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Participation of Consultant Dr. Hisham Fawzy in Expo Contract Event

H&Z Law — Wed, 26 Jun 2024 16:20:39 +0000

Participation of Consultant Dr. Hisham Fawzy in Expo Contract Event
Consultant Dr. Hisham Fawzy participated in an important event organized by “Expo Contract,” a member of the Chamber of Commerce of the Russian Federation and a trading partner of the Russian Export Center. The event focused on the Egyptian investment law and the incentives available for major foreign investors in Egypt. This official event was held in the conference hall of the “Tulip Golden Plaza” hotel on June 25, from 9 AM to 6 PM.

Egyptian Investment Law:
Consultant Dr. Hisham Fawzy delivered a distinguished speech highlighting the advantages of the Egyptian investment law, shedding light on recent amendments made to encourage foreign investments Consultant Dr. Hisham Fawzy explained that the law provides an attractive investment environment through tax and customs incentives, in addition to administrative facilities aimed at expediting investment procedures. He also discussed the investment opportunities available in various sectors such as industry, tourism, agriculture, energy, and infrastructure.

Incentives for Major Foreign Investors:
Consultant Dr. Hisham Fawzy pointed out the special privileges enjoyed by major foreign investors, which include obtaining land at competitive prices, long-term tax exemptions, and facilities for profit and capital repatriation. He also mentioned that the Egyptian government is working to provide a stable and secure business environment that ensures the protection of investors’ rights and facilitates the quick and efficient resolution of disputes.

Participation of the Russian Delegation:
The event witnessed the participation of a “business delegation” of Russian companies and entrepreneurs visiting Egypt to find business partners and build relationships with Egyptian businessmen. The visit included exploring leading companies and industrial associations in Egypt, reflecting the Russian side’s desire to enhance economic and trade cooperation between the two countries.

Event Activities:
Throughout the day, the event included several discussion sessions and workshops covering various aspects of investment in Egypt. The discussions focused on how to strengthen cooperation between Egyptian and Russian companies and showcased success stories of Russian investments in Egypt. Additionally, direct business meetings were organized between businessmen from both sides to discuss potential partnership and cooperation opportunities.

Importance of the Event:
The importance of this event lies in the ongoing efforts to strengthen economic relations between Egypt and Russia and encourage foreign investments in Egypt. It also provides a platform for companies and businessmen from both countries to exchange ideas and experiences and explore mutual cooperation opportunities.

In conclusion, this event represents a positive step towards enhancing economic cooperation between Egypt and Russia, reaffirming the attractiveness of the Egyptian market to foreign investors. These efforts are expected to result in new partnerships and increased investments that will benefit the economies of both countries.

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Dr. Hisham Fawzi’s comments on the federal draft law concerning companies in the UAE – Part Three

H&Z Law — Sat, 22 Jun 2024 14:24:56 +0000

Notes of Counselor Dr. Hisham Fawzy on the Federal Law Draft Regarding Companies in the UAE – Part Three

Chairman:

“.2 Except for the transfer of a partner’s share by inheritance or by court order, the company must rectify its status within three months from the date of notification; otherwise, the company shall be considered dissolved, and the partners therein shall be jointly and severally liable for the company’s debts and obligations arising from the date of the increase in the number of partners.”

There is an amendment; the term “bequest” has been deleted from this clause as it was considered an exception as a type of voluntary transfer of ownership. Therefore, the amendment is solely the deletion of the word “bequest.”

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

Your Excellency, we indeed proposed this text to the committee, and it is useful because individuals can transfer ownership voluntarily. For example, I can sell to fifty people and take them to court, and we proposed the idea to the committee, but it did not receive acceptance. However, it is beneficial, thank you.

Chairman:

So the proposal is: “Except for the transfer of a partner’s share by inheritance or by final court order, it relates to involuntary transfer of ownership,” finalized, linked to a person who has debts, thereby being arrested and receiving a court order, and the Ministry was unwilling to intervene in these details, so they did not accept this proposal, and the matter ended with its rejection…

Chairman:

Okay, now, counselor, tell us the sentence so that we can place it with this clause.

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

“Except for the transfer of a partner’s share by inheritance or by final court order relating to involuntary transfer of ownership,” thank you.

Chairman:

Okay, we finished with the bequest, and now, counselor, why was it canceled?

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

Combining final and stayed is not allowed; the word “stayed” suffices.

Chairman:

The word “stayed” means the end of matters, and as for canceling the bequest?

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

Let us finish with the matter. Point, Your Excellency; as for involuntary transfer of ownership, is it approved or not?

Chairman:

Not approved.

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

As for the bequest, it remains a voluntary act, Your Excellency, because you choose the bequest, which means you can leave fifty people a bequest; you do not choose death but choose the bequest, so if the number of partners increases in the sale, if they are increased, you must rectify your status. Therefore, the bequest takes on the effect of the sale and the Committee’s view is correct, thank you.

Chairman:

That is, by deleting the bequest? So, does the Council and the Government agree to delete the word “bequest”?

(Agreement)

Chairman:

“.2 Each partner may request the return of the share provided in item (1) of this article within thirty days of the director being notified of the agreed price, and in the event of disagreement on the price, the share is valued by one or more technical and financial experts knowledgeable about the share’s subject chosen by the competent authority upon request submitted by the retrieval applicant at their expense.

There is an amendment: deleting the letter “و” [waaw] at the beginning of the phrase, in addition to improving the formulation by adding the word “on the value” instead of “on the price.”

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

Your Excellency, for a limited liability company, it is not a monetary company and it is not a personal company. It is a blend between the two, where it collects on one end the funds and on the other end the people, and aspects of the people’s company in it include the impossibility of dealing with the provisions unless the partners grant them an opportunity to be reclaimed. Therefore, we were particularly careful about the expressions where we said the case of disagreement over value, not price, and thank you.

Article (29) became Article (21)

The post of manager in the company is free

“.1 Unless the company’s founding contract or appointment decision stipulates otherwise, the general assembly dismisses the manager by decision, whether the manager is a partner or non-partner, and the court may dismiss the manager based on a request by one or more partners in the company if the court finds a valid reason for dismissal.”

Without amendment.

