Law
No. (13) of 2015
Establishing the
Free
Zone Council in 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;
Economic Development Committee Chairman
Resolution No. (10) of 2011 Forming the Free Zone Council in 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.
(13) of 2015 Establishing the Free Zone Council in 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:
|
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. |
|
Free Zone: |
Any free zone established in the Emirate pursuant to
legislation issued by the Ruler. |
|
FZC: |
The Free Zone Council in the Emirate of Dubai. |
|
Chairman: |
The chairman of the FZC. |
|
Member: |
A member of the FZC. |
|
General Secretariat: |
The general secretariat of the FZC. |
|
Secretary General: |
The secretary general of the FZC. |
Pursuant
to this Law, a public corporation named the “Free Zone Council in the Emirate
of Dubai” is established. The FZC will have legal personality, financial and
administrative autonomy, and the legal capacity required to undertake all acts
and dispositions that ensure the achievement of its objectives.
The
head office of the FZC will be located in the Emirate. The FZC may establish
branches and offices within and outside of the Emirate.
The FZC will have the following objectives:
1. to contribute to promoting, developing, and
qualifying Free Zones to attract investments; and to create an advanced
investment environment that contribute to promoting industry, commerce,
tourism, and services in the Emirate;
2. to enhance coordination, cooperation, and
exchange of knowledge, experience, expertise, and practices among Free Zones;
3. to act as a reference authority that
represents Free Zones before local, regional, and international entities;
4. to optimise competition among Free Zones in
order to attract investments, and to identify sectors and investment trends in
these Free Zones;
5. to enhance the implementation of the strategic
plan of the Emirate in the areas related to the objectives and functions of Free
Zones;
6. to improve and optimise the performance of Free
Zones, and to ensure their competitive edge at the regional and international
levels; and
7. to reinforce the role of Free Zones by adopting
a flexible policy to enhance the efficiency of the economic activities
conducted in these Free Zones.
The FZC will be formed of a Chairman and a
number of Members, appointed by a decree of the Ruler. Members must include
officers in charge of Free Zone authorities and representatives from concerned Government
entities in the Emirate.
For
the purpose of achieving its objectives, the FZC will have the duties and
powers to:
1. contribute to formulating the policies and
strategic plans of the Emirate by providing advice to the Government on Free
Zone policies;
2. develop a comprehensive Free Zone strategy; devise
a Free Zone general policy that takes into account the objectives and special
characteristics of each Free Zone; and make the recommendations necessary to
support and develop Free Zones;
3. standardise the rules and regulations
applicable within Free Zones with respect to registration, licensing, and
control, taking into account the special characteristics of each Free Zone;
4. coordinate with concerned entities in the
Emirate to create a comprehensive database which serves Free Zones and the establishments
operating therein, and which includes data on performance rates and indicators;
5. review the legislation and policies that
affect Free Zones, and propose the necessary action in this regard;
6. coordinate with concerned entities in the
Emirate on all matters relating to Free
Zones and foreign investments in Free Zones;
7. explore the actual conditions in Free Zones,
and propose appropriate solutions to promote and develop such Free Zones and to
overcome any obstacles they encounter;
8. in coordination with concerned entities,
represent Free Zones before local, federal, and international entities, and in
local, regional, and international conferences and exhibitions;
9. promote investment projects and opportunities in
Free Zones, and provide data and information on these projects and
opportunities;
10. conduct studies and research, make proposals, and
issue bulletins and statistics as required to assist the Government in formulating its
economic and investment strategy to enhance the work of Free Zones;
11. hold conferences, symposia, workshops, and
seminars on issues relating to Free Zones;
12. contribute to settling disputes among Free
Zones or between Free Zones and other entities, with a view to serving the best
interest of the Emirate;
13. seek assistance from experienced and competent
persons, as it deems appropriate, and form specialised committees and work
teams; and
14. perform any other duties
that contribute to achieving the objectives of the FZC.
