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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (14)
Types of Partnership Projects
Partnership projects implemented in accordance with this law shall fall within one of the
following types:
1. Building, operating and transferring;
2. Building, owning, operating and transferring;
3. Building, owning and operating;
4. Financial benefit from the assets;
5. Building, owning, renting and transferring;
6. Management contracts; and
7. Any other types specified in the Partnership Projects Guide.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (15)
Bidding Methods and P rocedures
1. Partnership projects shall be proposed according to one of the following methods:
A. The two- stage method shall be as follows:
Stage One : During which a pre -qualification shall be conducted for a group of
private sector entities that have express ed interest in the project.
Second Two : During which the complete bidding documents shall be issued
exclusively to the potential partners who have been qualified.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 11
B. Expedited procedure method: The Bidding may be made through the expedited
procedure method, which consists of one stage - without a qualification procedure - in
any of the following cases:
1) There is a need to urgently put the project out for bidding; or
2) If the project team believes that there is no need to conduct qualification in the
event that there is a limited number of suitable potential partners in the market
or the absence of a complex technical aspect of the project, which makes the
competition li mited to financial aspects only, or for any other reason that does
not require the qualification of partners.
C. Direct appointment method : The Bidding may be conducted through the direct
appointment method, where the concerned federal agency negotiates directly with one
or more potential partners. This method shall be used only in the following cases:
1) The need to provide assets or provide a service in an urgent manner that is not
compatible with the procedures specified in paragraphs (A) and (B) of Clause (1)
of this Article;
2) The presence of one potential partner in the market with the ability to implement
the project;
3) The connection or attachment of some or all of the project components to
national security or the protection of state secrets; or
4) Any other necessary and urgent matters related to the public interest, provided
that the Minister agrees to use this procedure to raise them.
2. In the event that there is only one potential partner for the project, the concerned federal
agency may ter minate the tender or continue the bid and award the project to such potential
partner, after taking into account the following two conditions:
A. Fulfilling the requirements of the bidding documents; and
B. There is evidence of a sufficient value to cost ratio in the bid to achieve a
value -for-money assessment.
3. The Partnership Projects Guide shall specify the procedures for each of the bidding
methods mentioned in this article.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 12
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (16)
Submitting P roposals
1. The proposal for the partnership project shall be submitted either by one partner from the
private sector or from a coalition consisting of several partners from the private sector.
2. In case of submitting the proposal by a coalition of partne rs, it shall be submitted in the
name of the coalition, and any member of the coalition shall be prohibited from submitting
individual proposals, whether directly or through another coalition, or from submitting the
proposal from a company in which one of the coalition members owns a majority of the capital or controls its management, unless the terms of the bid stipulate otherwise or with
the approval of the concerned federal agency.
3. Any federal agency may participate in the public bidding for the partnership project, after the Ministry approval of such participation.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (17) Evaluating Proposals
1. The project team shall study and evaluate the submitted proposals considering the
technical, financial and legal aspects, and determine the accepted and excluded ones,
provided that each proposal shall be given a score for evaluation in accordance with the
evaluation criteria specified in the bidding documents.
2. The project team shall submit its recommendations with the results of the proposals evaluation, including a list of proposals that have passed the minimum evaluation threshold,
to the ministry and the concerned federal agency for approval.
3. The project team may, whenever it deems this to be in the interest of the project and in
coordination with t he Ministry and the concerned federal agency, decide to request
additional clarifications after submitting the proposals, including but not limited to - asking
the bidders to submit their "best and final bid".
4. If the project team is unable to agree on t he project provisions and the project agreement
with the best bidder according to the evaluation results, the project team shall be entitled to stop the discussion with the best bidder and move on to negotiating the project provisions
and the project agree ment with the following bidders according to their descending order
on the list of bids that won the best rating.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 13
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (18)
Cancellation or Modification of the B idding or P roject Procedures
1. The concerned federal agency, in coordination with the Ministry, may cancel or modify
the tender or project procedures at any time before awarding the project.
2. No party submitting a proposal for a partnership project may be entitled to claim a
compensation for cancelling or amending the bid or project.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (19) Tender Awarding Announcement
The concerned federal agency shall notify the awarded bidder that the bid has been
awarded thereto them, and inform the rest of the bidders of the result of the bid award.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (20)
Appealing Against Tender Proce dures
1. The private sector bidder for any project may submit, within a maximum of ten (10) days from the date of awarding the bid, a grievance request to the Ministry in the following cases:
A. The bidding documents or procedures violate the provisions hereof, the Partnership
Projects Guide, or other relevant laws;
B. The partner selection procedures violate the provisions hereof, the Partnership Projects
Guide, or other relevant laws in a way that affects transparency and fair competition
among bidder s; or
C. Proving a bribery, illegal commissions, bid rigging, fraud, or power abuse with the aim of
illegally influencing the tender procedures, to the extent that such actions have an actual
impact on the results of the tender aw ard, without prejudice to the provisions of any
other relevant law.
2. Grievances committee shall be established by a decision of the Minister to consider the submitted grievances related to the bidding procedures. The Partnership Projects Guide shall
spec ify the grievance mechanism, procedures, and durations.
3. The grievance request shall be based on one of the reasons referred to in Clause (1) of this
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 14
Article and shall include an explanation of the direct impact of those reasons in weakening
the chance o f winning the bid or that they were the direct reason for losing the bid in the
event that the bid is awarded, along with all the documents supporting the application.
4. The Grievances Committee may suspend the tender procedures until the application is decided upon, whenever it finds the application worthy of consideration and that
continuing the procedures would significantly weaken the applicant chances of winning the bid.
5. If the Grievances Committee finds that the reasons for the grievance are valid , it shall issue
recommendations thereof, either to correct the wrong procedure, exclude one of the
applicants, or take any other measures; or reject the grievance because the reasons are not
valid, and submit its recommendations to the Minister for approv al before taking any action.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (21)
Project Agreement
1. The project team shall prepare the project agreement in coordination with the Ministry and the concerned federal agency in accordance with the provisions hereof and the
Partnership Projects Guide.
2. The Partnership Projects Guide shall specify the provisions that shall be included in the project agreement, including, but not limited to, provisions related to changing laws,
changing economic conditions due to unfores een circumstances when contracting, the
project agreement amendment, termination provisions, and compensation resulting from
termination.
3. The project agreement may include a statement of the financial revenues available to the private sector according t o one of the following methods:
A. Payments made in exchange for providing the project or service.
B. Granting the partner, the right to collect and retain revenues from the use of an asset or
service or to share in the revenue resulting from such use.
C. Combining the two methods referred to in Paragraphs (A) and (B) of Clause (3) of this
Article.
D. Any other method agreed upon.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 15
4. The project agreement may require the partner to employ national workers or local
contractors and to use local materials, equipment and goods, and any of such requirements
shall be explicitly disclosed in the bidding documents.
5. After the period for submitting the grievance or deciding upon it has passed in accordance
with article (20) of this law, the project agreemen t shall be signed in Arabic - or English if
necessary - by the concerned federal agency and the partner to whom the tender is awarded.
6. The project agreement shall be subject to the laws in force in the State.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (22)
Troubled Projects
1. The concerned federal agency shall replace the partner and take control of the partnership project to ensure its continued implementation in cases where the partner fails to
implement the project and their failure is detrimental to the public interest, an interruption
in the services of a public facility, or the cessation of the provision of the public service
whose continuation is required by the public interest, without prejudice to the right of the
federal agency to claim any compensation for damages resulting from failure to implement the project.
2. The Partnership Projects Guide shall specify the provisions for troubled projects.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (23)
Mortgage
1. The partner may - after obtaining the approval of the concerned federal agency -
mortgage any of their assets and the following rights related to the project to guarantee the
financing they obtained to implement the project:
A. Mortgage of immovable and movable rights owned by a partner or the rights thereof to
the assets of the partnership project or project company.
B. Mortgage the right of the partner or the project company, if it is owned in the name and
for the account of any of them, to the revenues and payments resulting from the use of
the facility or service subject to the partnership project.
2. The concerned federal agency shall be a party to any agreement that gives the funding
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 16
parties the right to replace the partner in the project agreement, and the concerned federal
agency may object to any of the funding parties.
