Law No. (17) of 2015
Establishing the
Mohammed bin Rashid Space Centre[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law
No. (2) of 2006 Establishing the Emirates Institution for Advanced Science and
Technology,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (17) of 2015 Establishing the Mohammed bin Rashid
Space Centre”.
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. |
|
MBRSC: |
The Mohammed bin Rashid Space Centre. |
|
EIAST: |
The Emirates Institution for Advanced Science and Technology. |
|
Chairman: |
The chairman of the MBRSC. |
|
Board of Directors: |
The board of directors of the MBRSC. |
|
Director General: |
The director general of the MBRSC. |
|
Space Sector: |
All activities, projects, and programmes related to
outer space. |
Pursuant
to this Law, a public corporation named the “Mohammed bin Rashid Space Centre”
is established. The MBRSC will have legal personality and the legal capacity
required to undertake all acts and dispositions that ensure the achievement of
its objectives.
The
head office of the MBRSC will be located in the Emirate. Other branches of the
MBRSC may be established within and outside of the Emirate pursuant to a
resolution of the Board of Directors.
The
MBRSC aims to:
1.
support
the UAE vision and general policy for the Space Sector through developing space
research, projects, and studies;
2.
contribute
to enabling the UAE to innovate, use, and benefit from space technologies and
applications;
3.
compete
with developed countries in the field of advanced sciences and in making
scientific discoveries;
4.
meet
the UAE needs of national cadre of scientists who are qualified and
knowledgeable in the field of space science through launching, in cooperation
with entities specialised in the Space Sector, knowledge-based and scientific
programmes;
5.
support scientific development
in the UAE through encouraging technological innovation and creativity within the Space Sector and related
sciences, and promote sustainable development through knowledge-based
economy;
6.
support
scientific and technological research and studies related to areas falling
within the scope of work of the MBRSC;
7.
contribute,
in cooperation with concerned entities, to developing the Space Sector and
enhancing its role with a view to diversifying the national economy and
boosting comprehensive development in the space field;
8.
contribute
to enhancing the UAE standing as a leading international hub for space sciences
and technologies; and
9.
contribute
to supporting development and other vital sectors in the UAE through adopting
the best international practices and applications pertaining to satellites and
space technology and other sciences and technologies relevant to the scope of
work of the MBRSC.
The
MBRSC is the Government entity responsible for the Space Sector and advanced space
science and technologies in the Emirate. For the purposes of achieving its
objectives, the MBRSC will have the duties and powers to:
1.
develop, and supervise the implementation of, the policy of
the Emirate for the Space Sector;
2.
develop a strategic plan to implement and supervise all phases
of the process of sending Hope Probe to space;
3.
establish companies, solely or with other persons; invest in,
enter into partnerships with, hold shares in, merge with, or acquire shares or
stocks in companies, agencies, and institutions conducting the same or similar
activities as those of the MBRSC or other activities which help the MBRSC
achieve its objectives within and outside of the UAE;
4.
coordinate with the government, regional, and international
entities in areas related to the work of the MBRSC;
5.
conduct and fund, in coordination with the concerned
entities, the studies and research required for the development of the Space
Sector in the Emirate;
6.
invest in projects relating to satellite science and
applications and other specialised and technological projects relating to the
Space Sector and other relevant sciences;
7.
establish a suitable infrastructure for designing and
manufacturing satellites in the UAE;
8.
propose, in coordination with the concerned entities,
legislation pertaining to the Space Sector;
9.
raise awareness of the importance of the Space Sector, in
coordination with the concerned entities;
10.
hold and participate in conferences and symposia, cooperate
with the concerned entities and the regional and international organisations whose
work is relevant to the MBRSC, and establish a regional and international
cooperation network in the field of space technologies and applications;
11.
own and take lease of the movable and immovable property
required for the achievement of its objectives; and
12.
exercise any other duties or powers required for enabling the
MBRSC to achieve its objectives under this Law.
The organisational structure of
the MBRSC will be comprised of:
a.
the Chairman;
b.
the Board of
Directors;
c.
the Director
General; and
d.
the executive
body.
Appointment and Functions of the Chairman
Article (8)
a.
A Chairman will be appointed to the MBRSC pursuant to a decree of the
Ruler;
b.
