Law No. (4) of 2023
Concerning the Dubai Ports
Authority[1]
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We, Mohammed bin Rashid Al
Maktoum, Ruler of Dubai,
After perusal of:
Law No. (5) of 1995 Establishing the Department of Finance;
Law No. (1) of 2001 Establishing the Ports, Customs, and Free Zone Corporation and its amendments;
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (22) of 2015 Regulating Partnership between the Public Sector and the Private Sector in the Emirate of Dubai;
Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai, and its Implementing Bylaw and its amendments;
Law No. (8) of 2022 Regulating the Public Debt of the Government of Dubai;
Decree No. (3) of 1983 Establishing an Authority Named the “Dubai Dry Docks Authority” and its amendments;
Decree No. (1) of 1990 Establishing the Dubai Ports Authority and its amendments;
Decree No. (2) of 1990 Concerning the Dubai Dry Docks Authority;
Decree No. (4) of 1991 Concerning the Dubai Ports Authority;
Decree No. (29) of 2005 Affiliating the Dubai Dry Docks Authority to the Ports, Customs, and Free Zone Corporation; and
Resolution No. (10) of 2022 Assigning the Executive Director of the Dubai Ports Authority the Duty to Supervise the Dubai Dry Docks Authority; and
Commercial Licence number (1089546) issued to Dubai Ports World LLC by the Department of Economy and Tourism in the Emirate of Dubai on 15 August 2022,
Do hereby issue this Law.
Title of the Law
Article (1)
This Law
will be cited as “Law No. (4) of 2023 Concerning the Dubai Ports Authority”.
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. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
PCFZC: |
The Ports, Customs, and Free Zone Corporation. |
|
DPA: |
The Dubai Ports Authority. |
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Chairman: |
The chairman of the PCFZC. |
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Executive Director: |
The executive director of the DPA. |
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Vessel: |
Any vessel of any type or structure whatsoever operated on water to transport persons or Goods for personal, commercial, sports, or tourism purposes. |
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Maritime Port: |
A natural or man-made facility that is designated for the mooring of Vessels and in which the services required for the preparation for or conclusion of Vessel voyages are provided. This includes quays, buildings, and other facilities, whether they are located in, above, or adjacent to the water, as well as the land required for their use. Maritime Ports include all commercial ports and other ports established for the departure and arrival of passengers and the loading and unloading of goods in the Emirate, such as Dry Ports, Dry Docks, Port Facilities, container Handling Terminals, Operations, and related activities. Among Maritime Ports are Port Rashid, Al Hamriya Port, and Jebel Ali Port. |
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Dry Port: |
An inland intermodal terminal that is directly connected by road or rail to a Maritime Port and is operating as a centre for the transshipment of sea cargo to various destinations. Dry Ports have facilities for storing goods in warehouses, shipping goods, maintenance of cargo and transportation vehicles, customs clearance services, and container receiving functions. Dry Ports include Handling Terminals and railway stations. |
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Dry Dock: |
A facility designated for the construction, repair, and maintenance of Vessels; and for providing various services to these Vessels. It takes the form of a basin or a narrow passage that can be flooded with water to allow a loaded Vessel to float, after which water is drained to provide the Vessel with the required services. |
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Port: |
This includes Maritime Ports, Dry Ports, and Dry Docks. |
|
Port Facilities: |
Any site located within Ports or the navigational passages leading thereto, where services related to Vessels, goods, and passengers are provided. |
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Handling Terminal: |
An inland site in the Emirate, other than Ports, designated by the Government for the handling of commercial and industrial goods, and containers, and for performing all Operations and related activities. |
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Operations: |
All activities and services performed by the DPA within Ports and Handling Terminals. |
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Operator: |
Dubai Ports World (LLC) and any other entity designated by the DPA. |
Applicability of the Law to the DPA
Article (3)
The provisions of this Law apply to the Dubai Ports Authority established pursuant to the above-mentioned Decree No. (1) of 1990, as a public authority, having legal personality, financial and administrative autonomy, and the legal capacity required to undertake all acts and dispositions that ensure the achievement of its objectives and performance of its functions under this Law. The DPA is affiliated to the PCFZC.