3. The provision s regulating mortgages in accordance with the laws in force in the State shall
apply to the mortgages referred to in this article unless the project agreement stipulates otherwise.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (24)
Incentives and Exemptions
Incentives may be granted to priv ate sector partners in partnership projects, for the purpose
of increasing the attractiveness of the partnership project. The types of such incentives shall
be determined by a decision of the Cabinet based on the Minister recommendation.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (25)
Supervising the Project Implementation
The concerned federal agency shall supervise the implementation of the project and manage
the implementation phase in accordance with the provisions of the project agreement and
the guides and forms issued by the Ministry. The Ministry role in the implementation phase
shall be limited to monitoring and providing support to the concerned federal agency
whenever required.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (26)
Partnership Projects Guide Content
The Partnership Projects Guide shall specify the detailed provisions regulating partnership
projects, in particular:
1. Governance and procedures for offering partnership projects, including project
proposals, value -for-money assessments, market studies, project structuring and
management, bidding pro cedures, mechanisms for requesting clarifications,
conferences, and criteria for offering projects.
2. Special requirements related to the content of the bidding documents and the project
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 17
agreement.
3. Special requirements related to any dates and time frames that shall be followed for the
bidding procedures.
4. Special requirements related to the criteria for selecting a partner and evaluating bids, as
well as the qualifications required for the project team.
5. The rules governing requesting the best and last offer and negotiating with a potential partner.
6. Requirements for disclosure and publishing the basic information related to presenting
partnership projects on websites and the media.
7. The provisions regulating the management of contracts and the supervision of
partnership projects during the implementation phase and the procedures for managing and implementing the project agreement, including the provisions for making payments
and the P owers Matrix determined by the federal agency.
8. The rules governing the change of control, the composition of partners, or the partner structure.
9. The rules governing force majeure and exceptional circumstances that may occur during
project impleme ntation.
10. The rules governing the termination of the project agreement and the compensation
mechanism upon termination.
11. The rules governing the arrangement of mortgages on assets related to the project and
any agreement that may grant the financing parties the right to replace the partner in
implementing the project or to control or acquire it.
12. Any other provisions t hat the law has regulated in the Partnership Projects Guide or that
the Cabinet decided to add.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (27)
Transparency and D isclosure in the Bidding Procedures
1. Bidding procedures shall be subject to the principles of transparency, freedom of compe tition and equal opportunities, and shall be implemented in accordance with the rules
and procedures stipulated in this law and the Partnership Projects Guide.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 18
2. In order to achieve the principle of transparency and equal opportunities, the concerned
federal agency shall publish the following information to the public:
A. A summary of all major decisions related to the approval of the partnership project and
bidding procedures; and
B. Project awarding decision.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (28)
Project Company
1. In order to implement the project, the partner may establish the project company in
accordance with the laws in force in the State. The founding company shall comply with all
the provisions of the partnership agreement, and it may not be replaced, sold, or its
ownership waived (directly or indirectly) or enter into a contract with a third party without
the prior approval from the concerned federal agency and using the same mechanism by which the original partnership agreement was approved.
2. Foreign inv estors from outside the State may own the entire project company in
accordance with the commercial companies law in force in the State, unless stipulated otherwise by the bidding documents.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (29)
Partnership Projects Information Centre
The Ministry shall establish a data register for partnership projects and an evaluation system
for existing and implemented partnership projects. The Ministry may, whenever it deems
appropriate, publish useful information to the public on its website.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (30)
Consultant Appointment
1. The Ministry may appoint external consultants to provide assistance in the process of
selecting, structuring, offering, evaluating and supervising partnership projects whenever
necessary.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 19
2. The Ministry may direct the concerned federal agency or the project team to appoint
external consultants whenever it deems optimal use of external resources.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (31)
Dispute Settlement
The state courts shall be competent to consider disputes arising from the implementation o f
the project agreement, and it may be agreed that disputes shall be settled through
alternative dispute resolution methods applicable in the state, including mediation,
arbitration, and resorting to an expert
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (32)
Amending, Renewing or E xtendin g Partnership Project Agreements
1. The provisions of the agreements related to the partnership projects and concluded
before the applicability hereof shall apply as well as the applicable laws.
2. Such agreements and licences thereof, may not be amended, renewed, or extended except
in accordance with the provisions of this law, the Partnership Projects Guide, and the Guides
and forms issued by the Ministry.
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (33)
Repeals
1. Any provision that violates or contradicts the provisions of this Law shall be abrogated.
2. Cabinet Resolution No. (1/1) of 2017 on the Procedures Guide for Partnership Between Federal agencies and the Private Sector, and Cabinet Resolution No. (4/8) of 2019 on the
Procedures Guide for Partnership Between Public and Private Se ctors in the UAE shall
remain applicable, until the partnership projects guide is issued, insofar that it does not
conflict with the provisions of this law
3. The provisions of the federal legislation regulating procurement and warehouse
management in the federal government shall not apply to partnership projects concluded in accordance with the provisions hereof.
Federal Law No. ( 12) of 2023 on Regulating the Federal Public -Private Partnerships (PPP) 20
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finance and banking | Federal Law No. (12) of 2023 on Regulating the Federal Public-Private Partnerships (PPP) | Article (34)
Law Publication and Enforcement
This Law shall be published in the Official Gazette, and shall enter into force as of the day
following the date of its publication.
Signed
Mohammed Bin Zayed Al Nahyan
President of State of the United Arab Emirates
Issued by Us at the Palace of the Presidency in Abu Dhabi:
On: Jumada I 13, 1445 H
Corresponding to: November 27, 2023
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (1) Definitions
In a pplying the provisions of this Law, the following words and expressions shall have the
meanings ascribed thereto, unless the context requires otherwise:
State : United Arab Emirates (UAE).
Government : The Federal Government of the State.
Ministry : Ministry of Finance
Minister : Minister of Finance
Powers
Delegation
Matrix : A document prepared by the Ministry, specifying the powers
of employees authorised to approve financial and
non -financial decisions related to government purchases and
the fina ncial limits associated therewith in accordance with
the procurement methods contained in this law and the
regulations implementing thereof. Such Matrix shall be issued
upon a decision of the Minister.
Federal
Agencies : The Ministries established by virt ue of Federal Law No. (1) of
1972 Concerning the Competences of Ministries and the
Powers of Ministers, as amended, and the Federal
Government bodies and authorities as classified in Articl e (3)
of the present Law.
Procurement : Any product, service or business needed by federal agencies.
Procurement : A set of procedures undertaken by the federal agency to
Federal Law No. (11) of 2023 Concerning procurement in the federal government 3
Process secure procurements thereof in accordance with the
provisions of this law, and the executive regulations thereof
Annual
Procurement
Plan : The plan prepared by the federal agency to determine they
procurement requirements and needs thereof, in a manner
that achieves the public interest for the subsequent fiscal year
Emergency
Procurements : Emergency procurement to obtain necessary purchases in
situations where adhering to standard procurement
proced ures may result in undue delays, thereby jeopardising
the ability of the pertinent federal agency to promptly secure
the required purchases.
Procurement
System : The electronic or digital syste m, or any analogous system
employed by the federal agency, that regulates procurement
processes. This system facilitates secure communication and
interaction between suppliers and federal agencies,
culminating in the secure finalisation of contracts.
Furth ermore, it empowers federal agencies to announce
purchase orders and receive quotations from suppliers in
accordance with the provisions delineated in this law and the
executive regulations thereof.
Public Interest : Any direct or indirect benefits that a ccrue to the federal
agency, the government, and society as a result of the
purchase process and contribute to achieving the government
strategic visions and priorities.
Overall Value : The best result that the federal agency can achieve in
exchange for m oney by optimally exploiting resources
effectively and economically.
Supplier : Any natural or legal person who provides procurements in
accordance with the provisions of this law and the executive
regulations thereof.
Participating : Any natural or legal person submitting an offer for a new
Federal Law No. (11) of 2023 Concerning procurement in the federal government 4
Supplier tender or bid opportunity related to a request to submit
procurement to a federal agency
Confidential
Information : Information designated as confidential pursuant to the
provisions of this law and the directives implementing thereof.
Sensitive
Business
Information : Information that, if disclosed, could adversely impact the
commercial interests of the supplier, encompassing details
such as profit margins and proprietary innovations. Such
sensitive information shall be determined pursuant to the
provisions of this law and the directives implementing thereof.
Tender
Announcement : A statement published on the procurement system to
announce a new procurement opportunity in accordance with
the provisi ons specified by this law and executive regulations
thereof.
Public Tender : A procurement solicitation or invitation disseminated b y a
federal agency to the public via the procurement system. This
mechanism ensures that all interested suppliers are accorded
an equitable opportunity to submit proposals or offers thereof
for the requisite supplies or services.
Executive
Regulations : Regulations and policies issued by the Cabinet or its delegate
to implement this law.
