8
}

MONDAY – FRIDAY / 8:00 AM – 6:00 PM

3

Our Newsletter

Language choice - en

Contact Us!

Specialized Legal Services

9

Information Technology

9

Investigation

9

Maritime

9

Medical Negligence

SUBMIT YOUR TICKET TODAY!

Services

9

Corporate and Commercial Law

9

Banking & Finance

9

Litigation and Dispute Resolution

Family

9

Marriage, Divorce & Child Custody

9

Inheritance & Wills

Property & Real Estate

9

Buy & Sell

9

Service Charge Claims

9

Rent Dispute & Contract Terminate and invalidate SPA.

SUBSCRIBE

We, Mohammed bin Zayed Al Nahyan, President of the United Arab  Emirates; 

Upon reviewing the Constitution; 

Federal Law No. (1) of 1972 concerning the Competences of Ministries and Powers of  Ministers, as amended; 

Federal Decree by Law No. (16) of 2018 concerning the Federal Government Union  Owned Properties; 

based on the presentation of the Minister of Finance, and the approval of the Cabinet; Have promulgated the following Federal Decree by Law: 

Article (1) 

Definitions 

In application of the provisions herein, the following words and expressions shall have the  meanings ascribed thereto, unless the context otherwise requires: 

State: United Arab Emirates. 

Government: Federal Government of the State. 

Local Government: Government of any of the Emirates that are members of the Union. 

Cabinet: Cabinet of the State. 

Ministry: Ministry of Finance. 

Minister: Minister of Finance. 

Federal Agencies: Means any of the following Federal Agencies:
1.
Ministries and central bodies: The Ministries established Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 2 under Federal Law No. (1) of 1972 concerning the Competences of Ministries and the Powers of Ministers, as amended and the councils, bodies and the like that engaged in the legislative and judicial and executive federal activities.

2. Independent Federal Agencies: The Federal Agencies that are either established or shall be established in accordance with the legislation in effect in the State, to perform specific public tasks or services, and that operate under the supervision of the Government, which:
A. The independent legal personality and the capacity to act, prepare, organise and implement its special budget, is granted either by law or by the incorporation resolution.
B. Have a special administrative and organisational structure.
C. Non-Profit.

3. Government Companies: Establishments and companies owned, wholly or partially, (Subsidiaries) by the Federal Government or Federal Agencies.

Union Owned Properties: Union Owned Properties described in Article (4) and Clause (1) of Article (15) herein.
Property Assets Register: A Register established by the Ministry that contains data on the Union Owned Properties, the transactions related to them, and other matters related to them that this Decree by Law requires to be noted in the Register.
Government Official: For the purposes herein, it includes:
1. Every person holding a government position in any Federal Agency.
2. A representative of the Federal Agency in any Subsidiary, including a member of the BOD representing the Federal Agency in that company.
3. Public employee, or person charged with a public service.
Union Owned Properties allocated to serve a Public Facility: Any of the assets listed in Clause (1) of Article (4) herein.
Union Non-Owned Properties: Any of the assets listed in Clause (2) of Article (4) herein.
Private Union Owned Properties: Any of the assets listed in Clause (3) of Article (4) herein.
Private Union Non-Owned Properties: Union Owned Properties described in Clause (4) of Article (4) herein.
Subsidiary: A company in which any Federal Agency owns shares not less than (51%) of its capital.
Person: The natural person and the private legal person that is not considered a Federal Agency.
Act: Creating a real or personal right over any of the Union Owned Properties.

Article (2)

Scope of Application of the Decree by Law

Subject to the text of Article (3) herein, this Decree by Law shall apply to Union Owned Properties inside the State or abroad.

Article (3)

Property and Rights to which the provisions herein do not apply


The provisions of Articles (9) to (43) herein do not apply to:
1. Union Owned Properties allocated for the use and exploitation of the Armed Forces and Federal Security Agencies in the State.
2. Union Owned Properties that is organised, managed or disposed of by a special law to the extent that its provisions conflict with any provision herein.
3. The rights specified in Clause (5) of Article (4) herein.
4. Union Owned Properties that are excluded by a resolution of the Cabinet.

