Law
No. (2) of 2012
Establishing
the
Dubai
Aviation Engineering Projects Corporation[1]
ـــــــــــــــــــــــــــ
We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal
of:
Federal Law No. (20) of 1991 Issuing the Civil
Aviation Law;
Federal Law No. (4) of 1996 Establishing the General
Civil Aviation Authority and its amendments;
Law No. (8) of 2006 Establishing the Dubai
Aviation City Corporation and its amendments;
Law No. (22) of 2007 Establishing the Dubai
Air Navigation Services Corporation;
Law No. (23) of 2007 Establishing the Dubai
Airports Corporation;
Law No. (35) of 2009 Concerning Management of
the Public Funds of the Government of Dubai; and
Law No. (19) of 2010 Concerning the Dubai
Civil Aviation Authority,
Do
hereby issue this Law.
This
Law will be cited as "Law No. (2) of 2012 Establishing the Dubai Aviation
Engineering Projects Corporation".
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. |
|
Government: |
The Government of Dubai. |
|
DACC: |
The Dubai Aviation City Corporation. |
|
President: |
The president of the DACC. |
|
DAEPC: |
The Dubai Aviation Engineering Projects Corporation. |
|
Executive Chairman: |
The executive chairman of the DACC. |
|
CEO: |
The chief executive officer of the DAEPC. |
Pursuant
to this law, a public corporation named the “Dubai Aviation Engineering
Projects Corporation” is established. The DAEPC 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 DAEPC will conduct its business on a commercial basis, and will
be affiliated to the DACC.
The
head office the DAEPC will be located in the Emirate. The DAEPC may establish
branches and offices within and outside of the Emirate.
The DAEPC
aims to promote the Emirate’s position in the areas of planning, designing, and
constructing Airports and their ancillary
facilities, and to attract local and foreign investments in such areas. For the
purposes of achieving these objectives, the DAEPC may:
1. in coordination with the concerned entities,
provide the engineering and technical solutions required for developing existing
Airports in the Emirate to improve the level of their services;
2. prepare engineering studies, designs, and
plans for new Airports and their ancillary facilities, and develop the relevant
technical specifications, standards, and requirements for the same;
3. supervise the construction of new Airports and
their ancillary facilities, renovate existing Airports and facilities, and provide
the required infrastructure services within and outside of the Emirate adopting
the latest technology and the highest international quality and safety
standards;
4. determine the engineering and technical
obstacles that encounter the management and operation of Airports, and find appropriate
solutions for such obstacles in coordination with the concerned entities;
5. in accordance with the legislation in force in
the Emirate, conclude agreements and contracts, related to its field of work, with
corporations, companies, and consultancy houses within and outside of the UAE;
and
6. engage qualified and experienced consultants
to evaluate the work and projects of the DAEPC, to determine the budget allocations
required for such work and projects, and to supervise their implementation.
a. The President will undertake the general
supervision of the work of the DAEPC and will, as he deems appropriate, make
the decisions required to achieve the objectives of the DAEPC, including to:
1. approve the general policy, strategic and investment
plans, and work programmes of the DAEPC;
2. approve the draft annual budget and final
accounts of the DAEPC, and submit these to the competent entities for final
approval; and
3. approve the organisational structure of the DAEPC
and the internal bylaws regulating its administrative, financial, and technical
affairs.
b. The President may delegate any of his powers under
paragraph (a) of this Article to the Executive Chairman.
The Executive
Chairman will supervise the performance by the executive body of the DAEPC of
its duties and responsibilities under this Law, and he may, in particular:
1. adopt the general policy, strategic and investment
plans, and work programmes of the DAEPC, and supervise implementation of the
same after their approval by the President;
2. submit the draft annual budget and final
accounts of the DAEPC together with his relevant recommendations to the
President for approval;
3. approve the organisational structure of the DAEPC,
and submit it to the President for final approval;
4. approve the internal bylaws regulating the
administrative, financial, and technical affairs of the DAEPC, and submit these
to the President for final approval;
5. supervise the achievement of the goals and
objectives of the DAEPC, and approve its work, projects, and activities;
6. develop strategic and investment relations and
partnerships of the DAEPC at the local and international levels; and
7. perform any other duties assigned to him by
the President which are related to the business of the DAEPC.
A CEO
will be appointed to the DAEPC pursuant to a resolution of the President.
The CEO
will be in charge of the management of the DAEPC and its administrative,
technical, and financial affairs, and will represent it before third parties. For
this purpose, he may:
1. implement the strategic plans of the DAEPC, the
general policy of the DAEPC approved by the President, and the resolutions issued
by the President in this respect;
2. prepare the draft annual budget and final
accounts of the DAEPC, and submit these to the Executive Chairman;
3. follow up and supervise the stages of
implementation of the work, projects, and activities of the DAEPC;
4. propose the organisational structure of the DAEPC,
and submit it to the Executive Chairman for approval;
5. propose the bylaws regulating the
administrative, financial, and technical affairs of the DAEPC, and submit these
to the Executive Chairman for approval;
6. conclude contracts, agreements, and memoranda
of understanding required for the achievement of the objectives of the DAEPC;
7. coordinate with concerned entities within and
outside of the Emirate in respect of strategic planning for the purpose of achieving
the objectives of the DAEPC;
8. submit regular reports on the workflow of the DAEPC
to the Executive Chairman for approval; and
9. perform any other duties related to the
business of the DAEPC as assigned to him by the President or the Executive
Chairman.
All
Government entities in the Emirate must fully cooperate with the DAEPC to enable
it to achieve its objectives.
Neither
the Government nor the DACC will be liable to third parties for the debts and obligations
of the DAEPC. The DAEPC will be solely liable for such debts and obligations.
Except
in cases of fraud and gross fault, neither the President, nor the Executive
Chairman, nor the CEO will, in the course of managing the DAEPC and its
operations, be liable to third parties for any act or omission in relation to such
management. The DAEPC will be solely liable to third parties for such act or
omission.
a. The DAEPC will have an independent budget that
reflects its actual financial position.
b. In regulating its accounts and records, the DAEPC
will apply the principles and rules of commercial accounting in accordance with
recognised international standards.
c. The financial year of the DAEPC will commence
on 1 January and will end on 31 December of each year, except that the first
financial year will commence on the date on which this Law comes into force and
will end on 31 December of the following year.
The
financial resources of the DAEPC will consist of:
1. support allocated to the DAEPC in the budget
of the DACC;
2. proceeds from the work and activities of the DAEPC;
and
3. any other resources approved by the President.
a. Pursuant to this Law, all rights, liabilities,
obligations, and powers of the Engineering Projects Department of the DACC are
transferred to the DAEPC.
b. The employees of the Engineering Projects
Department of the DACC will, in coordination with the DACC, be transferred to
the DAEPC and will retain their existing rights.
The
President will issue the resolutions required for the implementation of the
provisions of this Law.
Any
provision in any other legislation will 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 29 March 2012
Corresponding
to 6 Jumada al-Ula 1433 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.