Directives : Directives and procurement procedures promulgated by the
Minister to enforce the stipulations set forth in this law and
the executive regulations thereof.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (2)
Law Objectives
1. This law shall regulate the general framework for procurement in the government; and
2. This Law aims at achieving the following: -
a. Determine the principles, controls and standards for government procurement
Federal Law No. (11) of 2023 Concerning procurement in the federal government 5
processes;
b. Enhance and direct procurement processes in federal agencies in line with the
government digital agenda;
c. Activate digital procurement systems and implement world -leading best policies and
practices throughout the procurement process;
d. Ensure equality, fair treatment and non- discrimination among all participating
suppliers;
e. Involve all relevant stakeholders and participants in the procurement process at federal agencies and ensure that they efficiently and effectively implement such
processes in orde r to guarantee the quality and achieve spending efficiency;
f. Promote integrity, trust, transparency and competition in all procurement process procedures while providing public value and upholding public interest, ensuring
adherence to quality benchmarks , sustainable development goals, and fostering
support for small and medium enterprises, thereby bolstering the national economy;
and
g. Provide flexibility, improve the performance of procurement and contracting processes, and enhance the efficiency of pl anning and procurement management at
the federal level.
Chapter Two
Scope of Application and Exemptions
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (3)
Scope of Application
The provisions of this law shall apply to all procurement and contracting activities and procedures at the following federal agencies: -
1. Ministries and Central Agencies: Ministries established pursuant to Federal Law No. (1)
of 1972 , as amended, regarding the competencies of ministries and the powers of
ministers, councils and agencies and the like that exercise federal executive, legislative
and judicial powers; and
2. Independent Fed eral Agencies: Federal agencies established or are slated for
Federal Law No. (11) of 2023 Concerning procurement in the federal government 6
establishment, in alignment with the prevailing legislation of the State with the aim of
carrying out specific government tasks or services. They operate under governmental
oversight and are characterised by the following attributes: -
a. Have the independent juristic personality and the legal capacity to act, prepare,
organise and implement its own budget, as granted either by law or by the
incorporation decision;
b. Have a special administrative and organisational structure; and
c. Non -Profit.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (4)
Exemptions to the Law Scope of Application
1. The provisions of this law shall not apply to the following entities: -
a. Armed forces and the Ministry of Defence;
b. State Security Service;
c. Federal agencies associated with international agreements, obligations, or
international organisations in related to the procurements carried out by such
agencies;
d. Construction projects and contracts;
e. Procurements of a military or security nature con ducted by the Ministry of Interior or
any security -oriented federal agency, sanctioned by the Minister or the relevant
agency head;
f. Procurements for the State representative missions abroad;
g. Procurements made outside the State for the purpose of bein g used abroad;
h. Procurements related to establishing, furnishing and equipping government offices outside the State;
i. Procurements related to medicines and medical supplies;
j. Partnership contracts between federal agencies and the private sector categ orised as
"partnership projects," governed by the stipulations outlined in the relevant
partnership project legislation;
k. Procurement and leasing processes of lands and existing building, as well as the sale,
Federal Law No. (11) of 2023 Concerning procurement in the federal government 7
destruction, and disposal of assets and inven tory, all governed by pertinent
legislation, guidelines, and regulatory policies;
l. Investment activities undertaken by authorised federal agencies as per the governing
provisions and legislations. Such activities aim to achieve a commercial return or financial profit for the agency, distinct from securing requirements and business
thereof, and include transactions such as the acquisition and liquidation of stocks, bonds, currencies, and the like;
m. Financing operations and the issuance of guarantees by a ccredited federal agencies
in conformity with the prevailing provisions and legislations governing such activities; and
n. Federal agencies and procurements exempted based on a Cabinet Resolution, subsequent to consultation with the Ministry perspective.
2. The exemptions stipulated herein shall not exempt the relevant federal agency from being
guided by the provisions of this law, working to take into account objectives thereof, and striving to achieve the best public value for its purchases.
Chapter Three
Governance and Competencies
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (5)
Procurement Process Governance
The present Law and the executive regulations thereof shall regulate the provisions related to the governance of the procurement process, including the role and responsibilities of
federal agencies, councils, committees, and organisational units concerned therewith.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (6)
Powers Delegation Matrix
1. Decisions regarding the procurement process shall be issued according to the Power
Delegation Matrix.
2. Each federal agency shall determine, by a decision of its head or an equivalent thereof,
Federal Law No. (11) of 2023 Concerning procurement in the federal government 8
the personnel entrusted with the authorities outlined in the Powers Matrix provided by
the Ministry.
3. Federal agencies may review their own powers delegation matrix and request amendments thereon from the Ministry according to each agency requirements, without prejudice to the general framework of the Powers Delegation Matrix issued by the
Ministry.
4. Independent federal agencies may adopt their own powers delegation matrix, guided by
the Powers Delegation Matrix issued by the Ministry.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (7)
Federal Agencies Obligations
The Federal Agency shall abide by the following: -
1. Work on advance planning and determine its procurement requirements, including
preparing the annual procurement plan, all while striving to uphold the public best
interests.
2. Develop and implement mechanisms and plans to support the provision of procurement at the highest levels of quality and ensure the provision of the best public value;
3. Choose the appropriate procurement method in light of the requirements, risks, complexities, and supply strategy related to the targeted purchases;
4. Work to reduce the costs incurred when implementing the annual procurement plan,
taking into account achieving the best public value;
5. Manage comprehensive procurement processes for procurement, starting from
defining requirements to awarding procedures and signing contracts, with the
involvement of the necessary organisational units;
6. Ensure complianc e and harmonisation of procurement processes with the principle of
transparency at all stages, including full transparency in disclosing bid evaluation criteria;
7. Work to attract the best suppliers, upholding principles of impartiality and equal treatmen t among all participating vendors, while fostering a competitive environment;
Federal Law No. (11) of 2023 Concerning procurement in the federal government 9
8. Create opportunities to attract and encourage small and medium enterprises, national
procurement, local suppliers, and supporting the localisation policy, green companies,
sustainable commercial activities, or products that reduce carbon emissions and
environmental damage;
9. Act as a supervisory authority for all contracts, requests, procurement orders,
amendment requests, and other relevant procurement documents;
10. Manage p ost- contractual activities such as disputes and amendments, following up on
supplier performance, assessing risks, and appointing the appropriate people for
management thereof; and
11. Any other obligations determined under the regulations implementing this law.
Chapter Four
Procurement system and Purchasing Principles
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (8)
Procurement System
1. Procurements shall be submitted through the procurement system unless the law or its
executive regulations stipulate otherwise. Independent federal agenc ies may submit
their procurements through the electronic or digital procurement system or any system used in the federal agency;
2. The regulations implementing this law shall specify the procedures for using the
procurement system, including corresponde nce and communication on the electronic
system, signing contracts, and other related matters that have the necessary legal effect;
3. The procurement system shall have the highest levels of privacy, confidentiality, security,
information transparency and ease of use, while ensuring the procedures integrity; and
4. The procurement system shall allow suppliers to access information and data related to
bids determined by the law and the executive regulations thereof.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 10
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (9)
Transparency and Competition
1. All procurement process procedures shall be subject to the principles of transparency,
freedom of competition and equal opportunities at all stages and shall be implemented
in accordance with the rules and procedures stipulated in this law and its implementing
regulations.
2. To uphold the tenets of transparency and equal opportunities, the relevant federal
agency shall inform the participating suppliers of all major information and decisions
related to the bid or affecting fair competition amongst them.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (10)
Impartiality
Each federal agency shall adopt mechanisms that enhance the impartiality of the procurement processes and procedures thereof, including at least the following: -
1. All procurement procedures shall be sound, giving due consideration to the public
interest;
2. All personnel involved in procurement processes shall strictly adhere to principles of
integrity, neutrality, and the provisions of the law;
3. Any employee of a federal agency shall be restricted from engaging, either directly or indirectly, in the procurement processes of their respective agency, or via affiliated
companies, institutions, partnerships, or agencies in which they hold an interest; and
4. Employees in charge of the procurement process shall be educated on detecting and
reporting po tential conflicts of interest, and equipping them with protocols to address
such situations, in alignment with the regulations governing such matters.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (11)
Equality
In procurements procedures, the federal agency shall take into account non- discrimination
between participating suppliers, unless it decides to limit participation to certain categories
Federal Law No. (11) of 2023 Concerning procurement in the federal government 11
in accordance with the stipulations of the law and the executive regulations thereof.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (12)
Protecting Supplier Information
1. Federal agencies shall protect suppliers confidential information and sensitive business
information, including information that affects fair competition between participating
suppliers.