Chairman:

Thank you, Brother Rashid, please, Mr. Counselor, with regard to the responsibility of managers in the company, there is the appointment contract, and Brother Rashid says, “Unless the company’s founding contract or the appointment contract”?

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

Yes, so that it is consistent with the second item.

Article (94) became Article (29)

Powers of the Supervisory Board

“The supervisory board shall examine the company’s books and documents, and may require managers at any time to submit a report on their management. This board monitors the budget, annual report, and profit distribution, and provides a report on this matter to the general assembly of the partners at least five days before its meeting.”

Without amendment.

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

Regarding the proposal of Mr. Member Rashid Al-Sharaqi, we believe that the text as it is is better. The text says, “The supervisory board shall examine the company’s books and documents, and may require managers at any time to submit a report on their management …” This sentence is clear as it is, followed by “… This board monitors the budget …” In monitoring, this action is legal and “this board” is the legal agent, and so it is important to mention here, and for this reason, the formulation received is better.

As for the authorization and it is, “The supervisory board shall examine or authorize whoever sees fit to examine the company’s books …” It is a good idea, Mr. President, and thank you.

Chairman:

The sentence needs re-formulation, so we are not going to say, “The supervisory board shall examine or authorize the books …” How would he authorize the books, so it must be reformulated if you want to include this meaning, please, Mr. Counselor.

Dr. Hisham Mohamed Fawzy (Legal Counsel to the Council):

The text should read: “The supervisory board shall examine or authorize others to examine the company’s books…” Thank you.

Chairman:

Thank you, Brother Counselor, for your clarification.

https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/71fbc0d7-ffed-4258-8147-0d2aa380e6b3.pdf

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Dr. Hisham Fawzi’s comments on the federal draft law concerning companies in the UAE – Part Two

H&Z Law — Fri, 21 Jun 2024 10:12:00 +0000

The second part of the project law on federal companies in the UAE, along with the notes of Dr. Hisham Fawzi:

Excellency, the Chairman:

“.3 The company may retain an electronic copy of the originals of any documents and papers deposited and preserved with it according to the controls issued by a decision of the Minister.”

Reason for introducing this clause: This clause was added to accommodate international indicators regarding the ease of corporate operations by facilitating shareholders’ recourse to litigation and the speedy availability of information and documents during trials. It also aligns with the governance principle within the framework of rapid information exchange to preserve shareholders’ rights without delay. The amendment came to complement and confirm the provisions of the Electronic Transactions and Commerce Law.

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, the President, the matter is simple, and the answer is in Article (331), which states: “Except for the mutual termination company, do not hear in denial and no legal excuse once the three years have elapsed lawsuits arising before the liquidator due to liquidation acts and lawsuits arising before partners or managers of the company or board members or auditors due to their functions,” so the period is three years and it is very reasonable for a five-year period to retain records, thank you.

Excellency/Sultan Juma Al Shamsi:

The Proposed Text: “If agreed in the company contract to deprive one of the partners of profit or exempt him from loss … We want to add the following … Or receiving a fixed benefit for his share in the company” If they lost or earned, he is committed to a fixed interest rate, thank you.

Excellency, the President:

Please, the legal advisor.

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

The truth is that this addition does not harm, and it is called “the condition of the lion,” meaning that profit or a fixed percentage can be stipulated, so it can be useful, and it is also permissible to hear the opinion of the ministry, thank you.

Excellency, the President:

Please, the government advisor.

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

My point is that this is void, we affirm the void, meaning this is a third case of void, and Your Excellency says void, and we say the same thing too, thank you.

Excellency, the President:

Please, Your Excellency the Minister.

7/2/15 Page 099 of 272

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, this means that we must include other cases as well, thank you.

Excellency, the President:

If the Ministry’s point of view is that profit also includes these, please, the government advisor.

Dr. Ayman Hekal: (Legal Advisor at the Securities and Commodities Authority)

Excellency, sometimes there are joint-stock companies that issue types of shares eligible for them, so when we come to joint-stock companies, we find a text saying that the Cabinet may issue other types of shares other than ordinary shares, and these shares may be eligible for a fixed interest. The share may give a fixed interest but cannot sell the share. There are other types of shares that conflict with this article, so if we find an issue that it is prohibited or void to obtain a fixed interest, it means that I will not allow – basically – a certain type of shares to be issued, so we cannot add this issue to the article, thank you.

Excellency, the President:

So, brothers, do you agree with this item as it is without amendment?

(Agreement)

Excellency, the rapporteur:

Article (29) became Article (41)

Illustrative profits

“.1 It is not permissible to distribute illustrative profits to partners or shareholders, and the board of directors or whoever acts on its behalf is responsible before the partners or shareholders and the company’s creditors for this action.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, the first item talks about illustrative profits, the second item talks about distributing profits contrary to the provisions of the law, even if they are actual profit numbers because they are supposed to enter the legal reserve, and the third item says “does not deprive the partners or shareholders of profits …” So the best title for the title is “Company Profits” and not “Illustrative Profits,” and thus it is possible to amend the title here from “Illustrative Profits” to “Company Profits,” thank you.

Excellency, the President:

Does the Council agree to this proposal for the article title?

(Agreement)

Excellency, the rapporteur:

Article (41) became Article (47)

Access to records maintained by the registrar

“Subject to the provisions of this law, the interested parties may request from the registrar the following: .1 A copy of the data contained in the records maintained by the registrar.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

This is a legal term, Excellency President, and the stakeholders are exactly like this, and the ministry determines them under the supervision of the judiciary if there is a problem, thank you.

Rapporteur:

Article (47) became Article (42)

Fees payable to the Ministry and the Authority

“The Council of Ministers issues, based on the proposal of the Minister and in coordination with the Ministry of Finance, a decision on the fees due to be paid by companies for the activities carried out by the Ministry and the Authority within the framework of implementing the provisions of this law.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, the clear answer to that is that the Constitution clearly states that taxes are by law, which are the amounts received by the state without performing any service, while fees may be based on a law, and the Constitution Article is clear on that, and the law allowing the imposition of the fee has been issued, so the law must set the rule and allow the administrative entity to impose it, and this is what happened in this article, and therefore the article is sound and constitutional, thank you.