Article (4)

Union Owned Properties

The following assets shall be deemed as Union Owned Properties:
1. Union Owned Properties that are actually allocated to serve a Public Facility or based on a resolution of the Cabinet or based on a law, including:
a. Vacant lands and buildings that were previously granted or granted by a Local Gov-ernment to the Government or any Federal Agency for the purpose of constructing administrative buildings or other Public Facilities or for the purpose of managing or Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 5 operating them, which were owned or are being owned in accordance with the local legislation in force in the Relevant Emirate.
b. Vacant lands and buildings located outside the State and granted to the Government or any Federal Agency, without prejudice to the provisions of Article (22) herein.
c. Properties and buildings that are owned by the Government or whose ownership devolves to the Government or any of the Federal Agencies inside the State or abroad, or that are built on previously granted lands or lands that are granted by a Local Government to the Government or any Federal Agency, which are, directly or indirectly, used to establish, manage, or operate a Public Facility.
d. Properties and buildings owned by the Government that are assigned, with or with- out compensation, by any natural or legal person in favour of any Federal Agency, which are, directly or indirectly, used to establish, manage, or operate a Public Facili-ty.
e. All facilities owned by a Federal Agency and allocated for public use, such as roads, railways, federal bridges, and any other similar assets.
f. Properties by allocation owned by a Federal Agency and allocated to own, establish, manage, or service any Public Facility, including stations, lines, and units for the production, distribution, and transmission of energy, water, sewage, communica-tions, mail, and lines and cables for the production, transmission, and distribution of any of these Public Facilities.

2. Union Non-Owned Properties which are owned by the Government or a Federal Agency and used to serve any of the properties specified in Clause (1) of this Article.

3. Private Union Owned Properties not allocated to serve a Public Facility, which include vacant lands, buildings, and property.

4. Private Union Non-Owned Properties owned by a Federal Agency that are not allocated Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 6 to serve a Public Facility, and include all types of movables, rights, cash funds, shares,
stocks, bonds, commercial papers, and all other Non-Property Funds owned by a Federal Agency that are invested, reinvested, exploited, or used on a commercial basis, and the resulting investments.

5. The accessory real rights assigned to any of the Union Owned Properties stipulated in Clauses (1) to (4) of this Article.

6. The rights arising from any of the Union Owned Properties stipulated in Clauses (1) to (5) of this Article, including the distributable or non-distributable profits assigned to them.

7. Assets stipulated in Article (49) herein

8. Any other material or moral rights, warranties or guarantees of economic value legally
established for any Federal Agency pursuant to a law.

Article (5)

Protecting the Union Owned Properties

Union Owned Properties are inviolable and shall be preserved. It may not be owned, gain any right over it, possess, occupy, benefit in any way, or dispose of it in any way except in accordance with the provisions of the law. It may not be seized or restrict its uses for any reason. Any action taken in violation of the foregoing shall be void. Any encroachment on Union Owned Properties shall be removed in accordance with the provisions herein, without prejudice to the right of the Federal Agency to resort to the Judicial Authorities, if necessary.

Article (6)

Reporting Violations which are related to Union Owned Properties

1. The Government Official shall prevent the abuse of Union Owned Properties and shall immediately inform the Competent Authorities with any proof of violations related to abuse, exploitation, or infringement in any way on Union Owned Properties.
2. Any person may immediately inform the Competent Authorities of his knowledge of any behavior that violates the provisions herein.
3. For the purposes of this Article, the Competent Authorities shall mean the Ministry or the Federal Authority supervising the Union Owned Properties or its occupants, or the Security and Police Authorities according to the nature of the violation.

Article (7)

Government Official Prohibited Actions

The following actions shall be prohibited for Government Official:
1. Misuse of his position or work to achieve a benefit for himself or for others, or exploiting his influence to facilitate for others to obtain any illegal benefit on any of the Union Owned Properties.
2. Act as an broker, agent, or guarantor for any natural or legal person who contracts with the Agency where he works to carry out work or provide a service related in any way to the construction, maintenance, restoration, demolition, or contracting for the use or transfer of ownership of any of the Union Owned Properties.
3. Use Union Owned Properties for personal purposes or for purposes other than those intended, whether in their custody or someone else custody.
4. Allow any person to use or exploit any of the Union Owned Properties or to occupy any part thereof except the cases permitted under any applicable legislation.

Article (8)

Security and Police Authorities Tasks

1. The State Security and Police Authorities – each within the limits of their jurisdictions – shall, upon learning of an attack on any of the Union Owned Properties, seizing it, or illegally exploiting it, or attempting any of that, take appropriate measures to prevent or stop this attack immediately, without the need to receive any complaint or obtain any permit or statement as long as the action takes place in a public place.
2. The State Security and Police Authorities – each within their jurisdiction – shall provide the necessary assistance to any party to protect the Union Owned Properties from any danger threatening its use in accordance with the purposes assigned to it, or from the danger of sabotaging, misusing, or exploiting it in any way other than its intended purpose.

Article (9)

Disposal of the Union Owned Properties allocated to serve a Public Facility

Disposal of any of the Union Owned Properties allocated to serve a Public Facility shall be invalid unless the disposal is in accordance with the provisions herein and in accordance with the relevant legislation in force.