2. The federal agency may not disclose confidential information or sensitive business
information except in the following cases: -
a. Upon a written consent of the relevant participating supplier;
b. Due disclosure in accordance with the provisions of the law, an international
agreement, a judicial order or the order of a regulatory authority;
c. Shall there arise a necessity for selective disclosure, it shall be explicitly stated in the
tender announcement documents and ratified by the suppliers upon participat ion
thereof in the tender process; or
d. Any other cases or provisions stipulated in the regulations implementing this law.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (13)
Public Interest
1. Federal agencies shall attainment of public interest when submitting any of their
procurements.
2. The public interest includes benefits that help achieve the government's strategic visions
and priorities, such as creating commercial opportunities for local companies and commercial activities, supporting small and medium enterprises, national products, local
suppliers, green companies, sustainable commercial activities, or products that reduce
carbon emissions and environmental damage. The regulations issued in implementation
of this law shall specify the special provisions and preferential features wit h regard to the
public interest in procurements processes.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 12
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (14)
Procurements Overall Value
1. Purchasing decisions shall be based on achieving the highest public value and securing
the best possible outcomes against the cost of procurement throug hout the procurement
cycle and the contract duration and in accordance with the provisions of this law and its executive regulations.
2. The procurements overall value is achieved in the following cases: -
a. If the costs thereof offset the total benefits of the purchases;
b. If such value contributes to achieving the results sought to be achieved by the federal agency in terms of purpose, quality, etc.; or
c. If such value achieves the State public interest, whether social, environmental,
economic, cultural, or otherwise.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (15)
Procurement Planning
1. Each federal agency shall annually prepare a procurement plan concurrently with the preparation of its annual budget. This plan shall entail a strategic approach to address the
federal agency requirements, informed by a comprehensive analysis of market conditions,
proposed procurement methodologies, and associated risks. The plan shall detail
estimated costs budget, anticipated timelines, and evaluation metrics. Furthermore, it shall
articulate the public interest objectives sought through such procurements. Amendments
to this procurement plan by the federal agency during the fiscal year shall align with the
evolving priorities and exigencies thereof.
2. Federal agencies shall, before submitting procurements thereof, assess the public interest
to be achie ved and whether the purchases contribute to achieving any of the government
priority strategic outputs.
3. The federal agency may publish information about procurement plan thereof for the coming months or years, including key information about its work an d purchases for such
period. The federal agency may also publish a prior announcement about any potential
Federal Law No. (11) of 2023 Concerning procurement in the federal government 13
purchases.
4. Publishing any information about the relevant federal agency procurement plan does not
entail any obligation thereon to submit such proc urements.
Chapter Five
Procurement Provisions and Methods
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (16)
Procurement Methods
1. Federal agencies shall submit procurements thereof in a public tender announced through the procurement system, and they may use other procurement methods in
accordance with the provisions specified by this law and its implementing regulations,
provided that this shall not lead to limiting competition.
2. Taking into account the provisions of Clause (1) of this Article, federal agencies shall
choose the best purchasing method that achieves the highest public value for their
purchases.
3. The regulations implementing this law shall specify all types of purchasing methods and
their provisions and procedures.
4. When the federal agency wishes to solicit offers, it may pre -qualify the participating
suppliers to verify the availability of the necessary qualifications and capabilities,
including their technical capabilities, financial and administrative capabilities, the size of
their obligations, and their ability to pe rform.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (17)
Tender and Procurements Announcement
1. The federal agency shall publicly submit procurement bids, unless specific conditions
outlined in the regulations promulgated under this law necessitate alternative bidding
methodologies.
2. The advertisement process shall, at a minimum, encompass the following stages: -
a. Publish the procurement or tender opportunity announcement via the electronic or
Federal Law No. (11) of 2023 Concerning procurement in the federal government 14
digital procurement system or any other system used by the federal agency; and
b. Provide the ability for participating suppliers to view all relevant bid documents.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (18)
Tender Announcement Content
The tender announcement shall encompass comprehensive details necessary for
participating suppliers to formulate and submit their bids, including, but not limited to, the
following: -
1. Name of Concerned Federal Agency;
2. Clarification of the used purchasing method;
3. Description of the required purchases, technical specifications thereof, plans and
drawings, if any, along wit h instructions and outputs;
4. Determination of the required or estimated quantities of purchases;
5. Contracting terms and conditions and contract duration;
6. The levels of service and implementation required to be achieved by the supplier;
7. Evaluation mechanism and criteria and the weight of each criterion;
8. Deadline for submitting bids and procedures for submitting the same on the
procurement system; and
9. Any other data deemed necessary by the federal agency to be included in the
ann ouncement.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (19)
Duration of submissions and response to the announcement
1. Participating suppliers shall have sufficient time to address the tender announcement. The federal agency shall judiciously determine this time -frame, factoring in pertin ent
elements such as the nature and complexity of procurement, as well as the extent of information and specifications essential for bid preparation.
2. In all cases, bidding period shall not be less than the periods specified by the regulations
implementing this law, and the federal agency may extend the period if deemed necessary thereby.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 15
3. If the federal agency issues clarifications or amendments to the tender announcement,
the deadline for addressing the tender announcement may be extended in a way that
allows participating suppliers to take them into consideration.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (20)
Inquiries and requests from participating suppliers and providing timely
responses thereto
1. Participating suppliers may raise inquiries and request reasonable and necessary data to
evaluate the tender within the period specified by the tender announcement.
2. The federal agency shall respond to all reaso nable inquiries and requests urgently. Shall
the agency find itself unable to provide a timely response that allows participating
suppliers to formulate their submissions, it reserves the right to extend the response
deadline accordingly.
3. All participat ing suppliers in competition shall be notified of inquiries directed to the
federal agency concerning the bid and the corresponding responses provided. Nonetheless, the identity of the inquiring party or any confidential or sensitive
commercial information pertaining to individual suppliers shall remain undisclosed to
competitors.
4. A meeting may be held with the participating suppliers before submitting the final
responses, upon the request of any of them, to provide general information about the
project and clarify inquiries (if any). Notes for these meetings shall be recorded and
made available to all participating suppliers.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (21)
Tender Announcement Cancellation or Modification
1. The federal agency may cancel or amend the procedures for bidding or announcing the tender at any time before the deadline for submitting responses, in accordance with the
conditions and procedures specified by the regulations implementing this law, and no
bids may be opened after the cancellation decision.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 16
2. The federal entity shall publish on the procurement system and inform all suppliers
participating in the tender at the same time of any cancellation or change that occurs in
the bid requirements or the tender announcement.
3. The federal agency shall provide suff icient time for participating suppliers, who have
previously submitted bids, to address any amendments. Shall it be deemed essential, the
agency may extend the bid submission deadline to facilitate suppliers in revising
responses thereof.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (22)
Bid Evaluation Criteria
1. Bids regarding tenders shall be evaluated in a transparent and fair manner using evaluation criteria related to the procurement subject, which may include the following: -
a. Financial Cost
b. Procurement operating and maintaining cost.
c. Duration of procurement delivery and completion.
d. Procurements conformity to the required characteristics and specifications (technical, environmental, practical, or otherwise).
e. Terms of payments and guar antees.
f. The experience, reputation, competence and professionalism of the supplier involved in providing the type of required procurements.
g. Any other evaluation criteria stipulated in the regulations implementing this law.
2. A margin of preference m ay be granted in favour of participating suppliers who achieve
the best public interest or added national value, or in favour of locally produced
procurements, or to stimulate local small and medium enterprises, in accordance with
the stipulations of the r egulations implementing this law.
3. Non -price evaluation criteria shall be impartial, aligned with the nature of the intended
procurements, and quantitatively measurable to the greatest extent feasible.
4. The tender announcement shall explicitly and comp rehensively delineate the criteria,
evaluation methodology employed, and the relative significance or weight assigned to each criterion.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 17
5. Bids shall be evaluated in accordance with the evaluation criteria, methodology, and
assigned weights as delineated in the tender announcement. Any standards or
procedures not explicitly announced may not be employed, consistent with the
stipulations of this article .
Chapter Six
Awarding Provisions and Controls
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (23)
Negotiation
1. The federal agency may negotiate with participating suppliers to reach a technical or
financial agreement in the cases specified by the executive regulations of the present
law.
2. Negotiating with participating suppliers is a mandatory step in the supply process if the
total value of the contract is higher than the value determined by the executive
regulations of the present law.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (24)
Excluding suppliers and cancelling the award decision
1. The federal agency may exclude participating suppliers f rom the bid for one of the
following reasons: -
a. The bid submitted by the participating supplier does not meet the minimum basic
requirements specified in the tender announcement.
b. Failure of the participating supplier in the implementation of previous p rocurement
proposed by one of the federal agencies, or any of the cases of stopping dealing with the supplier as determined by the regulations implementing this law;
c. Failure of the participating supplier to fulfil the financial obligations thereof towar ds
the government, including taxes, fees, etc.;
d. Failure of the participating supplier to adhere to the timelines stated in the bids request; or
Federal Law No. (11) of 2023 Concerning procurement in the federal government 18
e. Any other reason specified by the Regulations implementing the Law.
