Law No. (9)
of 2015
Concerning
the
Dubai World
Trade Centre[1]
ـــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (11)
of 2006 Establishing the Investment Corporation of Dubai and its amendments;
Law No. (10)
of 2008 Establishing the Dubai World Trade Centre Corporation;
Law No.
(35) of 2009 Concerning Management of the Public Funds of the Government of
Dubai and its amendments; 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. (9) of 2015 Concerning the Dubai World Trade 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. |
|
Government: |
The Government of Dubai. |
|
DWTC: |
The Dubai World Trade Centre. |
|
ICD: |
The Investment Corporation of Dubai. |
|
DWTCA: |
The Dubai World Trade Centre Authority. |
|
Board of Directors: |
The board of directors of the DWTCA. |
|
Chairman: |
The chairman of the DWTCA. |
|
Director General: |
The director general of the DWTCA. |
|
DWTC Zones: |
The Free Zone and the Administrative Zone. |
|
Free Zone: |
The free zone established within the boundaries of the DWTC in
accordance with this Law. |
|
Administrative Zone: |
The administrative zone established within the boundaries of the DWTC
in accordance with this Law. |
|
DWTC Establishments: |
Sole establishments and commercial companies licensed to operate
within the DWTC in accordance with this Law and the resolutions issued in
pursuance hereof. |
a.
Pursuant to this Law, the following
are established:
1.
a zone named the “Dubai World Trade
Centre”. The location, area, and boundaries of this zone are demarcated in the
maps attached to this Law; and
2.
a public corporation named the “Dubai
World Trade Centre Authority”. The DWTCA
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 DWTCA will be affiliated to the ICD.
b.
A Free Zone and an Administrative Zone
are hereby established within the DWTC. The Chairman will determine their
locations, areas, and boundaries. The DWTC Zones will be managed by the DWTCA
and governed by its regulatory legislation. The resolutions issued by the
Chairman in this respect must be published in the Official Gazette of the
Government.
The DWTC aims
to:
1.
promote the
Emirate as a hub for international trade and for diversified and sustainable
economic development;
2.
contribute to
promoting the Emirate as a prime destination for hosting and organising
exhibitions, conferences, and events at the local and international levels; and
3.
contribute to
attracting local and international commercial investments, companies, and
corporations to set up business and invest in the DWTC Zones.
The DWTCA
will supervise the administration of the DWTC. For the purposes of achieving
the objectives of the DWTC, the DWTCA will have the duties and powers to:
1.
in coordination
with concerned entities and in accordance with the legislation in force in the
Emirate, establish, develop, and manage the infrastructure and administrative
services within the DWTC Zones, including the construction of buildings and residential,
commercial, and hotel establishments whether by itself or through real estate
developers;
2.
determine the
business and activities which are authorised within the DWTC Zones, and
establish the rules, conditions, requirements, and procedures for licensing such
business and activities;
3.
approve the
master plan of the DWTC Zones; and license, regulate, control, and supervise
all construction works performed within the DWTC Zones;
4.
register and
license DWTC Establishments within the Free Zone in accordance with the
provisions of this Law and the resolutions issued in pursuance hereof;
5.
register and
license DWTC Establishments within the Administrative Zone in accordance with
the legislation in force in the Emirate;
6.
in accordance with the legislation in
force in the Emirate, determine and collect fees for the registration and licensing
of DWTC Establishments and any other fees or charges levied by the DWTCA in return for the services it provides;
7. audit and inspect DWTC Establishments and their activities to verify their compliance with the provisions of this Law and the resolutions issued in pursuance hereof;
8. establish corporations and companies solely or in partnership with third parties, or invest in these corporations and companies;
9. coordinate with other free zones to streamline the business activities of DWTC Establishments in these free zones;
10. provide DWTC Establishments, upon request, with administrative, technical, and specialised personnel, tradesmen, and any other workers, in accordance with the resolutions issued in pursuance hereof, and with the terms agreed upon by the DWTCA and these DWTC Establishments;
11. purchase, take lease of, and own moveable and immoveable property, as may be required, and invest and dispose of such property in any legal manner;
12. cooperate and coordinate with local, federal, regional, and international entities, including other free zones, in areas related to the business of the DWTCA; and
13. perform any other duties required for the achievement of the objectives of the DWTC.