Head Office of the DPA
Article (4)
The head office of the DPA will be located in the Emirate. Other offices of the DPA may be established within and outside of the Emirate pursuant to a resolution of the Chairman.
Objectives of the DPA
Article (5)
The DPA will have the following objectives:
1.
to
promote the Emirate as a distinguished global model in the management and operation of Ports and Handling
Terminals, and the performance of Operations;
2.
to
regulate and develop the Ports sector in the Emirate, in accordance with the adopted strategic plans and general
policies in this
regard;
3.
to
support the Emirate's vision of becoming a prominent global centre for maritime
trade; and enhance the import, export, and re-export movement through the Ports of the
Emirate;
4.
to
create a pro-investment environment that attracts international companies specialised in the
maritime shipping and logistics sector; and
5.
to
support the maritime sector and encourage investment in maritime industries and
services.
Functions of the DPA
Article (6)
For the purpose of achieving its objectives, and without prejudice to the applicable international conventions and treaties, the DPA will have the duties and powers to:
1.
develop
the strategic plans and devise the general policies for supervising Ports and
Handling Terminals in the Emirate;
2.
regulate,
operate, and manage Ports and Handling Terminals in the Emirate;
3.
construct,
develop, maintain, and oversee the infrastructure and superstructure in Ports; and provide them with the
necessary services;
4.
issue the regulations required for management
of Ports and Handling Terminals, and performing
Operations
therein; and for supervising and auditing the
same;
5.
determine
and regulate the business, activities, and professions authorised within Ports
and Handling Terminals; and issue the certificates and permits
required for the same
in coordination with the concerned entities in the Emirate;
6.
promote
Ports locally, regionally, and globally, in coordination with the concerned
entities;
7.
investigate incidents, excluding traffic
accidents, that occur at Ports and Handling Terminals; and issue the relevant
technical reports, in coordination with the concerned
entities in the Emirate;
8.
audit
and inspect all the activities that are conducted within Ports and Handling
Terminals; and record the acts committed in breach of the provisions of this
Law and the resolutions issued in pursuance hereof;
9.
organise the security aspects of
Ports, Handling Terminals, and Operations and activities in coordination with the
competent security authorities;
10.
establish
the rules and procedures to ensure the safety of passengers and goods, and eliminate any hazards that may
jeopardise their safety at the expense of the liable person;
11.
establish
the procedures for implementing the security requirements
issued by the International Maritime Organisation;
12.
follow
up on the approved security plans of Ports and Port Facilities, which comply
with the International Ship and Port Facility
Security Code of the International
Maritime Organization, in order to enhance maritime security;
13.
collaborate
and coordinate with the entities concerned with the
DPA functions,
within and outside
of the Emirate;
14.
establish
companies and corporations, solely or in partnership with other persons; and invest
in, enter into partnerships with, or hold shares in companies that conduct
activities related to the functions of the DPA;
15.
finance
its projects or those of any of its affiliates through borrowing
or providing
guarantees; or through issuing shares, bonds, or any other financial
instruments. The DPA may also provide, or authorise its affiliates or
subsidiaries to provide any financial guarantee, mortgage
security, or concession,
in accordance with the legislation in force in the Emirate;
16.
purchase,
own, sell, and lease out land, real property, and any other property as
required to enable it to achieve its objectives and perform its functions;
17.
organise, and participate in, exhibitions and conferences
specialised in all matters related to managing and operating Ports and Handling
Terminals; and
18.
exercise
any other duties or powers assigned to the DPA under the legislation in force
in the Emirate, or required for the achievement of the DPA objectives as
assigned to it by the Ruler or the Chairman of the Executive Council.
Organisational Structure of the DPA
Article (7)
The organisational structure of the DPA will consist of the following organisational levels:
1.
the
Chairman; and
2.
the
executive body.
Functions of the Chairman
Article (8)
a.
