Law No. (26) of 2023
Concerning the Executive Council of the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum,
Ruler of Dubai,
After
perusal of:
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (8) of 2013 Concerning Human Resource Management of Directors General in
the Government of Dubai and its amendments;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai
and its amendments;
Law
No. (8) of 2021 Concerning Human Resources Management of Executive Directors/
Chief Executive Officers in the Government of Dubai;
Law
No. (5) of 2021 Concerning the Dubai International Financial Centre;
Decree
No. (30) of 2006 Appointing the Chairman of the Executive Council;
Decree
No. (25) of 2008 Appointing Two Deputies to the Chairman of the Executive
Council;
Decree
No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Executive
Council Resolution No. (40) of 2015 Concerning the Functions of the General
Secretariat of the Executive Council of the Emirate of Dubai;
Executive
Council Resolution No. (66) of 2017 Forming the Strategic Affairs Council of
the Executive Council of the Emirate of Dubai; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (26) of 2023 Concerning the Executive Council of
the Emirate of Dubai”.
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. |
|
Executive
Council: |
The Executive Council of the Emirate of Dubai. |
|
Chairman: |
The Chairman of the Executive Council. |
|
Strategic
Affairs Council: |
The Strategic Affairs Council formed at the
Executive Council in accordance with this Law. |
|
Government
Entity: |
Any of the Government departments; public agencies
and corporations; Government councils; public authorities, including the
authorities supervising Special Development Zones and free zones, such as the
Dubai International Financial Centre; or other public entities affiliated to
the Government. |
|
General
Secretariat: |
The general secretariat of the Executive Council. |
|
Secretary
General: |
The secretary general of the Executive Council. |
The
provisions of this Law apply to the Executive Council of the Emirate of Dubai
established pursuant the above-mentioned Law No. (3) of 2003 as a council
having legal personality and the legal capacity required to achieve its
objectives and perform its functions under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate. The Executive
Council is affiliated to the Ruler.
The
head office of the Executive Council will be located in the Emirate.
The
Executive Council will have the following objectives:
1. to realise and achieve the Ruler's vision for
fostering a prosperous Emirati society by meeting the needs of UAE nationals,
providing them with a decent quality of life, and enhancing and ensuring their
participation in all strategic sectors;
2. to ensure the sustainability and welfare of the
community, and contribute to maintaining the security and well-being of UAE Nationals, residents, and visitors of the
Emirate;
3. to enhance the Emirate's position amongst the world's
leading cities, and boost its ranking on global competitiveness indicators in
all fields;
4. to enhance the economic development of the Emirate,
maintain its sustainable growth, and create the relevant supportive
environment; and
5. to enhance the Emirate's readiness to cope with future
developments, and increase its capacity to address challenges and changes in
all fields.
The
Executive Council will assist the Ruler in managing the strategic affairs
falling within the jurisdiction of the Executive Council in accordance with the
provisions of this Law, the resolutions issued in pursuance hereof, and other
legislation in force in the Emirate. In particular, the Executive Council will
have the duties and powers to:
1. approve, and supervise the
implementation of, the general policies of the Emirate in all strategic fields;
and determine the Emirate's priorities and future orientations;
2. approve the Dubai
Strategic Plan and submit it to the Ruler for approval; and align the plans of
Government sectors and Government Entities with the Dubai
Strategic Plan to ensure its optimal implementation;
3. approve the strategic
plans, policies, initiatives, and projects that support the overarching
orientations and policies of the Emirate across all sectors, develop an annual agenda for the same, and follow up their implementation on a regular basis;
4. approve the general fiscal
policy of the Government and supervise its implementation;
5. approve the proposals and recommendations related to
implementation of policies, plans, initiatives, and projects that support the overarching orientations and policies of the Emirate, including
giving directives to consider issuing federal and local legislation with
strategic impact on the Emirate;
6. ensure the development and
improvement of the overall performance of the Government, enhance the levels of
performance in all sectors, monitor the global competitiveness indicators
related to the Emirate, and develop the plans and programmes required to
enhance the Emirate's global position;
7. ensure the application of