The
organisational structure of the DWTCA will comprise:
a.
the Chairman;
b.
the Board of
Directors;
c.
the Director
General; and
d.
the executive
body.
a.
A Chairman will
be appointed to the DWTCA pursuant to a
decree of the Ruler.
b.
The Chairman will
undertake the general supervision of the DWTCA, and for such purpose, he will have the duties and powers to:
1.
approve the
general policy and the strategic and development plans of the DWTCA;
2.
approve the
services, works, projects, and activities that the DWTCA intends to undertake;
3.
approve the
organisational structure of the DWTCA;
4.
approve the draft
annual budget and final accounts of the DWTCA, and submit the same to the
competent entities for approval; and
5.
establish
affiliates of the DWTCA as required to perform its duties in accordance with
this Law and the resolution issued in pursuance hereof.
c.
The Chairman may
delegate any of the powers stipulated in paragraphs (b)(2) and (b)(5) of this
Article to a committee formed by the Board of Directors, provided that such
delegation is specific and in writing.
a.
The DWTCA will be
supervised by a Board of Directors. The Board of Directors will be presided
over by the Chairman, and will comprise a vice chairman and at least five (5)
other members.
b.
The vice chairman
and members of the Board of Directors will be appointed pursuant to a
resolution of the Chairman for a renewable term of three (3) years.
c.
In the absence of
the Chairman, the vice chairman will act as the Chairman, and will exercise all
his functions.
a.
The Board of
Directors will have the duties and powers to:
1.
approve the
general policy of the DWTCA and the strategic, development, and operational plans
proposed by the Director General; and present the relevant recommendations to
the Chairman to take the appropriate action in this respect;
2.
discuss the draft
annual budget and final accounts of the DWTCA, and submit the same to the
Chairman for approval;
3.
approve the
organisational structure of the DWTCA and submit the same to the Chairman for
final approval;
4.
approve rules and
procedures for the registration and licensing of DWTC Establishments, and
approve the fees prescribed for the services provided by the DWTCA;
5.
approve the
resolutions regulating the administrative, financial, and technical work of the
DWTCA;
6.
determine
investment opportunities and supervise the construction of infrastructure in
the DWTC;
7.
conduct annual
reviews of the performance reports of the DWTCA, and submit the relevant
recommendations to the Chairman;
8.
approve the
services, works, projects, and activities which the DWTCA intends to undertake;
and submit these to the Chairman for final approval; and
9.
perform any other
duties assigned or delegated to it by the Chairman.
b.
The Board of
Directors may delegate the powers stipulated in paragraph (a)(4) of this
Article to the Director General, provided that such delegation is specific and
in writing.
a.
The Board of
Directors will be convened by its Chairman, or in his absence by the vice
chairman, at least twice a year, or where required. Meetings of the Board of
Directors will be valid if attended by the majority of its members, provided
that the Chairman or vice chairman of the Board of Directors is in attendance.
b.
The resolutions
of the Board of Directors will be passed by majority vote of attending members,
and in the event of a tie the chair of the meeting will have the casting vote.
Meetings of the Board of Directors will be recorded in minutes of meetings
signed by the chair of the meeting and attending members.
c.
The Board of
Directors may seek assistance from the experts and specialists it deems
appropriate to attend its meetings, provided that they do not have the right to
vote.
a.
The Director
General will be appointed pursuant to a decree of the Ruler.
b.
Under the
supervision of the Chairman, the Director General will manage the DWTCA in
accordance with the provisions of this Law and the resolutions issued in
pursuance hereof. For this purpose, the Director General will have the duties
and powers to:
1.
propose the
general policy and the strategic, development, and operational plans of the DWTCA,
submit these to the Board of Directors for approval, and take appropriate
action for implementation of the same upon final approval;
2.
propose
resolutions to regulate the administrative, financial, and technical work of
the DWTCA, and submit these to the Board of Directors for approval;
3.
prepare the draft
annual budget and the final accounts of the DWTCA, and submit the same to the Board
of Directors for discussion;
4.
