Legislation Overview
- Title: Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation - Type: Federal Decree-Law - Issued Date: 12 Jul 2017 - Effective Date: 14 Jul 2017 - Sector: Culture and Media - Number of Articles: 19 - Current Status: Active
Summary
This Federal Decree-Law grants immunity from seizure or confiscation to certain foreign cultural objects temporarily brought into the United Arab Emirates for display. It establishes a registration process and outlines the effects of this immunity, including the inability to prevent the return of the objects to the lender. The law aims to facilitate cultural exchanges and protect the rights of foreign lenders. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Arts. 1-9) The law is significant as it provides legal certainty and protection for foreign cultural institutions lending their collections to museums and exhibitions in the UAE. This encourages cultural cooperation and the sharing of art and heritage across borders. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Arts. 1-9)
What is the scope and purpose of this law?
The law applies to any foreign cultural object borrowed by a federal or local government agency in the UAE for temporary display. Its purpose is to grant immunity from seizure or confiscation to these cultural objects while they are in the UAE. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 2)
What are the key definitions?
The law defines several key terms: - "The UAE" refers to the United Arab Emirates. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 1) - "The Ministry" refers to the Ministry of Culture and Knowledge Development. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 1) - "The Minister" refers to the Minister of Culture and Knowledge Development. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 1) - "Cultural Object" means any foreign artifact, artwork, or heritage item borrowed by a federal or local government agency from a foreign museum or exhibition. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 1) - "The Lender" is the foreign museum or exhibition that contracts to lend cultural objects to display in the UAE. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 1) - "Immunity" refers to the protection granted to foreign cultural objects against seizure, confiscation, or measures preventing their return to the lender. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 1)
What are the main obligations and requirements?
The key obligations under this law include: 1. The Ministry must be informed of the details of any borrowed cultural objects before they enter the UAE, in order to register them. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 3(1)) 2. The Ministry must register the cultural objects and provide a registration certificate within 15 working days. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 3(2)) 3. Government agencies cannot borrow cultural objects that are the subject of a serious dispute between the lender and a third party. The Ministry can refuse to register such objects. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 3(3))
What are the rights and protections?
The key rights and protections granted by this law are: 1. Immunity from seizure or confiscation for registered cultural objects. No authority can accept requests to seize or confiscate these objects. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 4) 2. Protection against any action to prevent the return of the cultural objects to the lender after the exhibition period. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 4(1)) 3. The ability for the Minister to request the return of cultural objects to the lender if there is a serious dispute. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 6)
What are the penalties for non-compliance?
This legislation does not include specific provisions on penalties for non-compliance.
How does this law interact with other UAE legislation?
The law references several other UAE federal laws, including: - Federal Law No. (1) of 1972, concerning the Functions of the Ministries and the Powers of the Ministers - Federal Law No. (10) of 1973 on the Federal Supreme Court - Federal Law No. (11) of 1973 Regulating Judicial Relationships Amongst Member Emirates - Federal Law No. (6) of 1978 concerning the Federal Courts - Federal Law No. (17) of 1978 Regulating the Cases and Procedures of Appeal by Cassation - Federal Law No. (5) of 1985 Promulgating the Civil Transactions Law - Federal Law No. (10) of 1992 on Evidence in Civil and Commercial Transactions - Federal Law No. (11) of 1992 on Civil Procedures However, the legislation does not specify how this law interacts with or relates to these other federal laws. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017)
When did this law come into effect and what are the transitional provisions?
This Federal Decree-Law came into effect on 14 July 2017, the day after its publication in the Official Gazette. (Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation, 2017, Art. 9) The legislation does not include any specific transitional provisions.
Source Documents
This article analyses Federal Decree by Law Concerning the Immunity of Certain Foreign Cultural Objects from Seizure or Confiscation for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.