modern management concepts in the Government by administering programmes that are aimed at achieving and promoting excellence,
leadership, and innovation in Government performance; and recognise pioneering
achievements in accordance with the relevant international best standards,
models, and practices;
8. adopt programmes that are aimed at advancing and developing Government services and improving their level, efficiency, and quality, in accordance
with the relevant international best practices;
9. follow up the performance
of the projects and initiatives
adopted by the Government in all fields;
10. give directives to
Government Entities to take the necessary measures to enhance the efficiency
and effectiveness of Public Funds management,
and to implement the appropriate solutions to enhance the same;
11. allocating funds from the
General Budget of the Government for initiatives and projects, in line with the
priorities of the Emirate and the approved plans, initiatives, and projects;
12. adopt robust and
transparent governance frameworks based on performance, accountability, and the achievement of positive impacts; and follow up their application to Government Entities;
13. approve proposals for the
establishment, regulation, and restructuring of Government Entities, prior to
submitting the same to the Ruler for final approval;
14. develop and enhance the legislative and regulatory systems related to the strategic sectors that promote, support, and enhance the Emirate's
leading role at the local, regional, and international levels;
15. enhance the role of the
Government and Government Entities as enablers, motivators, and supporters for
all strategic sectors; and ensure the participation of all concerned sectors,
in line with the requirements of achieving and implementing the strategic plan
of the Emirate;
16. develop governance
frameworks for the work of the public corporations that operate on a
commercial basis, and the companies owned by the Government or Government
Entities, to ensure the achievement of their objectives and performance of
their legally prescribed functions;
17. cooperate and coordinate
with the federal government and the local governments of other emirates of the UAE, with a view to serving the overarching orientations of the UAE
and the Emirate; and
18. exercise any other duties
or powers assigned to the Executive Council under the legislation in force in
the Emirate, or assigned to it by the Ruler.
a. A Chairman will be
appointed to the Executive Council pursuant to a decree issued by the Ruler.
b. The Chairman will have one
or more deputies appointed pursuant to a decree of the Ruler.
The
Executive Council will be comprised of the Chairman, his deputies, the
Secretary General, and a number of heads of Government Entities determined
pursuant to a decree issued
by the Ruler upon the recommendation of the Chairman.
a. The Chairman will undertake the general supervision of
the Executive Council and follow up the achievement of its objectives and
performance of its functions under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate. For this
purpose, the Chairman will have the duties and powers to:
1.
assume leadership and
provide guidance, with a view to ensuring the efficient and effective
performance of the functions of the Executive Council;
2.
launch Government
initiatives and projects, and issue the necessary decisions to regulate, put into effect, implement, and supervise these initiatives and
projects;
3.
preside over and manage
the meetings of the Executive Council in a manner that ensures effective
contribution of its members through providing their opinions, suggestions, and
recommendations on the matters referred to them;
4.
convoke ordinary and
extraordinary meetings and approve the agendas of these meetings, taking into
consideration any off-agenda matters raised by members of the Executive
Council;
5.
form sub-councils, and
permanent and temporary committees and work teams, pursuant to resolutions
issued by the Chairman. These resolutions will determine the duties,
powers, and terms of reference of these sub-councils,
committees, and work teams and all other matters
related to them;
6.
Approve the agreements and memoranda of understanding
concluded with the federal government,
the local governments of other emirates of the UAE, and the governments and cities of other
countries, in the field of exchanging expertise and experiences, with
a view to enhancing the
global leadership and competitiveness of the Emirate; and
7.
exercise any other duties
or powers vested in the Chairman under the legislation in force in the Emirate,
or assigned to him by the Ruler.
b. The deputy chairmen will exercise the duties and powers assigned
to them by the Chairman, and will perform all the functions of the Chairman
where the Chairman is absent or his position falls vacant for any
reason whatsoever.
c. The Chairman may delegate
any of his functions under this Law and other legislation in force in the
Emirate to any of his deputies or to the Strategic Affairs Council, provided
that such delegation is specific and in writing.