prepare the organisational
structure of the DWTCA, and submit the same to the Board of Directors for approval;
5.
issue the
resolutions required for maintaining registers for the licensing of DWTC
Establishments and other registers relating to the work of the DWTCA;
6.
coordinate with
local and federal government entities and with other free zones for the purpose
of achieving the objectives of the DWTC;
7.
supervise the
executive body of the DWTCA and audit its administrative, technical, and
financial performance;
8.
represent the
DWTCA before third parties, and conclude the contracts and agreements required
for the achievement of the objectives of the DWTC;
9.
subject to approval
of the Chairman, open and manage bank accounts in accordance with the
legislation in force;
10.
prepare annual
reports on the performance of the executive body with respect to achieving the
objectives of the DWTC, and submit these to the Board of Directors; and
11.
perform any other
duties assigned or delegated to him by the Board of Directors.
c.
The Director
General may delegate any of the powers stipulated in paragraph (a) of this
Article to any employee of the DWTCA, provided that such delegation is specific
and in writing.
The DWTCA will have an executive body comprised of a number of
administrative, financial, and technical employees whose terms of employment,
rights, obligations, termination, and other related matters will be determined
pursuant to a regulation issued by the Director General in this respect.
The
financial resources of the DWTCA will consist of:
1.
the moveable and
immoveable property allocated by the ICD to the DWTCA;
2.
licensing fees
and charges for the services provided by the DWTCA;
3.
returns on
investment of the property of the DWTCA; and
4.
gifts, donations, and other resources approved
by the Chairman.
a.
The DWTCA will have
an independent budget which reflects its actual financial position.
b.
In regulating its
accounts and records, the DWTCA will apply commercial accounting rules and principles,
and recognised international standards.
c.
The financial
year of the DWTCA will commence on 1 January and will end on 31 December of
each year, except that the first financial year of the DWTCA will commence on
the date on which this Law comes into force and will end on 31 December of the
following year.
All
Government Entities in the Emirate must cooperate with the DWTCA to enable it to perform the
duties assigned to it under this Law and the resolutions issued in pursuance
hereof.
The following
activities will be prohibited within the DWTC:
1.
any activity that
conflicts with the terms of the licences issued to DWTC Establishments or with
the legislation in force; and
2.
any activity that
conflicts with public order or morality.
a.
All national or
foreign goods from whatever source will be admitted to the DWTC Zones.
b.
As an exception
to paragraph (a) of this Article, the following goods and products may not be brought
into the DWTC Zones:
1.
perished goods;
2.
goods violating commercial,
industrial, literary, artistic, and intellectual property laws, including the laws
and rules related to trademarks, patents, copyrights, and design rights;
3.
goods prohibited
by the UAE or the Government;
4.
goods that
feature inscriptions, drawings, ornamentations, marks, or figures that conflict
with the doctrines, teachings, and beliefs of heavenly revealed religions; or
that breach public order or morality;
5.
military goods
and ammunition, except those admitted pursuant to a permit issued by the
competent authority in the UAE; and
6.
all goods,
products, and services which are prohibited under the legislation in force in
the Emirate.
a.
Goods brought into
the Free Zone, or manufactured, produced, or developed therein will be exempt
from customs duties; and when exported outside of the UAE, no customs duties
will be levied on these goods.
b.
Products stored in
the Free Zone, or used in any process within the Free Zone, will be exempt from
customs duties.
c.
Products exported
from the Free Zone to the customs zone within the Emirate will be deemed as if imported
from abroad for the first time, and customs duties will
apply to these products in accordance
with the customs tariff provisions in force.
In
respect of their operations in the Free Zone, DWTC Establishments licensed in
the Free Zone and their employees will be exempt, for a period of fifty (50)
years renewable for the same period pursuant to a resolution of the Ruler, from
all taxes, including the income tax. This period will start on the date on
which a licensed DWTC Establishment or its employee commences work within the
Free Zone.
Neither
DWTC Establishments, nor their property, nor the property of their employees may
be subject to any nationalisation or limitation of private ownership measures
throughout the period of their work within the DWTC.