Rapporteur:

Article (11) became Article (11)

Competing business for company business

“.1 The joint partner is not allowed without the (consent) of the remaining partners to practice for himself or for others an activity that competes with the company or to be a joint partner in another company.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, the consent is a condition for survival, and this condition when forming the company cannot be, and at any time he cannot be, so at the time of forming the company, he cannot be a joint partner at all, and after the formation of the company, he cannot enter into another company and be a joint partner, because the guarantee will decrease by (21%), because he has become a guarantor for another company and thus you want to protect the guarantee, thank you.

Rapporteur:

“.2 The manager is not allowed to engage in an activity similar to the company’s activity without written permission from all partners renewed annually.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

The truth is that this issue will face us in many articles, so you cannot put a title for each article covering all the items listed under the article, so we put a title covering most of the items that agree in the field of the title, thank you.

Excellency, the President:

And now, does the Council agree to this item as provided by the government?

(Agreement)

Rapporteur:

Article (14) became Article (11)

Acceding partner

“If a partner joins the company, he is responsible with the remaining partners in solidarity for all his money about the company’s obligations before joining it, provided that the company discloses them to him in advance as he is also responsible with the remaining partners in solidarity for all his money about the company’s obligations following his joining it and any agreement between the partners, including the disclosure mentioned otherwise is not admissible against others.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, this is a correct note, the meaning is clear, “and every agreement between the partners otherwise” applies to all “is not admissible against others,” and thank you.

Excellency, the President:

And now, does the Council and the government agree on the article with this amendment?

(Agreement)

Rapporteur:

“.1 If the company consists of two partners and one of them withdraws, the other partner may within six months from the date of withdrawal registration in the commercial register enter a new partner or more into the company instead of the withdrawn partner, otherwise the company is considered dissolved as a matter of law.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

The withdrawal, Your Excellency President, “unless he has registered the withdrawal” is the recall, as it does not record the commitments and registers the withdrawal, thank you.

Rapporteur:

Article (15) became Article (12)

Situations in which the company is dissolved

“.1 The company is dissolved in any of the following situations: (a) The agreement of the partners is to dissolve it, provided that the agreement of all partners is obtained and the decision is not made more than two months after the date of conclusion of the agreement to dissolve it.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Excellency, this is a correct note, “between the partnership” does not come and if the contract or document cannot be subject to the state, and if it is not also a document, the person who joins is not named, thank you.

Rapporteur:

Article (16) became Article (12)

Cancelling the company

“.1 The company is cancelled by a decision of the court, and the reasons for the cancellation and the distribution of its assets shall be established by the law.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

This is a legal term, Excellency, and this is the reason, and if there is a problem, the court will be in charge, thank you.

Rapporteur:

Article (18) became Article (15)

Preparation of the final account

“.1 The partners shall prepare a final account within a maximum period of three months from the date of dissolution of the company and its announcement, and this account must be published in two local newspapers, and the partners shall bear the costs thereof.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

This is a legal term, and “and the partners are responsible” is a financial term, and thank you.

Rapporteur:

Article (19) became Article (16)

Representation of the company after dissolution

“.1 After the dissolution of the company, the partners may not engage in any transaction that leads to the completion of the dissolution process and the distribution of its assets, except for transactions necessary to complete the dissolution process, and the partners are prohibited from carrying out acts of competition, either directly or indirectly, with the company.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

This is a legal term, Excellency President, and the company is a financial term, and thank you.

Rapporteur:

Article (20) became Article (17)

Distribution of the remaining company funds

“.1 After the liquidation of the company’s assets and the payment of its debts, the remaining funds shall be distributed among the partners in proportion to their shares, unless the contract provides otherwise.”

Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

And the phrase “and the partners are responsible for it” is a financial term, and thank you.

https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/71fbc0d7-ffed-4258-8147-0d2aa380e6b3.pdf

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Participation of Legal Advisor Dr. Hisham Fawzi in the Federal Draft Law on Combating Commercial Fraud in the UAE

H&Z Law — Wed, 19 Jun 2024 12:12:39 +0000

Federal Draft Law of 2014 on Combating Commercial Fraud

As submitted by the Government:

“We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,

After reviewing the Constitution, Federal Law No. (1) of 1972 regarding the competencies of ministries and the powers of ministers, and its amended laws,”

Amendment:

Replace the phrase “and its amended laws” with “and its amendments” for the following reasons:

Replacing the phrase “and its amendments” with “and its amended laws” for greater accuracy in light of what the Federal National Council has recently adopted, especially when the law has only one amending law.

Justifications for the Amendment:

The phrase “and its amendments” can imply one or more amending laws, while the phrase “and its amended laws” in the plural form implies more than one amending law.

This change will be made to all laws mentioned in the preamble of the draft law where the phrase “and its amended laws” appears.

Discussions in the Session:

His Excellency the President:

Are there any comments on the first paragraph of the preamble as amended by the committee? The floor is to His Excellency the Minister.

Dr. Hisham Muhammad Fawzi (Legal Advisor to the Council):

Linguistically, the amendment is correct. In the Holy Quran, Prophet Moses said: “Would you exchange what is better for what is less?” The letter “b” always comes before what you seek, and thank you.

Dr. Hisham Muhammad Fawzi (Legal Advisor to the Council):

When we say “and its amended laws,” if there is only one law that amended this law, we would be referring to it in the plural form when the amendment is singular. But when we say “and its amendments,” it includes both meanings: plural and singular. This phrase is more precise, thank you.

On Oversight of Free Zones:

Dr. Hisham Muhammad Fawzi (Legal Advisor to the Council):

It is agreed that criminal matters apply to free zones, so anyone who commits a crime such as murder, theft, or forgery is subject to federal laws. This law is derived from the Penal Code, where a provision in the Penal Code dealt with product fraud. As a result, it is subject to exceptional oversight.

Article (13):

“Anyone who attempts to commit the crime of commercial fraud shall be punished with imprisonment for a term not exceeding one year and a fine of no less than ten thousand dirhams and not more than one hundred thousand dirhams, or by either of these two penalties.”