The
Chairman, deputy chairmen, and members of the Executive Council will be directly responsible to the
Ruler for exercising the duties and powers assigned to them under this Law, the
resolutions issued in pursuance hereof, and other legislation in force in the
Emirate.
At
the end of each Gregorian calendar Year, the Chairman will submit to the Ruler a detailed
report on the work performed in all fields during the outgoing Year, together
with the Executive Council's action plan for the upcoming Year to achieve the
Emirate's objectives in all fields.
a. Pursuant to this Law, a
council named the "Strategic Affairs Council” is formed.
b. The Strategic Affairs
Council will have a chairman and one or more deputies, appointed pursuant to a
decree of the Ruler.
c. The Strategic Affairs
Council will be comprised of its chairman and deputy chairman, the Secretary General, and a number of the heads of Government Entities who are members of the Executive
Council, appointed pursuant to a resolution of the Chairman.
d. The Strategic Affairs
Council will have the duties and powers to:
2.
review the Dubai Strategic
Plan, submit it to the Executive Council for approval, and align the plans
of Government sectors and Government Entities with the Dubai
Strategic Plan to ensure its implementation;
3.
approve the strategic
plans, policies, initiatives, projects, and annual agenda that support the overarching orientations
and policies of the Emirate in all sectors; and submit the same to the
Executive Council for final approval;
4.
approve the proposals and
recommendations related to implementation of policies, plans, initiatives, and
projects that support the overarching orientations and policies
of the Emirate, including those related to federal and local legislation with a
strategic impact on the Emirate; and submit the these
proposals and recommendations to the Executive Council for final approval;
5.
discuss and approve the
plans aimed at developing and improving the overall performance of the
Government and enhancing performance levels in all
strategic sectors, monitor the global competitiveness indicators related to the
Emirate; and submit the plans required to promote the Emirate’s global position
to the Executive Council for final approval, in coordination and cooperation
with the competent entities;
6.
approve the programmes
aimed at achieving and promoting excellence, leadership, and innovation in
Government performance; submit the same to the Executive Council for final
approval; and recognise pioneering achievements, in accordance with the
relevant international best standards, models, and practices;
7.
approve the programmes
aimed at aimed at advancing and developing Government
services and improving their level, efficiency, and
quality, in accordance with the relevant international best practices; and
submit the same to the Executive Council for final approval;
8.
approve the general fiscal
policy of the Government; submit the same to the Executive Council for final
approval; and supervise its implementation in coordination with the competent
Government Entities;
9.
approve the appropriate
solutions and measures required for boosting the efficiency
and effectiveness of the management of Public Funds; and submit the same to the
Executive Council for final approval;
10.
approve the proposals
submitted to it by the competent Government Entities in respect of funds
allocated from the General Budget for initiatives and projects, in line with
the priorities of the Emirate and the approved plans, initiatives, and
projects; and submit the same to the Executive Council for final approval;
11.
approve governance
frameworks based on performance, accountability, and the achievement of positive
impacts; ensure their application to Government
Entities; and submit the same to the Executive Council for final approval;
12.
accept proposals
for the establishment, regulation, and restructuring of Government Entities;
and submit the same to the Executive Council for approval;
13.
approve the process of regulation and
governance of the work of the public corporations that
operate on a commercial basis, and the companies owned by the Government or
Government Entities; and submit the same to the Executive Council for final
approval;
14.
provide opinion on draft
legislation with strategic impact which are submitted to the Strategic Affairs Council
by competent Government Entities and are aimed at
maintaining an attractive and stimulating legislative and
regulatory environment, and issue the necessary directives in this respect;
15.
enhance cooperation and
coordination amongst Government Entities and between the
Government and the federal government, other local governments, and
the governments and cities of other countries, with a view to serving the overarching
orientations of the UAE and the Emirate;
16.
supervise and follow up
the implementation of the annual agenda approved by the Executive Council;
17.
seek assistance from the
experts and specialists it deems appropriate to assist it in performing its
duties; and form permanent and temporary sub-committees and work
teams, and determine their duties, powers, and terms of reference; and
18.