2. The federal agency has the right to cancel the award decision if the awarded supplier
commits a serious error that affects transparency, integrity, or competition, such as
detecting any of the following: -
a. The supplier engagement in unethical practices or provision of incorrect data;
b. It is proven that the bid violates any of the legislation in force in the State;
c. If the award results in a negative impact on national security or the confidentiality of
sensitive government information; or
d. If the supplier offers bribery, illegal kickbacks, bid rigging, fraud, or power abuse with
the aim of illegally influencing the procedures of the procurement process, without
prejudice to the provisions of any other relevant law or legislation.
3. The federal agency shall inform the excluded participating supplier of the exclusion
decision and provide reasons on which this decision was based.
4. The regulations implementing this law shall determine the competent authority to issue
the exclusion decision in the federal agency.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (25)
Exclusion of a bid due to low price
1. A bid shall not be dismissed solely on the basis of a low price unless the federal agency determines that such a price is notably below the projected cost and current market
rates, p otentially jeopardising the supplier capability to meet contractual obligations. In
such instances, the concerned federal agency shall engage in deliberations with the supplier submitting the lower -priced offer, seeking a comprehensive breakdown of the
bid components and justification for the reduced price. Shall the agency entity remain
unconvinced of the supplier capacity to honour contractual commitments, it reserves
the right to decline the bid.
2. The federal agency shall inform the excluded supplier o f the exclusion decision and
provide reasons on which this decision was based.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 19
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (26)
Award
The bid shall be awarded in accordance with the procedures specified by the regulations
implementing this law and based on the evaluation criteria contained in the tender
announcement. The bid shall be awarded to the participating supplier who submitted the bid that meets the following elements:
1. Fulfilling the contract requirements and conditions and proving the abilit y and
capabilities necessary to implement the contract in accordance with the required
provisions.
2. Achieving the public interest and the best public value during the entire contract period.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (27)
Informing suppliers of bid awarding decision
1. Upon the conclusion of bid evaluations and the subsequent award decision, all
participating suppliers shall be duly notified of the selection of the winning bidder.
2. Shall the selected winning supplier fail to submit the requisite documents or execute the contract within the time -frame prescribed by the regulations under this law, without a
valid justification, the federal agency reserves the right, following due notice, to rescind the award. Subsequently, the agency may opt to award the contract to the next most
suitable participating supplier or decide to re -bid.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (28)
Publication of the Award Decision
The details of the award decision may be published on the procurement system within (30) thirty days from the completion of the award and the signing of the contract, and the
publication shall include all the main data of the bid in accordance with the stipulations of
the regulations implementing this law.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 20
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (29)
Award Decision Justifications
Without prejudice to the right of the participating supplier to file a grievance before the
relevant federal agency within the deadlines stipulated in Article (38) of this law, any
supplier not selected as the winner may petition the federal agency for elucidation on the reasons for their non -selection, encompassing both the merits and demerits observed during
the award process. Upon such a request for clarific ation, the federal agency shall furnish a
response within the duration stipulated in the regulations governing this law .
Chapter Seven
Contract Provisions and Controls
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (30)
Procurement contract
The procurement contract shall regulate the provisio ns of the contract and the obligations
and rights of parties thereto and shall be prepared in a manner that shall not contravene this
law and the regulations implementing it. In the event of any disputes or disagreements
between the federal agency and the supplier, reference shall be to the procurement contract
as it is the legal document regulating the contractual relationship between them.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (31)
Preparing Procurement Contracts
1. The regulations issued in implementation of the present law shall s pecify the types and
forms of standard procurement contracts.
2. Federal agencies may draft contracts for their procurement processes as deemed
necessary depending on the nature and complexity of the procurement.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (32)
Contract Signing
The procurement contract shall be signed between the federal agency and the awarded
Federal Law No. (11) of 2023 Concerning procurement in the federal government 21
supplier after being informed of the award decision and submitting a letter of guarantee of
good performance if required, in accordance with the procedures and forms specif ied by the
regulations implementing this law.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (33)
Amendment to the contract
1. Shall there arise a necessity to modify the contract or introduce alterations to the
proposal encompassing adjustments to project scope, timelines, e xpenses, or contractual
terms (such changes shall align with the guidelines, procedures, and prescribed limits
delineated in the regulations that accompany this law. ) Furthermore, requisite approvals
shall be secured in adherence to the Powers Delegation M atrix.
2. Any request to amend a procurement contract shall be based on acceptable reasons and justifications, and the availability of the necessary financial funds for any amendment
shall be verified, regardless of its value.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (34)
Contract Waive r and Subcontracting
1. The contracting supplier may not waive the contract or any part thereof to another
supplier nor may they subcontract except after obtaining prior written approval from the
federal agency. The regulations implementing this law shall specify the conditions and
controls in this regard.
2. The federal agency may provide payments directly to the sub -supplier, and the
regulations implementing this law shall determine the conditions and controls in this
regard.
3. The contracting supplier, in all cases, shall bear joint responsibility with any
subcontractor for the fulfilment and execution of the contract.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 22
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (35)
Payment to Suppliers
1. Federal agencies shall make payments to suppliers in accordance with the stipulated
provisions and dates.
2. In the event of subcontracting, the contracting supplier shall remunerate the sub-suppliers promptly upon the agreed -upon payment timelines. It is imperative that
the payment terms established for sub -suppliers shall align with those mutually agreed
upon between the primary supplier and the relevant federal agency.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (36)
Intellectual Property
If the procurement includes the creation of new i ntellectual property rights that are expected
to benefit federal agencies, the tender announcement shall clearly state the purpose of such
rights and whether the federal agency intends to own them, obtain a licence to use them, or
intends to exploit them f or its activities in the future.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (37)
The enforced law and dispute resolution
1. The laws in force in the State shall be applied to the procurement contract. However, based on the approval of the minister or head of the relevant federal agency, w hen
deemed appropriate, it may be agreed upon to apply a foreign law on contracts executed abroad.
2. The parties shall implement obligations thereof stipulated in the contract in accordance
with its terms and conditions without prejudice to this law and t he executive regulations
thereof. If any party fails to implement its obligations, the other party may resort to the
competent courts within the State.
3. The executive regulations of the present law shall det ermine other means of settling
disputes resulting from the implementation of a procurement contract concluded in accordance with the provisions hereof and the procedures and conditions for resorting
Federal Law No. (11) of 2023 Concerning procurement in the federal government 23
to such means.
Chapter Eight
Considering Complaints
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (38)
Grievance against the decisions of the federal agency
1. Every participating supplier shall have the right to file a grievance before the federal
agency regarding any decision taken thereby prior to the awarding decision, within (5)
five business days as of the date of being notified of the decision. Each supplier shall also
have the right to file a grievance before the federal agency regarding the awarding
decision, within (5) five business days as of the date of issuing the award decision.
2. The federal agency shall impartially decide on the grievance within the period specified
in the regulations implementing this law. If such period lapsed without responding to the
grievance, this shall be considered a rejection of the grievance.
3. The regulations implementing this law shall specify the mechanisms and controls for
grievance and response, the relevant time limits, its procedures, and the authority
competent to decide thereon.
Chapter Nine
General Provisions
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (39)
Procurement Contracts and Offering Documents Language
1. Contracts, offering documents, annexes thereof, and related correspondence shall be
drafted in Arabic, and English may be used instead as per the federal agency deems
necessary.
2. The procurement contract shall include c larification of the language adopted for
interpretation and implementation, and determine its specifications, plans, and
correspondence related thereto when two languages are used in drafting the contract or
document.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 24
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (40)
Contracting Among Federal Agencies
Federal agencies and wholly government -owned companies, whether at the local or federal
level, may contract with each other by direct agreement without substantive or procedural
subjection to this law, provided that they themselves shall undertak e the implementation of
the works or secure procurements, and they may also act on behalf of each other in initiating contracting procedures.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (41)
Exception from the provisions of the law
The Cabinet may make an exception to any provision of this law, as deemed necessary, and
upon the request of the relevant federal agency, specifying the subject of the exception and
justifications thereof.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (42)
Regulations implementing the Law
1. The Cabinet shall issue the regulations implementing this law, including the following:
a. Detailed terms, procedures and conditions of the procurements process on the procurement system;
b. Roles of organisational units concerned with procurement in federal agencies;
c. Define the tasks and roles of procurement committees in federal agencies;
d. Determine the methods, categories and levels of purchasing and the provisions
related thereto;
e. Provisions related to the procurement Powers Delegation Matrix;
f. Define procure ment processes and detailed provisions related thereto;
g. Determine the types and forms of contracts;
h. Non -conformities;
i. Forms used in procurement; and
j. Any provisions, procedures or work directives that may regulate procurement
Federal Law No. (11) of 2023 Concerning procurement in the federal government 25
processes in federa l agencies, along with determining the entities concerned with
issuing them.