The Chairman will undertake the general supervision of the MBRSC. For
this purpose, the Chairman will have the duties and power to:
1.
approve the general policy and strategic and development
plans of the MBRSC;
2.
approve the services, works, projects, and activities that the
MBRSC intends to perform;
3.
approve the organisational structure of the MBRSC;
4.
approve the draft annual budget and final accounts of the
MBRSC;
5.
approve the general policy and the financing and borrowing
plans and programmes required to perform the work of the MBRSC; and
6. perform any other duties assigned to
him by the Ruler.
c.
The Chairman may
delegate any of his powers under paragraph (b) of this Article to the Board of
Directors, provided that such delegation is specific and in writing.
Board of Directors
Article (9)
a.
The MBRSC will
have a Board of Directors comprised of a chairman, a vice chairman, and a
number of experienced and competent members appointed pursuant to a resolution
of the Ruler. The term of membership of the Board of Directors will be three
(3) years, renewable upon expiry.
b.
The Board of
Directors will convene at the invitation of its chairman, or vice chairman
where the chairman is absent, at least once every two (2) months, or where
necessary. Meetings of the Board of Directors will be valid if attended by the
majority of its members, provided that its chairman or vice chairman is in
attendance.
c.
The Board of
Directors will pass its resolutions by majority vote of attending members, and
in the event of a tie, the chair of the meeting will have a casting vote.
Resolutions of the Board of Directors will be recorded in minutes of meetings
signed by the chair of the meeting and attending members.
d.
A rapporteur will
be appointed to the Board of Directors by its chairman. The rapporteur will
send invitations to the meetings of the Board of Directors, prepare its meeting
agendas, record minutes of its meetings, follow up the implementation of its
resolutions and recommendations, and perform any other duties assigned to him
by the chairman of the Board of Directors.
e.
The Board of
Directors may invite, as it deems appropriate, experts, consultants, and
specialists to attend its meetings, but they will have no vote in its
deliberations.
Functions of the Board of Directors
Article (10)
a. The Board of Directors is the highest authority in charge of the affairs
of the MBRSC and the achievement of the objectives and implementation of the
policies of the MBRSC. The Board of Directors will exercise the powers and
authorities required for the achievement of the objectives of the MBRSC. In
particular, it will have the duties and powers to:
1.
approve the general policy and
strategic, development, and operational plans of the MBRSC, submit them to the
Chairman for final approval, and supervise the implementation of the same;
2.
approve, review, and annually evaluate
the implementation of, the work plans and programmes of the MBRSC;
3.
determine the strategic objectives of
the MBRSC and the procedures required for supervising their implementation.
These objectives must be reviewed and compliance therewith evaluated annually;
4.
take the necessary action to ensure
compliance by the MBRSC with the legislation in force in the Emirate, with the
resolutions and regulations issued in pursuance thereof, and with any other
legislation related to the work and activities of the MBRSC;
5.
evaluate and follow up the performance
of the executive body of the MBRSC, and ensure that the executive body achieves
the objectives of the MBRSC and comply with its general policy;
6.
approve the organisational structure of
the MBRSC, and submit the same to the Chairman for final approval;
7.
approve the annual budget and final
accounts of the MBRSC, and submit the same to the Chairman for final approval;
8.
approve the fees and charges for
services rendered by the MBRSC, and submit the same to the concerned entities
for final approval;
9.
form permanent and temporary specialised
sub-committees and work teams, and determine their duties, powers, and tenure;
10.
determine the duties of each member of
the Board of Directors to ensure the integration of their roles with a view to
achieving the objectives of the MBRSC;
11.
review, and make the necessary comments
on, the performance reports submitted by the Director General; and
12.
exercise any other duties or powers
relevant to the objectives of the MBRSC.
b.
The Board of
Directors may delegate any of its powers under paragraph (a) of this Article to
a committee comprising members of the Board of Directors or to the Director
General, provided that such delegation is specific and in writing.
c.
In case of
absence of the chairman of the Board of Directors or any other impediment affecting him, the vice chairman will act as
the chairman and will perform all the duties assigned to him pursuant to this
Law and the resolutions issued in pursuance hereof.
Director General
Article (11)
a.