DWTC
Establishments may, at their own discretion, employ or hire any person to
perform work in the DWTC, provided that such person is not a national of any
country which is politically boycotted by the UAE.
a.
Neither the DWTCA nor the DWTC Establishments licensed in the Free Zone
will, in relation to their operations in the Free Zone, be governed by the laws, regulations, authority, or powers of the
Dubai Municipality or the Department of Economic Development. This will not
apply to the legislation related to public health and safety, and food and
environment control , or to the legislation that expressly stipulates that it
is applicable to free zones.
b.
The DWTCA may, as it deems appropriate, seek assistance from Government Entities
and other free zones in the Emirate, and benefit from their programmes and
systems in licensing DWTC Establishments. These programmes and systems will be
implemented in accordance with the bylaws in force in the DWTC. Licences issued
to DWTC Establishments in cooperation with concerned Government Entities will
be deemed as if issued by the DWTCA.
Corporations
and companies will be incorporated in the Free Zone in accordance with the
regulations in force in the Free Zone. These companies will be deemed DWTC
Establishments licensed in the Free Zone. These companies may be owned by one
or more natural or legal persons, whether UAE nationals or foreigners.
a.
No entity may
conduct any activity within the DWTC unless it is licensed by the
DWTCA to conduct such activity.
b.
Pursuant to a relevant regulation
approved by the Board of Directors, DWTC
Establishments will be licensed in the Free Zone, all the rules regulating
their business, including their establishment, registration, and governing
requirements and rules will be determined, the regulations governing their liquidation
will be established, and any other relevant matters will be determined.
a.
The name of a DWTC Establishment licensed in the Free Zone must, in all
its transactions, contracts, advertisements, invoices, correspondence, and
publications, be followed by an indication that it is a free zone
establishment, and a statement of its legal form.
b.
Where the owner of a DWTC Establishment licensed
in the Free Zone fails to comply with paragraph (a) of this Article, he will be
personally liable to settle the obligations of the establishment from all his
moveable and immoveable property.
a.
Neither the
Government nor the ICD will be liable to third parties for any debts or
obligations claimed from the DWTCA or its affiliates. The DWTCA will be solely liable
for such debts or obligations.
b.
Neither the DWTCA nor its authorised representatives will be liable to third
parties for the obligations of DWTC Establishments or of their employees.
Except in
cases of fraud or gross fault,
neither the Chairman, nor the vice chairman of the Board of Directors, nor any member
of the Board of Directors, nor the Director General, nor any employee of the
executive body of the DWTCA will, in the course of managing the DWTCA, be
liable to third parties for any act or omission in respect of such management.
The DWTCA will be solely liable to third parties for such act or omission.
No
DWTC Establishment may assign the licence issued to it by the DWTCA to any
other party or entity without first obtaining the written approval of the DWTCA.
The
Board of Directors will issue a bylaw determining the administrative penalties
prescribed for violating this Law and the resolutions issued in pursuance
hereof. This bylaw will also determine the entity authorised to impose and enforce
these penalties.
DWTCA
employees and inspectors nominated pursuant
to a resolution of the Director General will have the capacity of law
enforcement officers to record the acts committed in breach of the provisions
of this Law and the
resolutions issued in pursuance hereof. For this purpose, they may monitor and
supervise DWTC
Establishments and their activities and business, issue the necessary violation reports, and, where necessary,
seek the assistance of police personnel.
The
DWTCA may delegate any of its powers stipulated in this Law to any public or
private entity pursuant to an agreement concluded in this respect.
All
the rights and obligations of the Dubai World Trade Centre Corporation
established pursuant to the above-mentioned Law No. (10) of 2008 are hereby
transferred to the DWTCA. All employees of the said corporation will also be
transferred to the DWTCA without prejudice to their existing rights.
The
Chairman will issue the resolutions required for the implementation of this Law.
a.
This Law
supersedes the above-mentioned Law No. (10) of 2008. Any provision in any other
legislation will also be repealed to the extent that it contradicts the
provisions of this Law.
b.
The regulations and resolutions issued
in pursuance of the above-mentioned
Law No. (10) of 2008 will continue in force to the extent that they do not
contradict this Law until new superseding regulations and resolutions are
issued.
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.