exercise any other duties
or powers assigned to the Strategic Affairs Council by the Ruler, the Chairman,
or the Executive Council.
a. The chairman of the
Strategic Affairs Council will have the duties and powers to:
1.
assume leadership and
provide guidance, with a view to ensuring the effective and efficient performance
of the functions of the Strategic Affairs Council;
2.
preside over and manage
the meetings of the Strategic Affairs Council in a manner that ensures
effective contribution of its members through providing their opinions,
suggestions, and recommendations on the matters referred to them;
3.
approve the dates, times, and venues
of the meetings of the Strategic Affairs Council and its agenda;
4.
form permanent and
temporary committees and work teams; and determine their duties, powers, and terms of
reference, and all other matters related to them pursuant to resolutions he issues in this respect; and
5.
exercise any other duties
or powers assigned or delegated to him by the Ruler or the Chairman.
b. The deputy chairman of the Strategic Affairs Council will
exercise the functions and powers assigned to him by the chairman of the
Strategic Affairs Council, and will exercise all the powers of the
chairman of the Strategic Affairs Council where he is absent or his position falls vacant for any
reason whatsoever.
c. The chairman of the
Strategic Affairs Council may delegate to any of his functions under this Law
to any of his deputies or to any of the members of the Strategic Affairs
Council, provided that such delegation is specific and in writing.
The
Chairman will issue a resolution approving the Terms of Reference of the
Executive Council and
of the Strategic Affairs Council. These Terms of
Reference must provide for the procedures for holding their meetings, the
quorums required for their meetings, the procedures for passing their resolutions and
recommendations, the process of recording and approving the minutes of their
meetings, and any other matters related to their governance.
a. The Executive Council will
have a General Secretariat comprised of the Secretary General, one or more
assistant secretaries general, and a number of Employees who are experienced and specialised in various fields.
b. The General Secretariat
will have an organisational structure that
reflects its functions. This organisational structure will be approved pursuant to a
resolution of the Secretary General.
c. The above-mentioned Law
No. (8) of 2021 and the resolutions issued in pursuance thereof will apply to
the assistant secretaries general, and other persons holding
similar positions from amongst the Employees of the General Secretariat, who will be appointed pursuant to a resolution issued by the Chairman upon the recommendation of the
Secretary General.
d. The rights and duties of
the Employees of the General Secretariat and their financial benefits will be
determined by the human resources
regulation approved pursuant to a resolution of the Secretary General.
The
General Secretariat will provide support and assistance in decision-making to
the Executive Council, the Strategic Affairs Council, and the councils,
committees, and work teams formed by them. For this purpose, the General
Secretariat will have the duties and powers to:
1.
support the Executive Council and the Strategic
Affairs Council in approving and adopting public policies, and in adopting the strategic decisions and
orientations for the Emirate;
2.
lead the process of preparing and updating the Dubai
Strategic Plan; and formulate, in
coordination with the concerned entities, the future orientations and work
priorities of the Emirate;
3.
anticipate future opportunities and challenges, and
enhance the Emirate's competitiveness in all fields by monitoring international
reports and indicators related to the Emirate; devising
the necessary development and improvement plans; proposing policies,
initiatives, programmes, and projects to enhance the Emirate's global ranking,
in coordination with the concerned entities; and submit the same to the
Strategic Affairs Council for approval, in preparation for their final approval by the Executive Council;
4.
manage and implement the programmes and initiatives
required to enhance the Emirate's competitiveness in all fields, in cooperation
and coordination with the concerned entities;
5.
provide technical support to develop and update the
strategies of all sectors; and introduce and implement joint frameworks and
shared work systems to enhance the level of Government
performance and the performance of strategic sectors in the Emirate, in
cooperation and coordination with the concerned entities;
6.
review the strategies, policies, studies, initiatives,
projects, and requests proposed by Government Entities and provide comments and
recommendations on the same, before submitting them to the Executive Council
and the Strategic Affairs Council, as the case may be, to make the relevant
appropriate decisions;
7.