The
Chairman will undertake general supervision of the DPA. For this purpose, the
Chairman will have the duties and powers to:
1.
approve
the strategic plans, general policies, and work programmes of the DPA;
2.
approve
the services, work, projects, and activities that the DPA intends to
undertake;
3.
approve
the organisational structure of the DPA and submit the same to the Chairman of
the Executive Council for final approval;
4.
approve
the draft annual budget and Financial Statements of the DPA and submit the
same to the competent authority in the Emirate for final approval;
5.
approve
the resolutions, bylaws, and regulations governing the administrative,
financial, and technical work of the DPA;
6.
approve
the fees and charges for the services provided by the DPA to customers,
including the
use of Port Facilities, subject to
coordination with the DOF before approval of the same;
7.
approve
the fines
and penalties
for the acts committed in violation
of this Law and the resolutions issued in
pursuance hereof, and submit the same to the Chairman of the Executive Council
for final approval;
8.
approve
the establishment of any affiliate or subsidiary of the DPA, as required for
the achievement of the objectives for which the DPA is established; and
b.
The
Chairman may delegate any of his powers under sub-paragraphs (a)(2) and (a)(5)
of this Article to the Executive Director, provided that such delegation is
specific and in writing.
Executive Body of the DPA
Article (9)
The DPA will have an executive body comprised of the Executive Director and a number of administrative, finance, and technical employees whose terms of employment, rights, obligations, termination, and other related matters will be determined pursuant to a regulation issued by the Chairman in this respect.
Appointment and Functions of the Executive
Director
Article (10)
a.
The
Executive Director will be appointed pursuant to a resolution issued by the
Chairman of the Executive Council based on the recommendation of the Chairman.
b.
The
Executive Director will manage the DPA in accordance with the provisions of
this Law, the resolutions issued in pursuance hereof, and other legislation in
force in the Emirate. The Executive Director will be directly responsible to
the Chairman for performing the duties assigned to him. In particular, the
Executive Chairman will have the duties and powers to:
1.
propose
the strategic plans, general policies, and work programmes of the DPA; submit them to the Chairman for
approval; and follow up the implementation of the same upon
their approval;
2.
propose
the services, work, projects, and activities to be performed by the DPA; and
submit the same to the Chairman for approval;
3.
propose
the resolutions, bylaws, and regulations governing the financial,
administrative, and technical work of the DPA; and submit the same to the
Chairman for approval;
4.
prepare
the draft annual budget and Financial Statements of the DPA, and submit the
same to the Chairman for approval;
5.
propose
fees and charges for the services provided by the DPA
to its customers,
including the use of Port Facilities; and coordinate with
the DOF in respect thereof prior to their submission to the Chairman
for approval;
6.
propose
fines and penalties for the acts committed
in violation of
this Law and the resolutions issued in pursuance hereof, and submit the same to the
Chairman for approval;
7.
prepare
the organisational structure of the DPA, and submit the same to the Chairman
for approval;
8.
supervise
the executive body of the DPA and monitor its administrative, technical, and
financial performance;
9.
represent
the DPA before third parties; and conclude the contracts, agreements, and
memoranda of understanding required for the achievement of the objectives of
the DPA;
10. open and manage bank accounts
in accordance with the legislation in force in the Emirate;
11. prepare annual reports on the
performance of the executive body of the DPA and submit the same to the Chairman
to give the relevant directives as he deems appropriate;
12. identify the Operations that the DPA intends to outsource to Operators, and submit all relevant information to the Chairman to give the
relevant directives as he deems appropriate;
13. follow up the implementation
of the work, projects, and activities of the DPA,
and oversee the phases of completion of the same;
14. coordinate with the local and
federal concerned entities on all matters related to the objectives and
functions of the DPA; and
15. exercise any other duties or
powers related to the achievement of the objectives of the DPA, as assigned or
delegated to him by the Chairman.
c.
The
Executive Director may delegate any of his powers under
sub-paragraphs
(b)(6), (b)(7), (b)(8), and (b)(12) of this Article to any of the DPA
employees, provided that such delegation is specific and in writing.