2. The Minister shall issue the necessary directives and procedures to implement the
provisions of this law and the executive regulations thereof.
3. Independent federal agencies may adopt their own procurement regulations or policies
in accordance with the provisions of this law, provided that their preparation is guided
by the regulations implementing this law.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (43)
Repeals
1. Any provision that violates or contradicts the provisions of this Law shall be repealed.
2. Cabinet Resolution No. (1/1) of 2022, pertaining to the endorsement of the digital
procurement policy for the federal government, and Cabinet Resolution No. (4) of 2019 ,
addressing the procurement and warehouse management Regulations within the federal
government, shall persist in application, provided they shall not contradict the
stipulations of this law. Such c ontinuity remains in effect until the formulation and
issuance of regulations, directives, and any pertinent policies aligned with this legislation.
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (44)
Contracts concluded prior to this law
Provisions of this law shall not apply to procurements by federal agencies concluded prior to its enactment. Such procurements shall remain governed by the contracts and legislations
applied thereto at the time of their formation. Any modifications, renewals, or extensions
thereof shall only be permissible in alignment with the regulations set forth in this law.
Federal Law No. (11) of 2023 Concerning procurement in the federal government 26
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finance and banking | Federal Law No. (11) of 2023 Concerning procurement in the federal government | Article (45)
Law Publication and Enforcement
This Law shall be published in the Official Gazette and shall enter into force as of the day
following the date of its publication.
Mohammed Bin Zayed Al Nahyan
President of the United Arab Emirates
Issued by Us at the Palace of the Presidency in Abu Dhabi:
On: Jumada I 13, 1445 H
Corresponding to: November 27, 2023
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (1)
Definitions
In the implementation of provisions of this decretal law, and unless the context otherwise
requires, the following words and expressions shall have the meaning cited against each:
The State: : The United Arab Emirates.
The
Government : The UAE Federal Government.
The Local
Government : The Government of any of the Union member emirates .
The Minister : The Minister of Finance.
The Ministry : The Ministry of Finance.
The Central
Bank : The Central Bank of the United Arab Emirates
The Governor : The Governor of the Central Bank
The Office : The Public Debt Management Office
Public Debt : Direct and indirect outstanding obligations, denominated in the UAE
Dirham or any other foreign currencies, owed by the Government, in
accordance with the provisions of this decretal law.
Local Public
Debt : Direct and indirect outstanding obligations, denominated in the UAE
Dirham or any other foreign currencies, owed by one Local Government or
more, in accordance with the provisions of this decretal law. Decretal Federal Law No (9) of 2018 Regarding Public Debt 3
Public Debt
Instrument : Any debt instrument issued by the Government or which is a party of, in
accordance with this decretal law, and contains a commitment by the
Government to pay a certain amount of funds, including Islamic financial
instruments, treasury bonds, promissory notes, treasury bills, debt
rescheduling bills, government bonds, general or commercial loans, credit
facilities, or payment guarantees.
Local Public Debt
Instrument : Any debt instrument issued by the Local Government of any emirate or
which is a party of, in accordance with this decretal law, and contains a
commitment by the Local Government to pay a certain amount of funds,
including but not limited to financial instr uments referred to in the
definition of Public Debt Instrument.
Outstanding
Public Debt : The total current and outstanding balance of the issuances of the
Government and its related entities, which has not been paid.
Public Debt
Surplus : The remaining of the amount of the value of issued Public Debt
Instruments, which has not been committed in accordance with the
provisions of this decretal law.
Government
Own -Stable
Revenues : Fiscal revenues resulting from the provision of Government s ervices and
the carry -on of its various activities, for which no fixed and compulsory
amount is required to deem such a revenue as stable. This revenue may
vary between specific percentages, up or down, but not exceeding 10% of
the arithmetic average for t he last three (3) years.
Government
Entities : Public authorities and institutions, and corporations that are wholly owned
by the Government or owned wholly by a Government owned entity.
The Electronic
Registry : The electronic registry established at the Ministry for registering the
ownership of Public Debt Instruments.
Decretal Federal Law No (9) of 2018 Regarding Public Debt 4
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (2)
The Purposes of This Decretal Law
1. This Decree -Law regulates the general rules governing the issuance and management of
Public Debt in accordance with a prudent and safe policy, to manage its risks and minimize
its cost.
2. The Government may issue or be a party to one or a group of Public Debt Instruments to
achieve any of the following:
a. Support and develop a highly efficient financ ial market in the State.
b. Finance infrastructure projects and governmental development projects as approved by
the Cabinet.
c. Contribution of Public Debt Instruments to the development and diversification of
primary and secondary financial markets in the Stat e.
d. Support the implementation of the Central Bank's monetary policy.
e. Refinance or substitute an outstanding Public Debt.
f. Cover any financial guarantee issued by the Government in accordance with the
provisions of this decretal law.
g. Settlement of any other emergency government financial obligation approved by the
Cabinet, based on a proposal by the Minister.
h. Any other objectives that are consistent with the purposes of this decretal law, approved
by the Cabinet.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (3)
The Public Debt Management Office
1. An office for the management of Public Debt, shall be established, under the name of
"Public Debt Management Office", in the Ministry, which is directly subordinate to the
Minister, and shall have the following jurisdictions:
a. Propose strategies and policies of Public Debt management in coordination with the
Central Bank and submit them to the Minister for approval by the Cabinet. Decretal Federal Law No (9) of 2018 Regarding Public Debt 5
b. Implement strategies and policies approved by the Cabinet in coordination with the
Central Bank.
c. Provide advice to the Minister regarding the preparation of proposals related to the
issuance of Public Debt Instruments to be submitted to the Cabinet, in coordination with
the Central Bank.
d. Monitor financial risks and any other risks related to the issuance and trading of any Public Debt Instrument, and propose solutions to manage and monitor such risks.
e. Provide advice to the Minister regarding investment options for any Public Debt Surplus
through safe and highly liquid investment instruments, in coordination with the Central
Bank and the Emirates Investment Authority.
f. Provide advice to the Minister to determine the level of acceptable risks when borrowing or issuing any guarantees for the purpose of implementing any of the governmental
development projects.
g. Coordinate with the Central Bank regarding the management of issuance and sale of
Government bonds, treasury bills, and any other government securities.
h. Manage the issuance and sale of any other Public Debt Instruments, in coordination with the Central Bank.
i. Coordinate with t he Local Government in each emirate to support and develop highly
efficient primary and secondary financial markets, through the issuance of Public Debt Instruments in the State.
j. Provide advice to the Minister on policies and procedures to be undertaken in order to
reduce the costs of Public Debt portfolios, and to maintain the levels of associated risks
within acceptable levels.
k. Prepare the annual debt issuance plan.
l. Identify clear short - and long -term objectives for Public Debt management in the State.
m. Provide necessary reports regarding the proper management for the implementation of
Public Debt in the State.
n. Any other functions that are assigned to the Office by the Minister within the framework Decretal Federal Law No (9) of 2018 Regarding Public Debt 6
of the purposes stipulated in this decretal law.
2. The Minister shall issue a resolution regarding the organizational structure of the Office and
the bylaws governing its functions.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (4)
Issuance of Public Debt Instruments
1. A law shall govern the issuance of Public Debt. This law shall specify the followin g:
a. The purposes of issuing the instrument(s).
b. The ceiling of the total amount for the instrument(s) to be issued.
c. The period of issuance and offering of the instrument(s) and the maturity date for
payment.
2. The Cabinet, based on a proposal by the Minister, may issue resolutions on the following:
a. Type of the Public Debt Instrument(s).
b. The way the Public Debt Instrument(s) is(are) to be offered.
c. Reissuance of the Outstanding Public Debt within the limits specified in the issuance law.
and may delegate the Minister to take necessary measures to implement the provisions of this
law regarding the management of the Public Debt Instrument(s) and the resolutions of the
Cabinet in this regard.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (5)
The terms of any Public Debt Instrument shall not be amended after announcing the conditions
of its offering and trading.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (6)
The Total Maximum Amount for Outstanding Public Debt
The total amount of Outstanding Public Debt shall not, at any time, exceed the amount determined by the Cabinet, at a maximum of Two Hundred Fifty per cent (250%) of the Decretal Federal Law No (9) of 2018 Regarding Public Debt 7
Government Own- Stable Revenues. For the purposes of this article, neither the Public Debt
Surplus nor the proceeds of its investment shall be included in the total Outstanding Public Debt.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (7)
The share of Public Debt that is allocated for infrastructure projects or their financing shall not
exceed Fifteen per cent (15%) of the total Outstanding Public Debt at any time.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (8)
Management of the Public Debt Surplus
The Minister shall be authorized to conclude one agreement or more with the Central Bank and the Emirates Investment Authority or with both parties to invest any funds that have been
registered by the Ministry as Public Debt Surplus.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (9)
The Strategy of Public Debt Management
1. The Minister shall prepare a strategy and an action plan for the management of the Public
Debt and shall update it annually or whenever it deems necessary, in coordination with the Governor to achieve the objectives of this decretal law.