develop strategies and policies related to introducing and developing Government services; launch and
manage programmes aimed at enhancing and improving Government services
throughout the Emirate and elevating them to the highest levels; and coordinate
with the concerned entities to offer unique and excellent customer experience,
in accordance with the best models and practices in this respect and in line with the legislation in force in the Emirate;
8.
manage Government excellence programmes, and apply
modern management concepts, in accordance with innovative standards, models,
best practices, solutions, and initiatives, with the aim of achieving and
enhancing excellence, leadership, and innovation in Government operations and
performance; and recognise pioneering achievements;
9.
provide opinion on draft federal and local legislation
submitted to it by the competent Government Entities, with the aim of ensuring
their consistency and alignment with the strategies and policies adopted in
this respect;
10. submit annual reports to
the Executive Council and the Strategic Affairs Council on the outcomes of the
implementation of the Dubai Strategic Plan, the management of excellence and leadership programmes in
Government operations, the development of Government performance, and the
programmes for development of Government services and improvement of the level
and quality of these services;
11. follow up the implementation of strategic plans,
policies, programmes, projects, and initiatives approved by the Government; and
submit the relevant necessary reports to the Executive Council or the Strategic
Affairs Council, as the case may be;
12. develop proposals and
recommendations related to allocating
funds from the General Budget in line with the priorities of the
Emirate and the approved plans, policies, initiatives, and projects, in
cooperation and coordination with the Department of Finance and other concerned
Government Entities;
13. prepare and review the
general Government structure, including the work processes of the Government;
propose any modifications required to
develop and increase the efficiency and effectiveness of this structure in
accordance with the principles of good governance; support the establishment of
new Government Entities; and support and develop the process of approving the
organisational structures of Government Entities, in coordination with the
concerned entities;
14. develop a process for regulation and governance of the
work of the public corporations that operate on a
commercial basis, and the companies owned
by the Government or Government Entities, in coordination with the concerned
entities; and submit the same to the Strategic Affairs Council for approval, in
preparation for their final approval by the
Executive Council;
15. conduct specialised
studies and research, and opinion polls to measure the level of quality,
efficiency, and effectiveness of the Government apparatus and the services it
provides, in accordance with the legislation in force in the Emirate; and monitor the relevant impactful events and
developments;
16. consider the matters and
issues assigned to it by the Chairman or the chairman of the Strategic Affairs
Council, and follow up the implementation of the directives and resolutions issued in respect of the same;
17. ensure that Government
resources management policies,
including financial, human, and technological resources management policies, are aligned with the policies, orientations,
priorities, and strategic plans of the Emirate;
18. implement and administer
Government communications policies at the levels of the Executive Council,
Strategic Affairs Council, and Government Entities, including the policies
related to the corporate identity of the Government and Government Entities, in
accordance with the relevant approved policies and manuals;
19. ensure, in collaboration with the competent Government Entities,
coordination and integration amongst Government Entities, with a view to ensuring the smooth flow of work in
these entities; and provide opinion on all controversial matters that arise
amongst them;
20. consider the proposals and
comments of Government Entities received by the General Secretariat; and decide
which of these are required to be presented
to the Executive Council and the Strategic Affairs Council, together with the technical opinion of the General
Secretariat and the competent Government Entities where necessary;
21. provide administrative and
technical support to the Executive Council and the Strategic Affairs Council,
and to the sub-councils, committees, or work teams formed by them, including
coordinating and managing meetings; preparing and documenting
resolutions, recommendations, and minutes of meetings; and following up their implementation with the concerned entities;
22. prepare, in coordination
with the concerned Government Entities, the annual agenda
of the matters to be presented to the
Executive Council or to the Strategic Affairs
Council;
23. receive the correspondence addressed to the Executive Council and
communicate the relevant instructions to the concerned Government Entities; and
24. exercise any other duties
or powers assigned or delegated to the General Secretariat by
the Chairman or his deputies, or by the chairman of the Strategic Affairs
Council or his deputies.
a. A Secretary General will
be appointed to the Executive Council pursuant to a decree issued by the Ruler
upon the recommendation of the Chairman.