Outsourcing Operations
Article (11)
The DPA may outsource to an Operator any of the Operations assigned to it under this Law, and the resolutions issued in pursuance hereof, pursuant to an agreement concluded for this purpose. This agreement will state its term and the rights and obligations of both parties.
Law Enforcement
Article (12)
The employees of the DPA nominated pursuant to a resolution of the Executive Director will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of the resolutions issued in implementation of this Law. For this purpose, they may issue the necessary violation reports; inspect the establishments operating within the Ports, the Port Facilities, and the Handling Terminals; and seek, where necessary, the assistance of police personnel.
Financial Resources of the DPA
Article (13)
The financial resources of the DPA will consist of:
1.
movable
and immovable property allocated to the DPA by the PCFZC;
2.
fees
and charges collected by the DPA in return for its services;
3.
returns
on the investment of the property of the DPA; and
4.
any
other resources approved by the Chairman.
Budget and Accounts of the DPA
Article (14)
a.
The
DPA will have an Independent Budget which reflects its actual financial
position.
b.
In
managing its accounts and records, the DPA will apply the rules and principles
of commercial accounting in accordance with the
relevant
recognised international standards.
c.
The
Financial Year of the DPA will commence on 1 January and will end on 31
December of each year.
Transfer of the Dubai Dry Docks Authority
Article (15)
a. As of the date on which this
Law comes into force, the following will be transferred to the DPA:
1.
all
the duties and powers assigned to the Dubai Dry Docks Authority under the
above-mentioned establishing Decree No. (3) of 1983;
2.
all
the employees of the Dubai Dry Docks Authority, without prejudice to their
existing rights; and
3.
the
movable and immovable property owned by the Dubai Dry Docks Authority.
Assets Transferred to the DPA
Article (16)
In addition to the assets owned by the DPA, including Port Rashid, Al Hamriya Port, and Jebel Ali Port, the following assets are hereby transferred to the DPA as of the effective date of this Law:
1.
the
assets
owned by the PCFZC at Deira Wharfage and Creek Harbour;
2.
the
assets
of the Dry Port affiliated to the PCFZC;
3.
Plot
No. (5916624), located in Jebel Ali First Area, as
shown on the Plan attached hereto; and
4.
Plot
No. (9813524), located in Maqtara area, as shown on the map attached hereto.
Cooperation with the DPA
Article (17)
All Government Entities in the Emirate must, upon request, fully cooperate with the DPA to enable it to achieve its objectives and to exercise the functions assigned to it under this Law, the resolutions issued in pursuance hereof, and other legislation in force in the Emirate.
Non-liability
Article (18)
a. Neither the Government nor
the PCFZC will be liable to third parties for any debts or obligations claimed
from the DPA. The DPA will be solely liable for such debts or obligations.
b. The DPA will not be liable to
third parties for any debts or obligations owed by
Operators. An Operator
will be solely liable to third parties for such debts or obligations.
c. Except in cases of fraud and
gross fault, neither the Chairman, nor the Executive Director, nor any of the
employees of the executive body of the DPA will, in the course of
managing the DPA and its operations, be liable to third parties for any act or
omission committed by him in connection with this management. The DPA will be
solely liable to third parties for any such act or omission.
Issuing Implementing Resolutions
Article (19)
With the exception of the resolutions which the Chairman of the Executive Council is authorised to issue under this Law, the Chairman will issue the resolutions required for implementing the provisions of this Law. These resolutions will be published in the Official Gazette.
Supersession and Repeals
Article (20)
a.
This
Law
supersedes the above-mentioned Decree No. (1) of 1990 and Decree No. (4) of
1991.
b.
The
above-mentioned Decree No. (3) of 1983, Decree No. (29) of 2005, and Resolution
No. (10) of 2022 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, bylaws, and regulations issued in implementation of the
legislation mentioned in paragraphs (a) and (b) of this Article will continue
in force, to the extent that they do not contradict this Law, until
new superseding resolutions, bylaws, and regulations are issued.
Publication and Commencement
Article (21)
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 6 February 2023
Corresponding
to 15 Rajab 1444 A.H.
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