2. The Minister shall submit the strategy and the action plan for Public Debt Management to
the Cabinet for approval.
3. The strategy and the action plan for Public Debt Management shall be published in the
Official Gazette, following its approval by the Cabinet.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (10)
Settlement of Public Debt Instruments
1. A Public Debt Instrument shall be considered as an absolute and unconditional obligation
on the Government to be settled from its resources, and shall has a privilege right for Decretal Federal Law No (9) of 2018 Regarding Public Debt 8
settlement before all other debt.
2. Funds req uired for the settlement of Public Debt and its service shall be included, annually,
in the State's general budget.
3. The Minister may delegate the Central Bank to withdraw, automatically, from the
Government's accounts held at the Central Bank for the settl ement of any of the Public Debt
Instruments.
4. Should the settlement date for Public Debt or any of its obligations fall on an official holiday of the government or banks operating in the State, the first following business day shall be
the due date for settlement, unless otherwise stated in the loan agreement, entered into by
the Government or any of the Government Entities.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (11)
Financial Guarantees of the Government
1. Without prejudice to the text of article (6) of this Decree by Law, the Gove rnment may
provide one governmental financial guarantee or more on behalf of any of the Government Entities, based upon a recommendation from the Minister and the Cabinet's approval.
2. The Cabinet shall, based upon a proposal by the Minister, issue a resolut ion to specify the
terms and conditions governing the issuance of the governmental financial guarantee.
3. The Minister shall be authorized, by virtue of this Decree by Law, to issue the required
governmental financial guarantee to implement the Cabinet resolution referenced in clause
(1) of this article.
4. The Minister shall notify the Federal National Council of the guarantees provided by the
government, when implementing the provisions of this article, within (30) thirty days – at
most – from the date of its provision.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (12)
Re-lending Borrowed Funds
Re-lending of collected funds from the issuance of any Public Debt Instrument may be approved, Decretal Federal Law No (9) of 2018 Regarding Public Debt 9
by a Cabinet resolution in order to achieve any of the objectives specified in article (2) of this
decretal law. Such a resolution shall specify the category of eligible parties to borrow, total
amount allocated for re -lending, and the terms of settlement for the amount borrowed.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (13)
Public Debt Management Report
1. The Minister shall submit an annual re port regarding the management of the Public Debt to
the Cabinet for endorsement within the first three months of the beginning of each financial
year for the Government. The report shall include a review of the activities of the previous
financial year com pared to the approved strategy for the management of Public Debt along
with an overview for the current financial year's borrowing plans based on expectations
referred to in the State's annual budget.
2. The report shall be published in the Official Gazette o nce endorsed by the Cabinet.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (14)
Audit
1. The Office shall have one external auditor or more selected from the pool of licensed audit
firms in the State. The Minister shall issue a resolution to appoint the external auditor for a
one -year term, renewable, and shall determine in this resolution the applicable fees.
2. The external auditor shall conduct the audit of the accounts of the Office and shall prepare a
report every three (3) months regarding the extent to which the Office implements the
prov isions of this decretal law and the resolutions in implementation thereof with respect to
these accounts, and shall submit the report to the Minister.
3. The external auditor may, at any time, review records of the Office, its accounts, and all
other document s; and may request clarifications as deemed necessary for the performance
of its functions, review the outstanding rights and obligations related to the activities of the Office, in accordance with the provisions of this decretal law and the resolutions in
implementation thereof. Decretal Federal Law No (9) of 2018 Regarding Public Debt 10
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (15)
Listing and Registration
1. Public Debt Instruments shall be issued in electronic forms (book -entry) and shall be
registered in an Electronic Registry. Public Debt Instruments may also be issued in the form
of paper certificates.
2. Public Debt Instruments offered for public subscription shall be listed on one financial market or more operating in the State, in accordance with the provisions of the Federal Law
No. (4) of 2000 , Regarding the UAE Securities and Commodities Authority & Market, and
amendments thereto. As an exemption from the provisions referred to in the aforementioned law an d the decisions issued pursuant thereto, Public Debt Instruments
shall be traded in accordance with the trading provisions issued for the implementation of
the provisions of this decretal law.
3. The Minister shall issue, in coordination with the Securities and Commodities Authority and
the Central Bank, all executive bylaws and resolutions that concern the issuance and
registration of Public Debt Instruments as well as the provisions of trading, clearing and
settlement, and the registration of any liabilitie s thereon, within six (6) months from the
date of this decretal law comes into effect.
4. Data and records in the registry of Public Debt Instruments, held in accordance with the
provisions of item (1) of this article, including records related to the trading of the Public
Debt Instrument, shall have authoritative legal power as granted by the decretal law to the
official documents.
5. As an exemption from the provisions and rules of evidence set forth in any other law, claims
that pertain to Public Debt Instrume nts may be documented by all legally recognized
methods of proof, including electronic data, telephone records, facsimile mailings, and e -
mail; provided that any of these correspondence methods is supported by the recipient of
the subject communication.
Decretal Federal Law No (9) of 2018 Regarding Public Debt 11
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (16)
Public Debt Management Offices in the Emirates
1. The Local Government in each emirate shall, in case of issuing Local Public Debt
Instruments, establish an office that has, at least, the same competencies as provided in
article (3) of this decre tal law, at the level of the concerned administration.
2. Each Public Debt Management Office in the concerned emirate shall take necessary measures to implement the provisions of item (1/i) of article (3) of this decretal law, and
shall, as requested, provide the Public Debt Management Office established in accordance
with this decretal law all the data, information, and statistics necessary for the preparation and issuance of reports, data, statistics, resolutions, and recommendations referred to in this
decr etal law.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (17)
Statute of Limitations for Claims
1. No claim by the Government for any dues that are owed by any party in accordance with
the provisions of this decretal law shall be heard beyond five (5) years following the
emergence of the claimed right.
2. No claim by any party for any dues that are owed by the Government in accordance with
the provisions of this decretal law shall be heard beyond five (5) years following the
emergence of the claimed right.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (18)
Exemption from Fees and Taxes
Issuance of any Public Debt Instrument, payment of its value, its returns, interest, or profits resulted therein shall not be subject to any federal or local fees or taxes.
Decretal Federal Law No (9) of 2018 Regarding Public Debt 12
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (19)
Issuing of Loan Bonds by Government Entities
No Government Entity shall issue loan bonds or Islamic financial instruments without the prior
approval of the Cabinet. The request for approval shall include the amount of the loan bonds or
the Islamic financial instruments to be issued, the purpose of issuing them, and the financial
sources or the investments to be allocated for the settlement of incurred debt.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (20)
Oversight of Government Entities' Borrowing
Without prejudice to the provision of article (19) of this decretal law, the Office shall oversee the
borrowing or financing arrangements made by Government Entities, provided that the sum of
such arrangements, in any year, exceeds the capital of the relevant entity for the given year. The Office shall be authorized to request and receive necessary inform ation related to such
arrangements; and shall determine, upon receipt of such information, the policies and procedures to be considered by the concerned entity to manage its borrowing or financing arrangements.
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (21)
Executive Bylaws
The Cabinet s hall issue necessary resolutions to implement the provisions of this decretal law.
Decretal Federal Law No (9) of 2018 Regarding Public Debt 13
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finance and banking | Decretal Federal Law No (9) of 2018, Regarding Public Debt | Article (22)
Decretal Law Publication and Application
This decretal law shall be published in the Official Gazette, and shall come into force on the day
following t he date of its publication.
Khalifa Bin Zayed Al Nahyan
President of the United Arab Emirates
Promulgated by us at the Presidential Palace, Abu Dhabi on:
Muharram 10, 1440 Hijri
September 20, 2018 Gregorian |
finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (1)
Definitions
For the purpose of applying the provisions of this Decree Law, the following words and
expressions shall bear the meanings assigned thereto respectively, unless the context
requires otherwise:
The State : The United Arab Emirates
The Ministry : The Ministry of Justice
The Minister : The Minister of Justice
Head of Local
Judicial
Authority : The heads of local judicial bodies according to the legislation
regulating their work.