His Excellency Ahmed Ali Al-Zaabi:

The definition of an attempt is not specified, which may cause an issue. A comprehensive definition of attempting commercial fraud or providing service in such cases should be included.

Dr. Hisham Muhammad Fawzi (Legal Advisor to the Council):

The attempt is defined in the Penal Code as starting to execute an act with the intent to commit a felony or misdemeanor if it is stopped or its effect fails. All laws do not define the attempt because the attempt is included in the Penal Code, and mentioning the attempt in this law is sufficient.

Article (15) as submitted by the Government:

“Anyone who possesses, with the intention of trading, adulterated, spoiled, or counterfeit goods, knowing their adulteration, spoilage, or counterfeit nature, shall be punished with imprisonment for a term not exceeding one year and a fine of no less than thirty thousand dirhams and not more than one hundred and fifty thousand dirhams, or by either of these two penalties.”

This Article has been deleted:

There is no need to reduce the penalty for possession with the intention of trading. Deletion will subject this case to similar cases considered as commercial fraud, and thus it will be subject to the more severe penalties stipulated in Articles (12) and (14).

His Excellency Sultan Juma Al Shamsi:

I suggest keeping this penalty so that the judge has the authority to choose between the severe and the lenient penalty.

Dr. Hisham Muhammad Fawzi (Legal Advisor to the Council):

According to the Penal Code, there is a principal perpetrator and an accomplice, both of whom are punished with the penalty of the principal perpetrator without the need for additional texts. The acts are criminalized according to what is stated in the law, thank you.

Article (17):

“In the case of conviction for a crime specified in Article (14) of this law, the court must, in addition to the prescribed penalty, order the confiscation or destruction of the food, drugs, crops, products, and tools used. The court may order the publication of the judgment at the convict’s expense in two local daily newspapers, one of which is in Arabic.”

His Excellency the President:

Does the Council approve this article as amended by the committee?

(Approved)

Source:
https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/41abf86d-4eba-4d81-9cf0-f65285ef6270.pdf

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The participation of Legal Advisor Dr. Hisham Fawzi in the Federal Law Draft on National and Reserve Service in the UAE

H&Z Law — Mon, 03 Jun 2024 13:36:43 +0000

Federal Law Draft on National and Reserve Service

Excellency, the Rapporteur:

Article Three

“New articles numbered 42 bis, 54 bis, and 44 bis are added to Federal Law No. 11 of 1992, which read as follows:

Article 42 bis

A “Case Management Office” shall be established by a decision from the Minister of Justice or the head of the local judicial authority, each according to their jurisdiction, at the headquarters of the competent court, and the decision will define the office’s operating system.

The Case Management Office shall be composed of a head and a sufficient number of court employees, both legal and non-legal, under the supervision of the head of the competent court.

The Case Management Office is tasked with preparing and managing the case, including registering it, notifying parties, and exchanging memoranda and documents, as well as expert reports between the parties.

The competent judge may fine the delaying party as stipulated in Article 41 of this law.

If the case includes a formal objection by one of the parties, an urgent request, a request to add a party not originally addressed in the case, or if the defendant fails to appear after being duly notified, or if the proceedings are interrupted by law due to the death of one of the parties, loss of legal capacity, or the removal of the representative who was handling the case, the Case Management Office shall refer the case to the competent judge after setting a session to decide on any of these matters. The judge may then return the case to the Case Management Office to complete the necessary preparations for the case as appropriate.”

No amendments.

Excellency, the President:

Now, we move to the two articles that were postponed. Mr. Ahmed, please proceed.

Excellency / Ahmed Ali Al Zaabi:

The two articles are with the esteemed advisor, Your Excellency.

Excellency, the President:

Please proceed, esteemed advisor.

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Regarding Article 3/152, we agreed to keep the committee’s opinion as it is, so the article remains unchanged: “The judgment shall be announced according to the procedures stipulated in Article 4 of this law,” and we delete the phrase “and the period shall run for those notified of the judgment.” Thank you.

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

In Article 155, the idea is that we have improved the method of notifying the case according to Article 4. We made the notification primarily to the residence, then to the place of residence, then to the place of work, and as a last resort to any human. If none of these are available or if delivery is refused or impossible, the notification shall be made via email, fax, or registered mail. If these methods are not available, other methods shall be used. Article 4 clarified the idea of posting or publishing the notification, posting at the last known residence, or publishing. This is the general rule in Article 4. The remaining issue in Article 155 is the notification of the appeal. We referred it and decided that the notification shall be according to Article 4 because if we improved the way of notifying the case, what’s the use if you get a judgment and cannot enforce it? Will you just frame it? You want to enforce a judgment for a million dirhams, so the successful handling by the committee and the government was excellent. The remaining issue is how to handle the problem of notifying the appeal. We referred it to Article 4: “The appeal shall be notified according to the procedures stipulated in Article 4 of this law.” This is the general appeal for all individuals, this is clause 1.

Clause 2: Let’s assume you notified the plaintiff or the appellant; they should have provided their address in the lawsuit or the appeal document. The government’s request, which we agreed upon and hope the council agrees, is that we first refer not to Article 4, which governs all cases except these, but to the address stated in the lawsuit or the appeal document. If not found, then refer to Article 4. This is the wording I will read, Your Excellency.

“2. If the respondent is the plaintiff or the appellant and has not specified an address in the initial lawsuit document or the appeal document, and this information is not clear from other documents in the case, the appeal shall be notified according to the procedures stipulated in Article 4 of this law.”

Therefore, Article 4 is a fallback, but the original reference is to the address. This is very good. Thank you.

Excellency, the President:

Thank you. Now, does the council and the minister agree on this amendment?

(Agreed)

Source:

https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/1ab2dcb1-a08a-4603-8ec0-70f81cbd7de3.pdf

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Enhancements in the Tourism Sector: Boosting Egypt’s Appeal to Global Tourists

H&Z Law — Mon, 03 Jun 2024 13:36:05 +0000

Introduction

Tourism is a cornerstone of the Egyptian economy, significantly contributing to job creation and revenue generation. In recent years, Egypt has implemented a series of enhancements in the tourism sector aimed at boosting its appeal as a global tourist destination. These improvements encompass infrastructure development, enhanced tourist services, increased security, and promoting unique tourist sites. This article examines the key enhancements made in the tourism sector and how they contribute to attracting more visitors to Egypt.