Article (10)

Granting Rights or Guarantees for the Union Owned Properties allocated to serve a Public Facility

No easement rights or any accessory real right or any guarantees or warranties or any Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 9 personal right on any part of the Union Owned Properties allocated to serve a Public Facility may be granted, except in accordance with the cases permitted under any in force legislation and pursuant to a resolution of the Cabinet.

Article (11)

Demolition of Buildings and Public Facilities

1. Federal public buildings and facilities may not be demolished except after the approval of the Cabinet, and based on a proposal from the Minister in coordination with the Local Government.

2. Demolition of public buildings and facilities shall be for one of the following reasons:
a. Rebuilding.
b. The end of its lifespan.
c. It’s destined to fall.
d. Its conflict with the urban master plan.

3. If the demolition is due to the reason stated in Paragraph (D) of Clause (2) of this Article, the Local Government shall compensate the Government financially or in kind if the urban master plan is Non-Federal in accordance with the provisions stipulated herein.

Article (12)

Licensing the Union Owned Properties Use or Exploitation

Subject to Articles (5) and (10) herein, the Cabinet may authorise any person to use or exploit any part of the Union Owned Properties allocated to serve a Public Facility, in implementation of the provisions of concession or partnership contracts between the public and private sectors, considering the following:
1. This shall be in implementation of a law or a resolution of the Cabinet that authorises a Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 10 person to manage or operate any Public Facility of the Government under concession or partnership contracts between the public and private sectors.
2. This Licenseshall be limited to a specific time period.
3. The contract concluded with the person shall include a stipulation of his commitment to all provisions herein relating to the Union Owned Properties protection, maintenance and management.
4. This License does not affect the level of performance of the Public Facility service prevailing before the issuance of the License.
5. The beneficiary of the License shall not be one of those working for the Federal Agency contracting with him or his relatives up to the fourth degree. The beneficiary shall not be a legal person who works for any of the aforementioned or has a share in his ownership. Shareholders in public joint stock companies shall be excluded from this.
6. Register any real rights arising from this License in the Property Registry with the Competent Local Authority in the Emirate where the Property is located.
7. Use and exploitation shall notconflict with the local legislation and laws of each Emirate, or with the interests of the Government, provided that coordination is provided between the Concerned Parties in this regard.

Article (13)

The License Cancellation

1. The Cabinet shall issue a resolution to cancel the License issued to use or exploit any of the rights stipulated in Article (12) herein, or to temporarily suspend its validity in any of the following cases:
a. The Right Holder fails to comply with the laws or agreements regulating this right.
b. The public interest requires it, or in response to an emergency or unforeseen circumstances.

2. The resolution, in the case stipulated in Paragraph (b) of Clause (1) of this Article, shall determine the amount of compensation – if applicable – decided for the Right Holder, considering the remaining period of the right and the value of the assets invested by the Right Holder after deducting the value of their depreciation if the agreement between the Right Holder and the Government Agency with which the Right Holder contracted stipulated that these assets be returned to it at the end of the contract without compensation.

Article (14)

Loss of a Public Facility Status

1. “Union Owned Properties allocated to serve a Public Facility” may be converted into Private Union Owned Properties in any of the following cases:
a. Expiry of the purpose of the Public Facility to which Union Owned Properties are allocated.
b. Union Owned Properties allocated to serve a Public Facility are unable to provide public service in view of the period of its use, the deterioration of its condition, or its inability for any reason to efficiently provide this service.
c. If the continued use of Union Owned Properties allocated to serve a Public Facility constitutes a threat to public health, public security, or public safety.
d. The office of the Public Facility shall be replaced with a new office.

2. The Cabinet, based on the recommendation of the Minister, shall issue a resolution to remove this status in accordance with the provisions of Clause (1) of this Article.

3. The same resolution referred to in Clause (2) of this Article, or a subsequent resolution, shall determine how to exploit or dispose of Union Owned Properties that has ceased to be a Public Facility.

4. Coordination shall be made with the Government of the Relevant Emirate if the land on which the Property allocated to serve a Federal Public Facility is located is registered as grant land, before issuing the resolution referred to in Clause (2) of this Article.

5. The description of the Union Owned Properties whose status has changed in accordance with the provisions of this Article shall be amended to “Private Union Owned Properties” by noting this in the Property Assets Register.

Article (15)

Provisions concerning Private Union Owned Properties

1. Private Union Owned Properties are all properties owned by any Federal Agency but not allocated to serve a Public Facility, including:
a. Properties or Properties by allocation that are not used to serve a Public Facility starting from the date of their ownership.
b. Properties whose status has ceased to be “allocated to serve a Public Facility” in accordance with the provisions of Article (14) herein.
c. Money that has disappeared or the public benefit allocated to it has ceased.
d. Union Owned Properties which are used for investment, reinvestment, contribution or partnership in profitable economic projects.

