Legislation Details
- Full Title: Federal Decree Concerning the Union Owned Properties
- Law Type: Federal Decree
- Law Number: [no number] of 2023
- Issued Date: 28 Sep 2023
- Effective Date: [not specified]
- Official Gazette: No. 760
- Sector: Finance and Banking
- Status: Active
- Number of Articles: 134
- Chapters/Parts: 0
- Amendments: [not specified]
Summary
This Federal Decree regulates the ownership, management, and use of properties owned by the UAE Federal Government, known as "Union Owned Properties". The law aims to protect these properties, prevent their misuse, and ensure their optimal utilization in serving public facilities and the national interest. It establishes a comprehensive framework for classifying, registering, and overseeing these properties, as well as the obligations and restrictions on their use by federal authorities and private parties. (Federal Decree Concerning the Union Owned Properties, 2023, Arts. 1-56) The law is significant for businesses and individuals in the UAE, as it governs the terms under which they can access and use federal government properties. It also empowers authorities to take enforcement actions against violations, imposing penalties for non-compliance. Understanding this legislation is crucial for any party seeking to lease, occupy, or conduct activities on Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Arts. 1-56)
What is the scope and purpose of this law?
The Federal Decree applies to all "Union Owned Properties" located within the UAE or abroad, as defined in Article 4. This includes properties allocated to serve public facilities, non-owned properties used to support public facilities, as well as private properties owned by the federal government. The law aims to protect these properties, prevent their misuse, and ensure their optimal utilization in serving the public interest. (Federal Decree Concerning the Union Owned Properties, 2023, Arts. 2, 4)
What are the key definitions under this law?
The law provides the following key definitions:
- State: United Arab Emirates
- Government: Federal Government of the UAE
- Local Government: Government of any of the Emirates that are members of the Union
- Cabinet: Cabinet of the UAE
- Ministry: Ministry of Finance
- Minister: Minister of Finance
- Federal Agencies: Ministries, central bodies, independent federal agencies, and government companies
- Union Owned Properties: Properties described in Article 4
- Property Assets Register: A register maintained by the Ministry containing data on Union Owned Properties
- Government Official: Any person holding a government position, including public employees and representatives of federal agencies
- Union Owned Properties allocated to serve a Public Facility: Assets listed in Article 4(1)
- Union Non-Owned Properties: Assets listed in Article 4(2)
- Private Union Owned Properties: Assets listed in Article 4(3)
- Private Union Non-Owned Properties: Assets listed in Article 4(4)
- Subsidiary: A company in which a federal agency owns at least 51% of the capital
- Person: A natural person or private legal person that is not a federal agency
- Act: Creating a real or personal right over any Union Owned Property
(Federal Decree Concerning the Union Owned Properties, 2023, Art. 1)
What are the main obligations and requirements?
The law imposes the following key obligations: 1. Union Owned Properties are inviolable and must be preserved. They cannot be owned, used, or disposed of except in accordance with the law. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 5) 2. Government officials are prohibited from misusing their position to benefit themselves or others, acting as brokers or agents for contracts related to Union Owned Properties, using these properties for personal purposes, or allowing unauthorized use. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 7) 3. Security and police authorities must take measures to prevent attacks on or illegal exploitation of Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 8) 4. Federal public buildings and facilities cannot be demolished without the approval of the Cabinet. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 11) 5. Disposal of Union Owned Properties allocated to serve public facilities is invalid unless done in accordance with the law. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 9)
What licensing, registration, or approval requirements exist?
The law does not specify any licensing, registration, or approval requirements for individuals or businesses to use or access Union Owned Properties. However, it does require: 1. Approval from the Cabinet to grant any easement rights, accessory real rights, guarantees, or warranties on Union Owned Properties allocated to serve public facilities. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 10) 2. Approval from the Cabinet to demolish federal public buildings and facilities. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 11) 3. Licensing from the relevant authorities to use or exploit Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 12)
What rights and protections does this law provide?
The law provides the following key rights and protections for Union Owned Properties: 1. Union Owned Properties are inviolable and must be preserved. They cannot be owned, used, or disposed of except in accordance with the law. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 5) 2. Any encroachment on Union Owned Properties must be removed in accordance with the law, without prejudice to the right of the federal agency to resort to judicial authorities. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 5) 3. The law establishes a Union Owned Properties Appeal Committee to consider appeals against decisions related to the use or exploitation of these properties. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 34)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcing this law are: 1. The Ministry of Finance, which is responsible for maintaining the Property Assets Register and overseeing the management and disposal of Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Arts. 16-20) 2. The Cabinet, which has the authority to approve the demolition of federal public buildings and facilities, as well as the granting of rights or guarantees on Union Owned Properties allocated to serve public facilities. (Federal Decree Concerning the Union Owned Properties, 2023, Arts. 10-11) 3. The security and police authorities, which must take measures to prevent attacks on or illegal exploitation of Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 8) 4. The Union Owned Properties Appeal Committee, which considers appeals against decisions related to the use or exploitation of these properties. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 34)
What are the penalties for non-compliance?
The law does not specify any penalties for non-compliance. It only states that any action taken in violation of the provisions regarding the protection and preservation of Union Owned Properties shall be void. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 5)
What fees, charges, or financial provisions are specified?
The law does not specify any fees, charges, or financial provisions related to Union Owned Properties.
What exemptions or exceptions apply?
The law provides the following exemptions: 1. The provisions of Articles 9 to 43 do not apply to Union Owned Properties allocated for the use and exploitation of the Armed Forces and Federal Security Agencies. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 3(1)) 2. The provisions of Articles 9 to 43 do not apply to Union Owned Properties that are organized, managed, or disposed of by a special law to the extent that its provisions conflict with any provision in this Decree. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 3(2)) 3. The provisions of Articles 9 to 43 do not apply to the rights specified in Article 4(5). (Federal Decree Concerning the Union Owned Properties, 2023, Art. 3(3)) 4. Union Owned Properties that are excluded by a resolution of the Cabinet are also exempt from the provisions of Articles 9 to 43. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 3(4))
How are disputes resolved under this law?
The law establishes a Union Owned Properties Appeal Committee to consider appeals against decisions related to the use or exploitation of these properties. However, the law does not provide any further details on the dispute resolution process or procedures. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 34)
What are the key deadlines and time limits?
The law does not specify any deadlines or time limits.
How does this law interact with other UAE legislation?
This Federal Decree repeals Federal Decree-Law No. (16) of 2018 concerning the Federal Government Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Art. 55) The law also references the following related legislation: 1. Federal Law No. (1) of 1972 concerning the Competences of Ministries and Powers of Ministers, as amended. (Federal Decree Concerning the Union Owned Properties, 2023, Preamble) 2. Federal Decree-Law No. (16) of 2018 concerning the Federal Government Union Owned Properties. (Federal Decree Concerning the Union Owned Properties, 2023, Preamble)
When did this law come into effect?
The law does not specify an effective date. It was issued on 28 September 2023 and published in Official Gazette No. 760. (Federal Decree Concerning the Union Owned Properties, 2023, Issued Date, Official Gazette Date)
Source Documents
This article analyses Federal Decree Concerning the Union Owned Properties 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.