Infrastructure Development

Modernizing Airports:
- Egypt’s main airports have undergone modernization and expansion to increase their capacity and improve services. For instance, Cairo International Airport and Sharm El Sheikh International Airport have been upgraded, enhancing the travel experience for tourists and increasing logistical efficiency.
Developing Transport Networks:
- The government has invested in developing land and maritime transport networks, including improving major roads and constructing new ones connecting tourist areas. These developments facilitate easier and more comfortable travel between cities and tourist sites, making travel more convenient for tourists.

Improving Tourist Services

Upgrading Hotels and Resorts:
- Programs have been implemented to renovate and upgrade hotels and resorts to ensure high-quality services that meet visitors’ expectations. These programs include improving accommodation standards, providing modern recreational and sports facilities, and ensuring excellent service delivery.
Training Tourism Sector Staff:
- Initiatives have been launched to train tourism sector staff to the highest professional standards. These initiatives offer training courses in hospitality, tour guiding, and customer service, ensuring a high-quality tourist experience.

Enhancing Security

Strengthening Security Measures:
- Security measures in tourist areas and archaeological sites have been strengthened to ensure visitor safety. These measures include increasing the number of security personnel, installing modern surveillance cameras, and enhancing cooperation with international security agencies.
Launching Rapid Response Systems:
- Rapid response systems for emergencies have been introduced at tourist sites, including trained emergency teams and medical facilities to provide immediate first aid when needed.

Promoting Tourist Sites

Global Promotional Campaigns:
- The Egyptian Ministry of Tourism has launched global promotional campaigns to highlight Egypt’s unique tourist sites. These campaigns include television and digital advertisements, participation in international tourism fairs, and partnerships with global travel companies.
Diversifying Tourism Products:
- Tourism products have been diversified to include adventure tourism, eco-tourism, cultural tourism, and leisure tourism. This diversity attracts different types of tourists seeking varied and unique experiences.

The enhancements in Egypt’s tourism sector are a crucial step towards boosting the country’s appeal as a global tourist destination. By developing infrastructure, improving tourist services, enhancing security, and effectively promoting tourist sites, Egypt aims to increase visitor numbers and achieve sustainable growth in the tourism sector. These enhancements not only attract more tourists but also enhance the sector’s ability to provide a memorable tourist experience, encouraging repeat visits and further exploration of Egypt’s rich history and beauty.

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Participation of Advisor Dr. Hisham Fawzi in the Federal Draft Law Regarding Quran Memorization Centers in the UAE

H&Z Law — Mon, 03 Jun 2024 13:21:22 +0000

Federal Draft Law Regarding Quran Memorization Centers

Honorable Rapporteur:

Article (14) as presented by the government:

“It is prohibited for the centers to undertake the following:

Collecting donations and alms, including zakat, for the purpose of spending them in the centers or disposing of them in any way.
Holding lectures, seminars, and religious lessons without obtaining approval from the relevant authority as appropriate.
Using the centers for purposes other than those designated.
Engaging in any activity that violates the provisions of this law.
Printing books and publications related to the centers’ activities without prior approval from the relevant authority.”

Committee Amendment: The article became Article (15) and states:

“It is prohibited for any center to undertake the following:

Collecting donations and alms, including zakat.”

Justification: The committee deleted the clause “for the purpose of spending them in the centers or disposing of them in any way” from this item to ensure the prohibition is comprehensive.

Honorable President:

Does the council agree on the first item as amended by the committee?

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

In truth, Honorable President, administrative penalties such as warning or alerting or cancellation are considered sufficient. We should not include fines here because there are other criminal penalties, which would result in multiple criminal penalties. Therefore, fines should be deleted here because other criminal penalties are stipulated elsewhere, and they cannot both be imposed together. Therefore, it was necessary to delete this in this case. Thank you.

Dr. Mohammed Matar Salem Al Kaabi (Chairman of the General Authority of Islamic Affairs and Endowments):

Honorable President, esteemed members, this matter is very important for the centers, and we have consulted legal experts who informed us that fines are considered administrative penalties and not criminal penalties requiring the procedures of prosecution and the public prosecution stipulated in the Code of Criminal Procedure. That is first. Secondly, for example, the Ministry of Labor imposes fines on violating establishments. The decision is ultimately up to you. Thank you.

Honorable President:

Please proceed, advisor.

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Honorable President, in truth, the council has a long-standing consistent opinion that fines are considered criminal penalties, shifting the burden of proof from the public prosecution to the defendant. This is not permissible, and it would enforce the decision even through physical coercion without awaiting a trial. There are many reasons we have explained for this matter. Thank you.

Honorable Rapporteur:

Item (2) as amended by the committee:

“2. The president has the right to suspend any licensed center that practices a violation or assign someone deemed suitable to manage it temporarily, or close any establishment practicing an activity subject to the provisions of this law without a license.”

Honorable President, should I read the justification? It is long.

Honorable President:

No need for that. Now, does the council and the government agree on this item as amended by the committee? The floor is open to Mr. Hamad Al Rahoumi.

Mr. Hamad Ahmed Al Rahoumi:

Honorable President, I believe the correct phrasing is “and assign” not “or assign”. Thank you.

Honorable President:

Yes, it is not a matter of choice, so it should be “and assign” not “or assign”. Does the council and the government agree on this item as amended? Please proceed, advisor.

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Honorable President, in truth, the correct phrasing is “or assign” not “and assign”. The clause states: “The president has the right to suspend any licensed center that practices a violation or assign someone deemed suitable to manage it temporarily…”. Thus, the president has the right to either suspend the center temporarily or assign someone else to manage the center temporarily. It is a matter of choice in this case. Thank you.

Honorable Rapporteur:

Penalties

Article (18) as presented by the government:

“The imposition of penalties stipulated in this law does not preclude any more severe penalties prescribed by any other law, nor does the imposition of any disciplinary sanctions stipulated in this law prevent the imposition of the penalties stipulated in this law or any other law when necessary.