2. Private Union Owned Properties, in terms of its acquisition, exploitation and disposal, shall be subject to the provisions of its legislation, unless a special provision is provided herein or any other legislation regulating its protection, use, exploitation or disposal.

3. By resolution of the Cabinet – based on a proposal from the Minister – any of the Union Private Property or any of the rights assigned to it to any
Federal Agency or Subsidiary may be assigned, free of charge.

4. By a resolution of the Cabinet – based on a proposal from the Minister – any guarantees, securities or rights on any of the Private Union Owned Properties as a guarantee or security for the obligations of any Federal Agency or Subsidiary may be
provided.

5. The Head of the Federal Agency legally authorised to manage any of the Private Union Owned Properties may decide to lease it or to lease any of its units pursuant to a reasoned resolution, provided that this shall consider the conditions stipulated in the regulations and resolutions regulating that in a manner that does not conflict with applicable local legislation.

6. No sale of any of the Private Union Owned Properties may be made except by a resolution of the Cabinet in accordance with the conditions stipulated in the regulations and resolutions regulating this.

Article (16)

Federal Union Owned Properties Management

For the purposes of implementing the provisions herein, the Ministry undertakes the Federal Union Owned Properties Management and for this purpose it may:
1. Establish manage, operate, maintain and update the Property Assets Register.
2. Establish the necessary rules, guidelines and laws to maintain safe and efficient performance of Union Owned Properties.
3. Contribute to identifying, analysing and assessing the difficulties and risks that affect the performance or efficiency of Union Owned Properties and proposing appropriate solutions to resolve these difficulties or reduce these risks.
4. Provide Coordination between the Relevant Federal Authority and the Competent Authorities in any of the Emirates concerning the resolutions issued by the Government of any Emirate to grant, change, replace, or recover Government land or property to the Government, or arrange any rights over it, and contribute to the preparation of any documents or contracts related to that.
5. Submit proposals and recommendations to the Relevant Federal Authority and the Competent Authorities in the Government in everything related to resolutions issued by foreign parties granting the Government land or property to be used for headquarters, embassies, consulates, and other diplomatic missions of the State abroad.
6. Provide coordination with the Competent Authority in the Relevant Emirate to implement the resolution of the Relevant Emirate to grant the Government any original or accessory property right over any property or replace it, including carrying out all procedures and implementing all requirements to receive and Register the Property or registering the Property right assigned to it in the name of the Government in the Property Assets Register and receive all Licenses, maps and shop drawings related to this property.
7. Coordinate with the Federal Agency that operates, manages or supervises the management of any of the Union Owned Properties abroad to ensure that the Competent State shall issue documents and title deeds for these properties in the name of the Government and shall receive the original copies of these documents and bonds and maintain them in the Property Assets Register.
8. Recommend the inclusion of any of the Union Owned Properties within the funds allocated to serve a Public Facility, or change the nature of its use, or cancel its facility status, and a resolution shall be issued by the Cabinet to that effect.
9. Determine the market value of any of the Union Owned Properties or any of its rights that are intended to be disposed of to third parties, or arrange for any rights over them to such third parties, or approve that value when it is determined by any other party.
10. Determine the market value of any of the Union Owned Properties for any other purposes or approve that value.
11.Express opinion on any project proposed by any Federal Agency to build, rebuild, expand, maintain, or demolish any of the Union Owned Properties, unless a special law requires that another Agency has jurisdiction to do so.
12.Establish the rules and guidelines that Federal Agencies shall comply with in order to lease any property or use it for a fee.
13.Establish the rules and guidelines that Federal Agencies shall comply with in order to occupy any space in any of the Union Owned Properties from any Non-Federal Agency, for or without compensation.

Article (17)

Powers to view information related to Union Owned Properties

The Ministry Competent Employees may view any files, information, data, or maps related to any of the Union Owned Properties, and obtain copies thereof for the purposes of exercising its jurisdiction in accordance with the provisions of applicable legislation, unless those files, information, data, or maps include information that is confidential in nature. It requires authorisation from the authorised person to do so.

Article (18)

Property Assets Register

1. The Ministry shall create electronic platform called the “Property Assets Register” to Register Union Owned Properties, and each unit of Union Owned Properties shall have Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 16 its own register that shows the following:
a. Its title deed.
b. Its actual or estimated value when owned.
c. Any legal or contractual restrictions or judicial rulings related to its use or benefit.
d. Topographic data, plans, areas, location, boundaries of the Property and adjacent properties, number of floors and uses of each floor, if any.
e. Any warranties prescribed in its favour.
f. The value of the expenses spent to acquire it, maintain it, rehabilitate it, or register it in the name of the Government.
g. Any other data specified by the Ministry.