A Director
General will be appointed to the MBRSC pursuant to a resolution issued by the
Chairman upon the recommendations of the Board of Directors.
b. The Director General will be directly responsible to the Board of Directors for performing his duties under this Law and the resolutions issued in pursuance hereof, and for performing any duties assigned to him by the chairman of the Board of Directors.
Functions of the Director General
Article (12)
The
Director General will supervise the daily work of the MBRSC, manage and
regulate its affairs, and represent it in its relations with third parties and
before judicial authorities. In particular, the Director General will have the
duties and powers to:
1.
propose the
polices; strategic, development, and operational plans; initiatives; and programmes required
to achieve the objectives of the MBRSC, and submit the same to the Board of
Directors for approval;
2.
prepare work
plans and programmes and the relevant projects, and present the same to the
Board of Directors for approval;
3.
prepare the
organisational structure of the MBRSC, and present the same to the Board of
Directors for approval;
4.
propose the
resolutions regulating the financial, administrative, and technical work of the
MBRSC including the human resources regulations, and present the same to the
Board of Directors for approval;
5.
prepare the draft
annual budget and final accounts of the MBRSC, and submit the same to the Board
of Directors for approval;
6.
propose the fees
and charges for services rendered by the MBRSC, and submit the same to the
Board of Directors for approval;
7.
supervise the
performance by the executive body of the MBRSC of the duties assigned to it
pursuant to the bylaws and regulations issued by the Board of Directors, and
appoint the technical and administrative staff required to perform the work of
the MBRSC;
8.
submit annual
reports on the performance of the MBRSC to the Board of Directors to take the
necessary action in this regard;
9.
implement and
follow up the resolutions passed, and the policies, plans, and programmes set
by the Board of Directors;
10.
approve financial
transactions subject to the rules stipulated by the financial regulations and
bylaws adopted by the MBRSC;
11.
sign, in the name
of the MBRSC and on its behalf, contracts, agreements, and memoranda of
understanding in accordance with the relevant powers conferred on the Director
General by the Board of Directors;
12.
supervise the
organisational units of the MBRSC, prepare periodic and annual reports on the
progress of their work, and submit these reports to the Board of Directors;
13.
engage experts
and consultants, and determine and pay their remuneration, in accordance with
the bylaws adopted by the MBRSC; and
14.
exercise any
other duties or powers assigned or delegated to him by the Board of Directors.
Executive Body of the MBRSC
Article (13)
a.
The executive
body of the MBRSC will be comprised of the Director General and a number of
administrative, finance, and technical employees.
b.
The rights and
duties of the MBRSC employees and the rules governing their selection and
appointment will be determined pursuant to the human resources regulations
approved by the Board of Directors for this purpose.
c.
The human
resources legislation applicable to the employees of the EIAST will apply to
the employees of the MBRSC until the approval of the human resources
regulations of the MBRSC referred to in paragraph (b) of this Article.
Establishments Affiliated to the MBRSC
Article (14)
a.
Pursuant to this
Law, the EIAST will be affiliated to the MBRSC.
b.
Establishments
conducting work in areas falling within the scope of work of the MBRSC may be
established by a decree issued by the Ruler, and will be affiliated to the
MBRSC.
c.
Each establishment
will have a chief executive officer appointed by a resolution issued by the chairman
of the Board of Directors upon the proposal of the Director General.
Financial Resources of the MBRSC
Article (15)
The financial resources of the MBRSC will consist
of:
1.
support allocated
to the MBRSC in the general budget of the Government of Dubai;
2.
fees and charges
collected by the MBRSC in return for the services it renders;
3.
grants and gifts
received by the MBRSC and approved by the Board of Directors; and
4.
any other
resources approved by the Board of Directors.
Accounts and Financial Year of the MBRSC
Article (16)
a.
In regulating its
accounts and records, the MBRSC will apply the rules and principles of
government accounting.
b.
The financial
year of the MBRSC will commence on 1 January and will end on 31 December of
each year, except that the first financial year will commence on the effective
date of this Law and will end on 31 December of the following year.
Issuing Implementing Resolutions
Article (17)
The chairman of the Board of Directors will issue
the resolutions required for the implementation of the provisions of this Law.
Repeals
Article (18)
Any
provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Law.
Commencement and Publication
Article (19)
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 29 June 2015
Corresponding to 12 Ramadan 1436 A.H.
©2016
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.