Anyone who practices any of the activities stipulated in this law without a license or permit shall be punished by imprisonment for a period of no less than two months and a fine not exceeding fifty thousand dirhams or either of these penalties.”

Committee Amendment: The article became Article (19) and was divided into two clauses, stating:

“1. Anyone who practices any of the activities stipulated in this law without a license or permit shall be punished by imprisonment for a period of no less than two months and a fine not exceeding fifty thousand dirhams or either of these penalties.

The imposition of penalties stipulated in this law does not preclude any more severe penalties prescribed by any other law.”

Justification: The article was divided into two clauses to facilitate understanding.

The penalty was placed in the first clause, while the non-preclusion of any more severe penalties was placed in the second clause.

The deleted phrase, “nor does the imposition of any disciplinary sanctions stipulated in this law prevent the imposition of the penalties stipulated in this law or any other law when necessary”, was removed because it is unnecessary, as it is a basic principle assumed in all laws that disciplinary sanctions do not substitute for the imposition of criminal penalties for the same act.

Honorable President:

Does the council and the government agree on this article as amended by the committee? The floor is open to the Chairman of the Authority.

Dr. Mohammed Matar Salem Al Kaabi (Chairman of the General Authority of Islamic Affairs and Endowments):

Honorable President, if possible, I propose adding the following phrase: “…and the relevant authority may refer serious violations to the public prosecution for investigation,” if you find it appropriate. Thank you.

Honorable President:

Please read the proposed text slowly.

Dr. Mohammed Matar Salem Al Kaabi (Chairman of the General Authority of Islamic Affairs and Endowments):

The proposed addition is: “…and the relevant authority may refer serious violations to the public prosecution for investigation.” Thank you.

Honorable President:

Please proceed, advisor.

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Honorable President, this addition is not legally necessary because a criminal violation must be referred to the public prosecution. However, this addition implies discretion, and this matter is not discretionary but mandatory; any criminal violation must be referred to the public prosecution. If someone teaches without a license or establishes a center without a license, it becomes mandatory to refer the case to the public prosecution. Additionally, there are judicial officers whose job is to document the violation. Thank you.

Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Honorable President, the solution is very simple and is found in the following article, which states: “Employees designated by a decision from the Minister of Justice in agreement with the president shall have the status of judicial officers to document what occurs in violation of the provisions of this law and the regulations issued pursuant thereto, within their jurisdiction.” This is a well-established principle in the state that judicial officers are responsible for detecting and reporting crimes. We cannot state in a specific law that serious violations are reported, as any criminal violation, serious or minor, must be reported. Judicial officers are responsible for this, and failure to do so makes them accountable to the public prosecution. Thank you.

Honorable President:

So, judicial officers perform this task within the framework of the law. Now, does the council and the government agree on this article as amended by the committee?

(Approved)

https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/f2675177-eb84-4677-9ab1-07fb554929b4.pdf

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Participation of Advisor Dr. Hisham Fawzi in the Draft Law Regarding the Exploitation, Protection, and Development of Living Aquatic Resources in the United Arab Emirates

H&Z Law — Mon, 03 Jun 2024 12:49:04 +0000

Federal Draft Law Amending Federal Law No. (23) of 1999 on the Exploitation, Protection, and Development of Living Aquatic Resources in the United Arab Emirates

Honorable Secretary:

Newly introduced clause (2) by the committee states: “2. Erecting barriers in fishing waters that alter the pattern of water currents or obstruct the movement of aquatic life, or filling or dredging the seabed or shores, or removing, exploiting, or dredging marine grasses, except with a license necessitated by the public interest issued by the competent authority in coordination with the ministry.”

Honorable President:

Please proceed, Mr. Advisor.

Mr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Honorable President, regarding the first paragraph which states: “… any materials or methods specified by the executive regulation,” there is an existing original article in the law, which is Article (23), addressing this matter. It states: “Fishing is prohibited using absolutely banned fishing tools or equipment, or using tools or equipment prohibited at certain times or in specific areas, or according to specific specifications, or for certain types of living aquatic resources. The executive regulation specifies the tools and equipment used in fishing, and the tools and equipment that are restricted or prohibited from use.” Therefore, this is already covered under Article (23), making the addition unnecessary. Hence, as proposed by the committee, it is better to avoid redundancy. Thank you.

Honorable President:

So, Honorable Minister, this is already included in Article (23) of the same law, making it unnecessary here. Please proceed with the second clause, Mr. Advisor.

Mr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Regarding the second clause newly introduced by the committee, this clause addresses fishing waters. According to the definition, fishing waters include territorial waters, which may extend up to (211) miles from the coast. Thus, it pertains to all waters, not just the coast. Thank you.

Honorable President:

Please proceed, Honorable Minister.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

Honorable President, I disagree with the advisor because this clause specifies the prohibited actions. The clause specifically names nylon material, and we argue that other materials or methods may need to be prohibited in the future. Therefore, we should not close the door because this is a law. If we only ban nylon and someone uses a new material that is not nylon, they could argue that they are not violating the law. Why restrict it unnecessarily?

Honorable President:

Therefore, we keep the proposed addition by the Honorable Minister, which is: “… or any other materials or methods specified by the executive regulation or by a decision of the ministry.” … The phrasing is important, Honorable Minister. Please read it to us again. Proceed.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

The proposed phrasing as mentioned before: “… or any materials or fishing methods specified by a decision of the ministry” because these matters are subject to change. Thank you.

Honorable President:

Please proceed, Mr. Advisor.

Mr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

The article I mentioned, Honorable President, which is Article (23) of this law, states: “… and the tools and equipment that are restricted or prohibited from use …

Honorable President:

No, no, we are now discussing Article (26) regarding the first clause. Let’s focus a bit. The first clause states: “The following is prohibited: fishing using bottom trawling nets or fixed bottom nets, or using lights, or using nets made of nylon material,” and the Honorable Minister added at the end of the clause: “… or any other materials or fishing methods specified by a decision of the ministry.” Does the council agree with this proposal? Mr. Sultan Al Shamsi, you have the floor.