b. The above-mentioned Law
No. (8) of 2013 and the resolutions issued in pursuance thereof will apply to
the Secretary General.
a. The Secretary General will
supervise the work of the General Secretariat, manage its affairs, and issue
the resolutions required for regulating its work. For these purposes, he will
have the duties and powers to:
1.
approve the strategic plan
and operational plans of the General Secretariat, and follow up their
implementation;
2.
follow up the
implementation of the resolutions and recommendations issued by the Executive
Council and the Strategic Affairs Council; supervise the preparation of the
relevant required reports; and present these reports to the Executive Council and the
Strategic Affairs Council, as the case may be;
3.
supervise the preparation
of the meeting agendas of the Executive Council and the Strategic Affairs
Council, in coordination with the concerned Government Entities;
4.
supervise the preparation
of the minutes of meetings of the Executive Council and the Strategic Affairs
Council; and communicate to
their members the contents of these
minutes, the activities of the councils, and the dates and times of their
meetings;
5.
supervise the
documentation of the resolutions and recommendations issued by the Executive
Council and the Strategic Affairs Council, in accordance with the relevant
procedures he approves in this respect;
6.
supervise the conduct of
studies and research on the initiatives and projects which are commissioned by
the Chairman or any of his deputies; by the Executive Council; or by the Strategic
Affairs Council, its chairman, or his deputies;
7.
represent the Government
in executing the agreements and memoranda of understanding aimed at enhancing cooperation and coordination with the federal government,
local governments of the other emirates of the UAE, and the governments and cities of other countries in areas of common interest between sectors, subject to the approval of the Chairman and in accordance with the
legislation in force in the Emirate;
8.
supervise the preparation
of the draft annual budget and Financial Statements of the Executive Council,
and submit the same to the competent entities for approval;
9.
represent the Executive
Council before third parties, and sign in its name and on its behalf on
contracts, agreements, and memoranda of understanding in fields related to the
work of the Executive Council;
10.
appoint a rapporteur to the
Executive Council and to the Strategic Affairs Council, and determine the duties of each rapporteur;
11.
approve the resolutions
and bylaws regulating the administrative, financial, and technical work of the
General Secretariat, including procurement bylaws;
12.
supervise the work of the
executive body of the General Secretariat and appoint competent and specialised
Employees;
13.
open and manage accounts
with banking institutions operating in the UAE in accordance with the relevant
legislation in force; and
14.
exercise any other duties
or powers assigned or delegated to him by the Chairman or his deputies, or by
the chairman of the Strategic Affairs Council or his deputies.
b. The Secretary General may
delegate any of his functions under this Law to any of the assistant
secretaries general or General Secretariat Employees, provided that such delegation is specific and in writing.
The
financial resources of the Executive Council will consist of:
1. the financial
appropriations allocated to the Executive Council in the General Budget of the
Government; and
2. any other financial
resources approved by the Chairman.
a. In managing its accounts
and records, the Executive Council will apply the rules and principles of
government accounting in accordance with the International Public Sector
Accounting Standards.
b. The Financial Year of the
Executive Council will commence on 1 January and will end on 31 December of
each Year.
The
Chairman or his authorised representative will issue the resolutions required
for the implementation of the provisions of this Law.
a. This Law supersedes the
above-mentioned Law No. (3) of 2003.
b. The above-mentioned
Executive Council Resolution No. (40) of 2015 and Executive Council Resolution
No. (66) of 2017 are hereby repealed. Any provision in any other legislation is
also hereby repealed to the extent that it contradicts the provisions of this
Law.
c. The resolutions and bylaws
issued in implementation of the above-mentioned Law No. (3) of 2003, Executive
Council Resolution No. (40) of 2015, and Executive Council Resolution No. (66)
of 2017 will continue in force until new superseding resolutions and bylaws are
issued.
d. The chairmen, deputy chairmen, and members of the Executive Council and
the Strategic Affairs Council will continue to perform their duties until these
councils are reconstituted in accordance with the provisions of this Law.
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 14 December 2023
Corresponding
to 1 Jumada al-Thaniyah 1445 A.H.
©2024 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.