2. The Federal Agency that operates, manages, or supervises the management of any of the Union Owned Properties shall register it in the Property Assets Register in accordance with the provisions herein and the resolutions issued in implementation thereof. It shall also update the Register for these properties whenever necessary.

3. The Ministry shall supervise the protection, maintenance and efficiency of the Property Assets Register.

Article (19)

Classification of the Property Assets Register

Land, space and buildings (Properties) for the purposes of their registration in the Property Assets Register are divided into two categories:
1. Union Owned Properties allocated to serve a Public Facility.
2. Private Union Owned Properties.

Article (20)

Modifying data in the Property Assets Register

If any legal facts or actions occur or any final judicial rulings, laws, decrees or final administrative resolutions are issued requiring the deletion, cancellation or amendment of any statement recorded in the Property Assets Register, the Federal Agency that operates, manages or supervises that property shall mark that in the data for this property.

Article (21)

Recovered Properties

1. In the event that the Emirate or its Local Government requests the recovery of any of the properties it granted to any of the Federal Authorities, the Ministry shall coordinate with the Emirate or Local Government to ensure that the recovery request is made in accordance with the following controls and conditions:
a. The recovery shall be for the purposes of urban planning, the Emirate infrastructure, or any public benefit for the Agency requesting the recovery.
b. The Emirate shall compensate the Government for the properties to be recovered with similar properties, or with financial compensation, or with both. The value of the compensation shall be determined in coordination with the Local Government.
c. A resolution shall be issued by the Cabinet approving recovery and compensation.

2. As an exception to Paragraph (B) of Clause (1) of this Article, the Emirate granting vacant land may recover it without compensation if it is not exploited by the Agency to which it is granted, in coordination with the Ministry and the approval of the Cabinet.

Article (22)

Union Owned Properties outside the State

1. The provisions stipulated herein apply to any of the Union Owned Properties located outside the State to the extent that they do not conflict with the State contractual obligations with any foreign party, the treaties or agreements to which the State is a party, or with the laws of the State in which the Property is located.
2. The Agency that operates, manages, or supervises the management of any of the Union Owned Properties outside the State shall be the Agency responsible for implementing the provisions herein to the extent necessary to protect and care for these properties.

Article (23)

Obligations of the Federal Authorities that occupy any of the Union Owned Properties

1. In addition to the obligations stipulated herein, every Federal Agency that occupies, manages, or supervises the management of any of the Union Owned Properties shall comply, as follows:
a. Provide a report showing the legal and surveying status of that property, estimating its value, and indicating its architectural and constructional condition, along with attaching its construction plan and any data or any facts, documents or papers related in any way to the sources of its ownership or occupancy, within a period not exceeding (6) six months from the effective date herein. His authority shall provide the Ministry with a copy of this report immediately upon completion of its preparation, and it shall renew this data and provide the Ministry with a copy of it whenever necessary.
b. Take appropriate actions to create an archive, updated whenever necessary, that classifies all data and information referred to in Paragraph (A) of Clause (1) of this Article.
c. Carry out maintenance and preservation of the Property and restoring, repairing and replacing any of its damaged parts or facilities, unless otherwise stipulated in the law.
d. Provide insurance to the Property against fire risks by contracting with one of the insurance companies operating in the State.
e. Inform the Ministry Immediately of any actions or behaviours or threats that constitute a violation of any of the provisions stipulated herein.
f. Provide all forms of assistance and support to the Ministry in order to enable it to carry out its duties in accordance with the provisions herein.
g. Inform the Ministry Immediately of any unauthorised use of any part of the Property occupy, and provide the Ministry with all relevant information.
h. Provide any information or data requested by the Ministry concerning the condition of the Property, its suitability for use, the necessary maintenance for it, and any information, data, statistics or maps in order to enable the Ministry to carry out its tasks specified herein.

2. The Federal Agency that operates any of the Union Owned Properties shall include within its annual budget the amounts necessary to implement the obligations stipulated in Clause (1) of this Article.

3. The Federal Agency that receives any of the Union Owned Properties for use, exploitation, management, or supervision of its management shall, in the procedures for receipt or management, consider the provisions stipulated in the Guide stipulated in Article (25) herein.

Article (24)

Controls for Private Property Lease

1. The Ministry shall issue a Guide that includes procedures and controls for leasing Private Property by any Federal Agency.
2. The Guide stipulated in Clause (1) of this Article shall include the conditions for requesting to lease a property, the procedures for selecting the appropriate property, indicating the reasons for this selection, the procedures for signing the lease contract, evaluating the lease value, and the lease contract form.

Article (25)

Controls and Requirements for Union Owned Properties Use and Exploitation

The Ministry shall issue one or more Guides clarifying the controls and requirements for the use or exploitation of any of the Union Owned Properties, including its occupancy times, occupancy density, and other specifications and requirements that achieve efficiency, security, safety, health, and cleanliness.