Sultan Jumaa Al Shamsi:

Honorable President, it should be specified by a decision or by the executive regulation. Also, Honorable President, it should include both methods and equipment because it is possible that the nets themselves might be made of a non-prohibited material, but the method used for fishing is prohibited. Therefore, it is important to emphasize both the method and the equipment. Thank you.

Honorable President:

The intent is methods or materials. Proceed, Honorable Minister.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

It is important to mention “or any methods or materials.” Thank you.

Honorable President:

Please proceed, Mr. Advisor.

Mr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

Regarding the second clause provided by the government, which states: “The executive regulation specifies the methods, specifications, and controls for fishing tools and equipment and the necessary licenses for them,” it was deleted by the committee because it is covered under Article (23) of this law. With the amendment of the first clause and also not deleting this clause and the existence of Article (23), it would seem like we are repeating the same meaning perhaps three times. Thank you.

Honorable President:

Please proceed, Honorable Minister.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

Honorable President, Article (23) discusses equipment, and here we are talking about methods and materials, so there is no problem with that.

Honorable President:

No problem, Honorable Minister. We will add to the first clause both methods and equipment. Please proceed, Mr. Advisor.

Mr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

In this case, we add only methods, Honorable President, and leave the other article for equipment and tools. Thank you.

Honorable President:

Proceed, Honorable Minister.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

We proposed “methods or materials.” Thank you.

Honorable President:

So, does the council agree on the first clause as proposed by the Honorable Minister?

(Agreed)

Honorable President:

And now does the council agree on the second newly introduced clause by the committee? Please proceed, Honorable Minister.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

What I mentioned applies to the first clause. As for the second newly introduced clause by the committee…

Honorable President:

In fact, regarding the second newly introduced clause, the members insist on it. Proceed.

Dr. Rashid Ahmed bin Fahd (Minister of Environment and Water):

If the members insist on it, we propose an amendment to remove the ambiguity. We suggest adding at the end of the clause the phrase “… in accordance with the relevant regulatory legislation.” This is to clarify that there are existing regulatory legislations. For example, Law (24) addresses the environmental impact of any project anywhere in the country, whether on an island, on land, or at the coast. Therefore, we propose – if the council insists on keeping this clause, which we believe is unnecessary – to add the phrase I mentioned at the end of the clause, “… in accordance with the relevant regulatory legislation.” Thank you.

Honorable President:

Mr. Rashid Al Shreiki, the Honorable Minister now proposes adding a phrase at the end of the newly introduced clause so it would read: “… except with a license necessitated by the public interest issued by the competent authority in coordination with the ministry, and in accordance with the relevant regulatory legislation.” Please proceed.

Rashid Mohammed Al Shreiki:

Honorable President, doesn’t the Honorable Minister think that this could create confusion regarding which law prevails? Is it the Environmental Protection Law or the current law which specifically protects living aquatic resources? Thus, this specific law might restrict the general provisions of the Environmental Protection Law, causing confusion. However, if the council believes that this addition will not cause confusion, I personally have no issue with it. Thank you.

Honorable President:

Mr. Advisor, will there be any confusion if we add the phrase proposed by the Honorable Minister?

Mr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

In fact, if the word “license” is understood to comply with the relevant regulatory legislation, it means we are talking about the license, so there is no problem with that. I believe the phrase becomes correct: “… except with a license necessitated by the public interest issued by the competent authority in coordination with the ministry, in accordance with the relevant regulatory legislation.” Here, the phrase does not talk about barriers but about the license, meaning when issuing a license, it should comply with other legislations. So there is no harm in that. Thank you.

Honorable President:

So, does the council agree on this clause as amended?

(Agreed)

https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/f2675177-eb84-4677-9ab1-07fb554929b4.pdf

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Dr. Hisham Fawzi’s Participation in Recommendations on Emiratisation in the Government and Private Sectors in the UAE

H&Z Law — Mon, 03 Jun 2024 12:35:41 +0000

Recommendations on Emiratization in the Government and Private Sectors

Honorable / Musabah Saeed Al Ketbi (Committee Chair)

Addressing the wage gap, which constitutes a major obstacle to employing citizens in the private sector.
Developing incentivizing initiatives, financial and service facilities to encourage citizens to invest in medium and small projects, with these projects prioritized strategically in government policies.
Directing federal ministries and entities to include financial allocations in their annual budgets for implementing Emiratization policies, plans, and programs in coordination with the Ministry of Finance.
Mandating all federal government entities to integrate with the “Bayanati” system of the Federal Authority for Human Resources.
Reviewing the pension law and amending provisions related to benefits granted to employees in the private sector compared to the federal and local government sectors, aiming to bridge the gap in pension benefits between the two sectors.
Providing material and moral incentives to private sector establishments committed to Emiratization decisions.

Honorable President:

Are there any comments on these six recommendations?

Honorable / Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

There is no issue from the financial free zones as they are already subject to Emiratization and others. There are only two zones, one in Dubai (DIFC) and a new one in Abu Dhabi. The original problem is with the industrial free zones, so this matter needs a constitutional amendment to remove the word “financial” and subject all zones to federal jurisdiction.

Honorable President:

So, brothers, as the Honorable Advisor mentioned, instead of the word “amendment,” it should be “implementation” because this is subject to federal legislation, thus not accommodating citizens there. Does the council agree to replace “amendment” with “implementation”? Because the zones are already under federal authority…

Honorable / Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

The issue, Your Excellency, is that we have two zones, one financial and this is a federal matter, and the other industrial or non-financial, which is a local matter. Therefore, to issue recommendations for non-financial zones requires a constitutional amendment. So, if your concern is only about financial zones, there is no issue originally. The committee’s intent is regarding non-financial zones, which are a local matter, but we can phrase it as “taking necessary actions to subject all free zones to Emiratization policies and plans,” leaving the necessary actions in a general format, including constitutional amendment and so forth.

Honorable President:

What wording do you suggest, Honorable Advisor?

Honorable / Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

“Taking necessary actions to subject all free zones to Emiratization policies and plans.”

Honorable President:

What does the council think of this statement? This encompasses all, financial and non-financial zones, and you are interested in non-financial zones again, Honorable Advisor.

Honorable / Dr. Hisham Mohammed Fawzi (Legal Advisor to the Council):

“Taking necessary actions to subject all free zones to Emiratization policies and plans.”

