceeds
will be collected pursuant to agreements concluded by the DCTCM with public and
private entities that benefit from these services.
Delegation of Powers
Article (10)
The DCTCM may delegate any of its functions under this Law to any public or private entity pursuant to an agreement in this respect which determines the rights and obligations of the DCTCM and those of contracted entities as well as the terms, requirements, and specifications that must be complied with when performing the functions delegated by the DCTCM.
Financial Resources of the DCTCM
Article (11)
The financial resources of the DCTCM will consist of:
1. the financial support allocated by the
Government of Dubai to the DCTCM in the annual budget of the DTCM;
2. fees and proceeds generated by the DCTCM
from conducting its activities;
3. returns on the DCTCM’s investment of its
property; and
4.
any
other resources approved by the Executive Council.
Accounts and Financial Year of the DCTCM
Article (12)
a. In regulating its accounts and
records, the DCTCM will follow commercial accounting rules and standards.
b. The financial year of the DCTCM will
commence on 1 January and will end on 31 December of each year, except that the
first financial year of the DCTCM will commence on the date on which this Law
comes into force and will end on 31 December of the following year.
Exemption from Liability
Article (13)
Neither
the Government of Dubai nor the DTCM will be liable for any debts or
obligations claimed from the DCTCM or from the companies affiliated to it.
Issuing Implementing Resolutions
Article (14)
The Director General will issue the resolutions required for the implementation of this Law.
Repeals
Article (15)
Any provision in any other
legislation will be repealed to the extent that it contradicts the provisions
of this Law.
Commencement and Publication
Article (16)
This
Law 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 23 December 2013
Corresponding to 20 Safar 1435 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.