Article (26)

Compliance with the Rules and Regulations of City Planning and Construction

When determining the uses or exploitation of any of the Union Owned Properties, the city planning and building rules and regulations applicable in the area in which the Property is located shall be considered.

Article (27)

The Property Optimal Use

The Federal Agency that occupies the Property may determine its occupancy and divide it into units, offices, or sections as appropriate for its purposes, all of this considering the evidence stipulated in Article (25) herein.

Article (28)

Informing the Ministry of the Property Aspects of Exploitation

The Federal Agency that occupies for the first time any of the Union Owned Properties shall notify the Ministry of the aspects of exploitation of its approved areas, indicating this on an illustrative plan, within a period not exceeding (3) three months from the date of its occupancy.

Article (29)

The Ministry being Informed of the need for Excess Property Space

1. If it becomes clear to the Federal Agency that occupies the Property that a space of the Property is in excess of its need in accordance with the usage controls referred to in Article (25) herein by more than (20%) of the total area of the Property intended for occupancy, it shall provide a report on this and send it to the Ministry. The report shall include the opinion of the party occupying the Property concerning the possibility of its need for this space within a period not exceeding one year from the date of its occupancy of the Property.
2. The Ministry shall issue a resolution concerning how to exploit the unused space in a way that reduces the resulting waste as much as possible.

Article (30)

Controls for the Exploitation of Area of Property occupied by a Federal Agency

The Federal Agency may contract with any private company or office to exploit places or spaces in the Property it occupies to provide any services that help it achieve its objectives, provided that:
1. This shall be necessary to enable the Contracting Party to perform its duties.
2. It shall stipulate the aspects and conditions of occupancy and the right of the Federal Agency to suspend or terminate that occupancy if the occupant violates these conditions in the concluded contract.
3. The Contracting Party shall comply with the safety, health and hygiene aspects specified in the Guide stipulated in Article (25) herein.
4. The Contracting Agency shall vacate the space it occupies within the period specified in the notice sent by the Relevant Ministry or Federal Agency to this Contracting Agency.

Article (31)

Lease of Space of Property occupied by Federal Agency

The Concerned Federal Agency that occupies any of the Union Owned Properties allocated to serve a Public Facility may lease some vacant spaces in the Property to any person to provide an administrative service, public relations, or provide food and light beverages, considering the following:
1. The lease shall be in accordance with the provisions of planning, determining prices, and procedures for leasing Union Owned Properties, which are determined by a resolution of the Cabinet.
2. This does not affect the optimal use of the areas approved by that Agency in accordance with the provisions of Article (28) herein.
3. The Federal Agency shall sign a “Space Lease Contract” with the person leasing according to the form prepared by the Ministry for this purpose.
4. The person shall comply with the safety, health and hygiene aspects specified in the Guide stipulated in Article (25) of this Decree of Law.
5. The Leasing Agency shall vacate the space it occupies within the period specified in the notice sent by the Relevant Ministry or Federal Agency to this Leasing Agency.

Article (32)

Residence in Union Owned Properties

No person may reside, permanently or temporarily, or exploit any of the Union Owned Properties or any part thereof, or those allocated to serve a Public Facility, or any part thereof for sleeping or temporary housing, except in the following cases:
1. The Property shall include a part allocated for the residence of employee crews, workers, or operators of that Public Facility, or if the Property is allocated for the residence of any employee of any Federal Agency, whether in the State or abroad.
2. The Property has a specific space allocated for rest or temporary sleep for the alternates who serve the Public Facility.
3. In emergencies, such as floods and natural or environmental disasters declared by the Concerned Authorities.

Article (33)

Union Owned Properties Exploitation and Illegal Use

1. No person may occupy, possess, use or exploit any of the Union Owned Properties in the following cases:
a. Occupation, possession, use or exploitation is Illegal.
b. After the expiration of the period specified by the Federal Authority for use or exploitation, unless obtaining permit to extend that period.
c. If the use or exploitation violates the aspects of use or exploitation specified in the granted License Document or in the signed agreement.
d. Not fulfilling any of essential obligations specified in the granted License or in the agreement signed. The breach of obligation is considered fundamental if the use or exploitation of any property or any of the machinery, equipment or other facilities built on it or attached to it is in a way that exposes it to destruction, damage or demolition or conflicts with the essential requirements and conditions of public health, public safety or public security.

2. If it becomes clear to it that a person has committed any of the acts described in Clause (1) of this Article, the Ministry or Federal Agency that occupies the Property shall notify that person in writing of the occurrence of the violation and request to hand over the Property to the Ministry or the Federal Agency within the specified period in the notice.