The Committee : The Lawyers and Legal Consultants Affairs Committee that is
established pursuant to article (79) hereof.
The Competent
Department : The Ministry's Lawyers and Legal Consultants Affairs
Department
Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 3
The Roll : A paper or electronic document kept by the Competent
Department f or recording the lawyers' data, and each of
which shall have an independent roll according to the
provisions of this Decree Law and its Executive Regulations.
The Register : The pape r or electronic document kept by the Competent
Department for recording the data of lawyers' assistants; i.e.
legal researchers, legal consultants and representatives,
according to the provisions of this Decree Law and its
Executive Regulations.
The Lawy er : The natural person whose name is recorded in the roll of
practicing or non -practicing lawyers with the Ministry.
Legal
Consultant : The natural person whose name is recorded in the roll of legal
consultants with the Ministry.
The profession : The legal profession or legal consultation profession
The Code : Regulations that set out a set of rules and controls that
regulate the work of the lawyers and their assistants, as well
as the professional ethics and conduct.
The Firm : The law firm o r legal consultation firm duly licensed in the
State, whether as a sole proprietorship or a professional
company.
The Foreign
Firm : The branch of a foreign firm or company duly licensed in the
State to engage in the legal profession and legal consultat ion
and which satisfies the requirements set out in article (70)
hereof.
Legal Fees : The monetary consideration payable to the lawyer or legal
consultant against performing the legal work assigned to him
/ her by the client.
Retainer
Agreement : An agreement between the lawyer or legal consultant and the
client, which sets out the agreed fees and payment method, as
well as the type and nature of the duties assigned to the
Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 4
lawyer or legal consultant
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (2)
Objectives of this Decree Law
This de cree law shall aim to:
1. Regulate the legal profession and legal consultation profession.
2. Develop the legal profession and legal consultation profession and upgrade the
efficiency of its practitioners; and
3. Promote the trust in those performing the legal profession and legal consultation
profession under the umbrella of specific professional, ethical and behavioral controls.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (3)
Scope of Application
1. The professions of this Decree Law shall apply to all persons and entities practicing the
legal profession and legal consultation profession in the State.
2. The emirates having local judicial authorities may regulate the legal profession and legal consu ltation profession in accordance with their own local legislation.
Part Two
Practice of the Legal Profession
Chapter One
Independence and Controls of the Profession
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (4)
The legal profession is an independent, liberal profession regulated by this Decree Law, and contributes to achieving justice, ensuring the rule of law and promoting the right to defense.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (5)
Lawyers are the professionals who engage in the legal profession for the sake of providing judicial assistance to the wishing persons. In the course of performing their profession the
Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 5
lawyers shall have the rights and guarantees and shall be subject to the duties imposed on
them in accordance with the provisions of this Decree Law and its Executive Regulations
and the Code.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (6)
1. Only lawyers duly licensed in the State shall practice the legal profession or carry out any activities related thereto or use the title "lawyer" upon performing any other relevant
work. The legal profession's activities shall include, without limitation, the following
work:
a. Appearing on behalf of, and representing, the persons concerned before the court s,
the public prosecution, the committees of a judicial mandate, the investigation
bodies and the police, defending such persons in relation to the legal proceedings
instituted by or again them, and carry out relevant judicial work;
b. Giving legal opinion and advice;
c. Drafting the contracts and relevant legal procedures; and
d. Representing the parties in respect of any non- judicial legal work under a limited
power of attorney.
The courts, the public prosecution and government entities shall only admit t he lawyer's
legal representation if his / her name is recorded in the Roll of Practicing Lawyers kept with
the Ministry.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (7)
Without prejudice to article (9) hereof, only the lawyers admitted for pleading befo re the
Federal Supreme Court shall be allowed to appear before such a court on behalf of the
parties to the case and to file motions, appeals and statements of claim.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (8)
Notwithstanding the provisions of article (6) hereof:
1. The persons conc erned may authorize their spouses, in -laws or blood relatives up to the
fourth degree to appear on their behalf before the courts and judicial committees.
Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 6
2. An attorney -in-fact appointed under a limited power of attorney may represent the legal
represen tative of the private legal person in relation to any legal proceedings, whether
before the Case Management Office or the Court, as the case may be. In which case, the
attorney -in-fact shall satisfy the following requirements:
a. To be a national citizen h aving full legal capacity;
b. To be holding a university degree in law or in Sharia and law from a university or
college recognized in th e State or the equivalent certificate thereof. In addition, the
Executive Regulations hereof shall set out the controls and requirements of the equivalent certificates;
c. To be an employee of the private legal person; and
d. To have its name recorded in t he Roll of Non -Practicing Lawyers.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (9)
Notwithstanding the provisions of Articles (6) and (7) hereof:
1. The State Lawsuits Department of the Ministry shall represent the ministries, government departments, and federal public bodies and institu tions in relation to filing
the motions, statements of claim, appeals and statements of defense, and, in general, performing all acts and activities relating to the handling of legal proceedings and
appeals before the courts of all jurisdictions, the arbit ral tribunals in the State and any
other entity having a judicial mandate under this Decree Law, whether the ministries,
government departments, and federal public bodies and institutions are acting as
Plaintiff or Defendant, both within and outside of the State.
2. Without prejudice to article (7) hereof, such entities may be represented by the
following persons in respect of performing the activities referred to in Clause (1) of this
Article:
a. The legal consultants who are employed by such entities, p rovided that their names
are recorded in the Roll of Non -Practicing Lawyers; and
b. The law firms in relation to certain important legal proceedings, subject to prior approval of the Minister.
3. The local gov ernment entities and State -owned companies may be represented by either
Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 7
the Ministry's State Lawsuits Department for carrying out the activities referred to in
Clause (1) of this Article, or the legal consultants and experts who are national citizens
employed by such entities, provided that their names are recorded in the Roll of Non -Practicing Lawyers. Such entities may also be represented by lawyers to carry out
the said activities, provided that the representing lawyers are admitted for pleading
before t he Court handling the underlying legal proceeding.
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (10)
1. A non -national lawyer may be licensed to practice the legal profession in the State
subject to satisfying both the requirements set forth in Articles (13.2) , (13.3) , (13.4),
(13.6), (13.7 ), (13.8) , (13.9) and (13.10) hereof, and the following requirements:
a. The non -national lawyer must have practiced the legal profession for at least fifteen
(15) years, and is still registered as a practicing lawyer in the State wherein the legal
profession has been practiced by him;
b. The non -national lawyer must be a partner of a foreign law firm that is both duly
licensed in the State and satisfying the requirements set out in article (70) hereof, and
according to the conditions set out in the Exe cutive Regulations hereof, and must be
practicing the legal profession only through such a firm;
c. The non -national lawyer shall carry out the legal representation only in relation to the
legal proceedings handled by the specialized circuits to be determined based on a
decision of the Head of the Federal Judicial Council or the Heads of Local Judicial
Bodies, as the case may be, and excluding the criminal proceedings, administrative proceedings, family proceedings and personal status proceedings of Muslims ; and
d. The other requirements set out in the Executive Regulations of this Decree Law.
2. During, and on the occasion of, practicing the legal profession, the non -national lawyer
shall be subject to all the rights, obligations and disciplinary measures that are applicable
to the national lawyers and described herein.
3. The Executive Regulations of this Decree Law shall regulate the procedures and
controls of licensing and delicensing the non- national lawyers to practice the legal
professi on, as well as the licensing term and renewal mechanism.
Federal Decree Law No. (34) of 2022 Regulating the Legal Profession and Legal Consultation Profession 8
Chapter Two
Listing in Rolls of Lawyers
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (11)
Roll of lawyers shall be created by the Ministry as follows:
1. The Roll of Practicing Lawyers;
2. The Roll of Non- Practicing Lawyers; and
3. The Roll of Trainee Lawyers.
Section One
Listing in Rolls of Practicing Lawyers
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finance and banking | Federal Decree-Law No. (15) of 2018 Concerning the Collection of Revenues and Public Funds | Article (12)
1. The Rolls of Lawyers shall be divided into:
a. The Roll of Practicing Lawyers admitted before the Courts of First Instance and
Appeal; and
b. The Roll of Practicing Lawyers admitted before the Federal Supreme Court.
2. The Executive Regulations of this Decree Law shall set out the conditions and procedures of moving the lawyer's name from the Roll of Practicing Lawyers admitted
before the Cour ts of First Instance and Appeal to the Roll of Practicing Lawyers admitted
before the Federal Supreme Court.
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