a. The
FZC will convene at the invitation of the Chairman at least once every three
(3) months, or where necessary. Meetings of the FZC will be valid if attended
by the majority of its Members, provided that the Chairman is in attendance.
b. The
Chairman will determine the agendas of meetings of the FZC based on the
proposal of the General Secretariat. Invitations to attend any meeting will be
sent by the General Secretariat to the Members together with the meeting agenda,
at least one (1) week before convening the meeting.
c. Resolutions
of the FZC will be passed by majority vote of attending Members, and in the
event of a tie, the Chairman will have the casting vote.
d. Resolutions
of the FZC will be
recorded in minutes signed by the Chairman and attending Members.
a. The
Chairman will be
appointed by a decree issued by the Ruler.
b. The Chairman will undertake the general
supervision of the work and activities of the FZC, and may
in particular:
1.
approve the general policy of the
FZC, and the strategic plans and objectives for developing Free Zones;
2.
ensure efficient performance of the
FZC by presiding over its meetings and managing its discussions;
3.
approve the charter of the FZC;
4.
approve the resolutions regulating
the administrative, technical, and financial work of the FZC;
5.
approve the organisational structure
of the FZC to enable it to implement and develop its plans, projects, and
programmes;
6.
approve the draft annual budget and
final accounts of the FZC;
7.
approve the plans, programmes, and
initiatives for encouraging and developing business within Free Zones;
8.
motivate the full and effective
participation of all Members to ensure achievement of the objectives of the
FZC; and
9.
ensure effective communication among
Members, and convey their viewpoints to the Executive Council.
a. The
FZC will have a General Secretariat comprised of a Secretary General, appointed
by a decree of the Ruler, and a number of employees.
b. The
Secretary General will have the duties and powers to:
1. follow
up the implementation of the general policy and strategic plans and objectives
of the FZC, and the operational plans, programmes, and
initiatives approved by the FZC;
2.
supervise the regulatory,
administrative, and technical affairs of the FZC;
3.
draft the charter of the FZC, and
submit it to the FZC for approval;
4.
follow up the implementation of the
resolutions issued by the FZC;
5.
prepare a quarterly report on the
work and activities of the General Secretariat, and submit it to the Chairman;
6.
make proposals and provide opinion
and comments about the committees formed by the FZC, and submit the necessary
recommendations regarding these committees to the Chairman;
7.
appoint the technical and
administrative body of the General Secretariat in accordance with the relevant
resolutions approved by the Chairman, and supervise its daily work;
8.
prepare the draft annual budget and
final accounts of the FZC, and submit the same to the FZC for approval;
9.
prepare the draft organisational
structure of the FZC and General Secretariat, and submit it to the Chairman for
approval;
10.
coordinate and arrange for meetings
of the FZC; and
11. perform
any other duties assigned to him by the Chairman or the FZC.
The
provisions of this Law apply without prejudice to the legal personality and
legally prescribed functions of the authorities managing Free Zones. A Free
Zone will be managed in accordance with its regulatory legislation to the
extent that such legislation does not contradict the provisions of this Law.
All Free
Zones must fully cooperate with the FZC and implement its resolutions.
The
financial resources
of the FZC will consist of:
1. contributions of Free Zones to the annual
budget of the FZC, as determined in accordance with the percentages approved by
the FZC; and
2. any other resources approved by the FZC.
In
regulating its accounts and records, the FZC will apply the rules and
principles of commercial accounting. The financial year of the FZC will
commence on 1 January and will end on 31 December of each year, except that the
first financial year of the FZC will commence on the date on which this Law
comes into force and will end on 31 December of the following year.
The
Chairman will issue the resolutions required for the implementation of the
provisions of this Law.
The above-mentioned
Economic Development
Committee Chairman Resolution No. (10) of 2011 is hereby repealed.
Any provision in any other legislation will also be repealed to the extent that
it contradicts the provisions of this Law.
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 11 April 2015
Corresponding to 22 Jumada al-Thaniyah 1436 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.