3. The Violator may file a appeal in writing to the Ministry in respect of the violation within (5) five working days from the date of his receipt of the notice stipulated in Clause (2) of this Article, and to attach with the appeal any documents proving that he did not commit the violation.

4. If the Violator, after being informed in writing, does not submit the appeal or hand over the Property within the period specified, the Head of the Federal Agency may issue a resolution to vacate the Property. This resolution shall be implemented through the Enforcement Departments of the Competent Court.

Article (34)

Union Owned Properties Appeal Committee

1. The Minister shall issue a resolution to form a Committee called the “Union Owned Properties Appeal Committee.” The same resolution shall determine the number of its members, the procedures for convening it, filing appeals before it, and the mechanism for making its resolutions.
2. The Union Owned Properties Appeal Committee shall consider the appeals submitted to the Ministry by the Violator against whom a notice has been issued by the Ministry or the Federal Agency to hand over or vacate the Union Owned Properties.
3. If the Committee finds out that the Complainant has fallen into one of the cases specified in Paragraphs (A) to (D) of Clause (1) of Article (33) herein, it shall submit its recommendation to the Ministry or the Concerned Federal Agency concerning the violation to issue vacation order immediately in accordance with Clause (4) of Article (33) herein.
4. The resolutions of the Committee issued concerning the appeal shall be final.

Article (35)

Vacation Order

The vacation order referred to in Article (33) herein shall include the following:
1. The reasons for making the resolution, including the legal or contractual provisions on which the resolution was based.
2. The name and address of the person against whom the resolution was made.
3. Data of the Property scheduled to be vacated.
4. Inform the person that the resolution will be implemented through the Enforcement Departments of the Competent Court if he does not implement it voluntarily within the period specified in the resolution.
5. Hold the person responsible for paying all expenses necessary to implement the resolution and the value of the damages, if any.

Article (36)

Considering the Vacation Order as Enforcement Department

The vacation order issued in accordance with the provisions herein is considered Enforcement Bond and the Competent Authorities shall take action to implement this bond and take its necessary measures. The Competent Authorities shall assist in its implementation, even by force, whenever they are requested to do so.

Article (37)

The Cost incurred in implementing the Administrative order of Vacation


The person against whom vacation order is issued shall bear the cost incurred by the Ministry to implement the vacation order and the value of the damages it caused. The value of the cost referred to shall be collected pursuant to order submitted to the Competent Court.

Article (38)

The Decree by Law applies to the Union Non-Owned Properties

The provisions herein apply to the Union Non-Owned Properties unless there is a special provision in their regard.

Article (39)

Disposal of the Union Non-Owned Properties

The purchase, supply, inventory, storage, disbursement, depreciation and sale of the Union Non-Owned Properties shall be carried out in accordance with the provisions of the legislation in force in this regard.

Article (40)

Guide to Use Materials, Papers and Stationery

The Ministry shall issue a Guide for the efficient and sustainable use of materials, papers, and stationery allocated for use in Federal Agencies. The Head of each Federal Agency or his authorised representative shall issue resolutions ensuring the implementation of this Guide, including appropriate procedures when violating the provisions contained in the Guide or in the resolutions he issues in implementation thereof.

Article (41)

Transferring the Union Non-Owned Properties between the Federal Agencies

The Union Non-Owned Properties may be transferred between Federal Agencies without compensation, provided that this transfer takes place in accordance with the legislation in force in this regard.

Article (42)

Purchasing Vacant Lands or Buildings and Annexing them to Union Owned Properties

Any vacant lands or buildings shall be purchased for the purpose of annexing them to Union Owned Properties in accordance with the provisions determined by a resolution of the Cabinet.

Article (43)

Arrangement of Rights over the Property

1. If the implementation of any project to establish any Public Facility requires arranging any original or accessory right in rem over any property owned by a Non-Federal Agency, the Federal Agency in charge of implementing the project or supervising its implementation shall comply as follows:
a. Submit a memorandum to the Ministry explaining the reasons for arranging this right, its estimated cost, the boundaries and dimensions of the Property on which this right is requested to be arranged, and the Ministry views and recommendations in this regard.
b. Submit a memorandum to the Cabinet containing its requests and the Ministry recommendation.

2. Subject to the provisions of Article (42) herein, if the Cabinet shall approve the purchase, the Relevant Federal Authority shall contract with the seller on behalf of the Government after ensure that the Property is competent to fulfil the purpose intended for it and that it is free of any claims, allegations or judicial disputes. It is free of any legal restrictions or agreements that limit its use.

3. If the purchase process is completed, and the purchased property is a Property, the Relevant Federal Authority shall register it in the Property Assets Register.

Article (44)

Penalties

The imposition of the penalties stipulated in this Law shall be without prejudice to any more severe penalty stipulated in any other Federal Law.

