Decree No. (38) of 2023

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

• Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
• Law No. (6) of 2008 Establishing the Dubai Culture and Arts Authority (the “DCAA");
• Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai, and its Implementing Bylaw and its amendments;
• Law No. (8) of 2018 Concerning Management of the Government of Dubai Human Resources;
• Decree No. (34) of 2022 Establishing the Agencies Affiliated to the Dubai Municipality and Determining their Functions;
• The Order of 1961 Establishing the Dubai Municipality (the "DM");
• Executive Council Resolution No. (38) of 2022 Approving the Organisational Structure of the Dubai Culture and Arts Authority; and
• Executive Council Resolution No. (43) of 2022 Approving the Organisational Structure of the Dubai Municipality,

Do hereby issue this Decree.

Transfer of the Antiquities Section

Article (1)

a. As of the date on which this Decree comes into force, the Antiquities Section of the Architectural Heritage and Antiquities Department at the Public Facilities Agency of the Dubai Municipality will be transferred to the DCAA. The DCAA will, in coordination with the General Secretariat of the Executive Council, determine the organisational unit to which the Antiquities Section will be transferred, within the DCAA organisational structure approved under the above-mentioned Executive Council Resolution No. (38) of 2022.

b. Pursuant to a resolution of the Chairman of the Executive Council, a steering committee will be formed to supervise the transfer of the Antiquities Section of the Architectural Heritage and Antiquities Department from the DM to the DCAA, and to determine its duties and functions. The DM will, as of the effective date of this Decree and until completion of the mandate of the steering committee, continue to exercise its duties and powers in respect of the Antiquities Section.

Transfer and Succession

Article (2)

a. The following is hereby transferred to the DCAA:

1.  all the duties and functions assigned to the Antiquities Section of the Architectural Heritage and Antiquities Department under the relevant legislation and instructions in force;
2.  the ownership of the real property, movables, assets, devices, equipment, and other property of the Antiquities Section of the Architectural Heritage and Antiquities Department;
3.  the Employees of the Antiquities Section of the Architectural Heritage and Antiquities Department, and the Employees of the DM organisational units supporting or assisting the Antiquities Section. These Employees will be determined under mutual agreement with the DM, with a view to enabling the DCAA to perform the duties and functions transferred to it; and will be governed by the above-mentioned Law No. (8) of 2018 without prejudice to their existing rights; and
4.  the financial appropriations allocated to the Antiquities Section of the Architectural Heritage and Antiquities Department in the annual budget of the DM.

b. The DCAA hereby succeeds to all the rights and obligations of the DM in respect of the Antiquities Section of the Architectural Heritage and Antiquities Department.

Compliance

Article (3)

The DM and the DCAA must, under the supervision of the steering committee referred to in paragraph (b) of Article (1) hereof, coordinate with the concerned entities in the Emirate of Dubai to comply with the provisions of this Decree within no later than three (3) months from the date on which this Decree comes into force. The Chairman of the Executive Council may, where required, extend this time frame for the period he deems appropriate.

Issuing Implementing Resolutions

Article (4)

The Chairman of the Executive Council will issue the resolutions required for the implementation of the provisions of this Decree.

Repeals

Article (5)

a. Any provision in any other legislation is hereby repealed to the extent that it contradicts the provisions of this Decree.

b. The legislation applicable to the DM by the effective date of this Decree will remain in force to the extent that it does not contradict the provisions of this Decree, until new superseding legislation is issued.

Commencement and Publication

Article (6)

This Decree comes into force on the day on which it is issued, and will be published in the Official Gazette.

Mohammed bin Rashid Al Maktoum Ruler of Dubai

Issued in Dubai on 19 June 2023 Corresponding to 1 Thu al-Hijjah 1444 A.H.

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.