Honorable President:

Does the council agree to this amendment?

(Agreed)

https://almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/4931b254-db04-40f0-819f-3a9419597cb7.pdf

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Dr. Hisham Fawzi’s Participation in the Federal Draft Law on the Establishment of the Federal Customs Authority in the UAE

H&Z Law — Mon, 03 Jun 2024 08:14:13 +0000

Proposal for a Federal Law Establishing the Federal Customs Authority

Chairman “In proxy”:

Original text:

.9 Managing and operating the customs departments at the state’s entry points if any of them request it.

Without modification and now numbered 10.

Honorable President:

Does the Council approve this paragraph? Please, Your Excellency Minister.

His Excellency / Obaid Humaid Al Tayer: (Minister of State for Financial Affairs – Chairman of the Board of the Federal Customs Authority)

Thank you, Your Excellency President, for clarifying to His Excellency Member Khalifa Al Suwaidi, we agree to use the competent authorities, but it has not been defined in the introduction…

Honorable President:

Please, the rapporteur.

Honorable / Ahmed Obaid Al Mansouri: (Committee rapporteur “in proxy”)

I did not hear for the intervention, Your Excellency President.

Honorable President:

Please, Your Excellency Minister.

His Excellency / Obaid Humaid Al Tayer: (Minister of State for Financial Affairs – Chairman of the Board of the Federal Customs Authority)

As for the competent authorities, we have no problem mentioning the competent authorities and unifying them as competent authorities, but if your esteemed council sees the need to define them, we have no objection or they can be implicitly known as competent authorities, this is for clarification, thank you.

Honorable President:

Please, the rapporteur.

Honorable / Ahmed Obaid Al Mansouri: (Committee rapporteur “in proxy”)

If the Council deems it appropriate, there is no objection.

Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Your Excellency President, basically we need a definition when there are federal competent authorities and local concerned authorities, but in this law we have only one competent authority and thus there is no ambiguity, and in the committee we thought of putting the definition but ended up not needing it because there is no duplication, meaning there is no federal authority called a competent authority or a local authority, but if there is an inclination from the council to define it, the definition mentioned by His Excellency the Minister is excellent and there is no problem with it, thank you.

Chairman “In proxy”:

Original text:

.13 Establishing and implementing a centralized mechanism in coordination with governmental departments for collecting and distributing customs duties with Gulf Cooperation Council countries in accordance with the applicable laws and treaties in this regard.

Committee amendment:

.14 Establishing, adopting, and implementing a centralized mechanism in coordination with governmental departments for collecting and distributing customs duties with Gulf Cooperation Council countries in accordance with the applicable laws and treaties in this regard.

Rationale: To emphasize finality.

Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Chairman “In proxy”:

” .6 Appointing employees of the authority from special, first, experts, and consultants according to the effective regulations of the authority “.

Without modification.

Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Your Excellency President, the essence of the saying in this matter is that the human resources law list is just a list issued by a decision of the cabinet as a desire to unify these authorities, and in front of me on the screen (25) federal authorities like the General Civil Aviation Authority, Emirates Real Estate Corporation, Federal Authority for Pensions and Social Insurance, Federal Customs Authority, and others, all of these are subject to the human resources law list to have a unified system without differences in salaries, systems, and so on. We know the existence of this list, but it is just a list and not a law, and when we came to discuss this law, we thought to leave this text to give some distinction to the authority in matters stipulated by the law including the issue of appointment, but unless there is no text in the law – of course – it will be subject to the human resources law list because the law can contradict the list but the list cannot contradict the law, so now we have two options: either to give the authority distinction in terms of appointments and the text remains as stated by the government, or if we say according to the systems applied in the authority of human resources or according to the human resources law list, when we returned to this list we found that it stipulates the appointment of the general manager and executive director, and gave the authority to determine a schedule with powers in other positions, so if we said appointment according to the schedule or according to the authority’s system, perhaps the authority’s system would contradict this text and give – for example – the power to the executive director, and in this case there would be a contradiction, and I would like to point out here that there is no constitutional violation in either of the two options, so it is permissible to take either of the two options, meaning that it is permissible to give the authority distinction or to make it like the rest of the independent authorities, so the vote will be either to delete the clause completely or to remain as stated by the government without modification, but modifying it to be in accordance with the human resources law list would have a contradiction because if the minister was given this authority and the human resources authority did not give it to the head of the authority, this would be a contradiction, so the solution is to vote on deleting the clause or leaving it as stated by the government without modification, thank you.

Honorable President:

Gave the authority to the council, and here the head of the authority replaces the council, let us see the proposed text by the brother consultant, please.

Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

In fact, there is a very simple text that could be a solution to this issue, which is found in defining the council, the beginning of Article (151) states: “The council issues tables of powers and administrative responsibilities related to this regulation,” so what is the definition of the council?…

Honorable President:

Do you mean the council regarding the independent authorities? Please.

Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

Yes, Your Excellency President, the council regarding the (35) independent authorities, so the definition of the council is “the council: the board of directors or the board of trustees of the federal entity or their representatives,” and therefore here we will consider the head of the authority as representing the council because this is the first authority in the history of the state that does not have a council but has a president, and with this interpretation, we can extract the powers and there will be no problem, I do not see a clear legal problem in it, thank you.

Honorable President:

Therefore, the proposal submitted by the members that the text of this clause should be as follows: “Appointing employees of the authority from special, first, experts, and consultants according to the human resources law list applicable in the independent federal authorities in the government” is correct? Please.

Professor / Dr. Hisham Mohamed Fawzi: (Legal Advisor to the Council)

I prefer that the text be limited to the appointment until the word “and consultants” because the phrase “according to the human resources law list…” might contradict the list for any reason, and thus there may be a violation, and the truth is that we can leave this phrase on the basis that if the interpretation is that the head of the authority is meant “or their representatives,” if the Minister does not object that the head of the authority represents the council in this authority because this is the first authority in the state that does not have a council but has a president, there is no problem with that, and thank you.

https://www.almajles.gov.ae/Pages/download.aspx?FileUrl=FncEparURL/ed37ad31-e410-4273-a351-0eef87ea13c8.pdf

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