Article (45)

Any person who does not preserve the Union Owned Properties and its inviolability, own it, or gain any right over it, Or possessed, occupied, or benefited from it in any way, or disposed of it in any manner in violation of the provisions of the law shall be punished by imprisonment for a period of no less than (6) six months and not exceeding (2) two years, and a fine not exceeding (500,000) five hundred thousand dirhams, or one of these two penalties.

Article (46)

Any Government Official who does not prevent the misuse of Union Owned Properties and does not immediately inform the Competent Authorities of any violations proven to him related to misuse, exploitation, or infringement in any way on Union Owned Properties shall be punished by imprisonment for a period not exceeding one year and a fine not less than (50,000) fifty thousand dirhams, or by one of these two penalties.

Article (47)

Any Government Official who exploits his position or work to achieve a benefit for himself or for others, or exploits his influence to facilitate the Obtaining any illegal benefit on any of the Union Owned Properties, shall be punished by imprisonment for a period not less than concerning the Union Owned Properties 30 one year and not exceeding (3) three years and a fine not less than (100,000) one hundred thousand dirhams, or by one of these two penalties.

Article (48)

Any Government Official who commits the following shall be punished by imprisonment for a period not exceeding one year and a fine of not less than (200,000) two hundred thousand dirhams, or by one of these two penalties:
1. Act as broker, agent, or sponsor for any natural or legal person who contracts with the Federal Agency where he works. Carry out work or provide a service related in any way to the construction, maintenance, restoration, demolition, or contracting for the use or transfer of ownership of any of the Union Owned Properties.
2. Use Union Owned Properties for personal purposes or for purposes other than those intended for it, whether in his custody or in the custody of someone else.
3. Allow any person to use or exploit any of the Union Owned Properties or to occupy any part thereof except in accordance with the cases permitted under any applicable legislation.

Article (49)

Final provisions

The provisions herein apply to any Property or Non-Property assets that are not owned by the Government or a Federal Agency, and thelaw or provision requires their confiscation or the jurisdiction or assignment of any Federal Agency to manage, supervise their management, direct, maintain, guard, or preserve any of the resources affiliated with them or store them, including endowments, trust funds, and seized or seized funds as long as they concerning the Union Owned Properties 31 are in the possession or under the management or supervision of any Federal Agency for any reason.

Article (50)

The Cabinet has the power, based on the Minister recommendation, to approve the following:
1. Excluding any of the Union Owned Properties from applying some or all of the provisions herein to them.
2. Selling, mortgaging, or reclaiming Union Owned Properties and any actions transferring their ownership.
3. Procedures for settling any disputes – if any – related to the compensation required from the Local Government for Union Owned Properties to be recovered.
4. Any powers and competencies related to Union Owned Properties. The Cabinet may authorise any Ministry or Federal Agency to exercise all or some of the powers assigned to it herein.

Article (51)

Procedures for Coordination, Management and Disposal of Union Owned Properties

The following procedures shall be determined by a resolution of the Minister:
1. Coordination procedures between the Federal Government and the Local Government concerning:
a. Union Owned Properties to be recovered.
b. Local Property whose costs are borne by the Federal Government and which are concerning the Union Owned Properties 32 proposed to be returned to the Local Government.

2. Procedures for managing and leasing Union Owned Properties and mechanisms for disposing of it in accordance with the provisions herein.

Article (52)

Documenting Legal Transactions on Union Owned Properties

Without prejudice to the provisions contained herein, the legal transactions relating to the Union Owned Properties shall be documented in accordance with the provisions of the local legislation in force in the Relevant Emirate in which the Property is located.

Article (53)

Decree by Law Enforcement

The Cabinet shall issue the resolutions required for enforcing the provisions of this Decree by Law.

Article (54)

Continuation of Implementation of Previous Regulations until the Issuance of the Decree by Law

The resolutions currently in effect concerning the Union Owned Properties shall continue to be implemented in a manner that does not conflict with the provisions herein until the resolutions that replace them are issued to implement the provisions herein.

Article (55)

Repeals

Federal Decree by Law No. (16) of 2018 concerning Properties of the Federal Government Federal Decree by Law No. (35) of 2023 concerning the Union Owned Properties 33 shall be repealed, as is every legislation or ruling that violates or conflicts with the provisions herein.

Article (56)

Publication and Entry Into Force of Decree by Law

This Decree by Law shall be published in the Official Gazette and shall come into force after (6) six months from the date of its publication.

Mohammed Bin Zayed Al Nahyan
President of the United Arab Emirates

Issued by us at the Presidential Palace in Abu Dhabi:
On: 13 Rabi’ I 1445 H
Corresponding to: September 28, 2023.