Constitution of the United Arab Emirates/Amendments

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ANNOUNCEMENTS, AMENDMENTS AND DECISIONS RELATED TO THE UAE CONSTITUTION ANNOUNCEMENT
PUTTING INTO OPERATION THE PROVISIONS OF THE UAE TEMPORARY

We, the rulers of Abu Dhabi, Dubai, Sharjah, Ajman, Umm Al-Quwain, and Fujairah,

Having perused Article (152) of the UAE temporary constitution which we signed in Dubai on 25 Jumadi Al-Awal 1391 (Islamic calendar) corresponding to the 18th day of July 1971,

ANNOUNCE AS FOLLOWS:

There is hereby put into operation the provisions of the UAE temporary constitution referred to above as of the date this Announcement is issued.

Issued at Dubai on the 15th day of Shawal 1391 (I.C.) corresponding to the 2nd day of December 1971.

Signatures:

Ruler of Abu Dhabi Emirate
Zayed Bin Sultan Al Nhayan
Ruler of Dubai Emirate
Rashid Bin Saeed Al Maktoum
Ruler of Sharjah Emirate
Kaled Bin Mohamed Al Qasimi
For ruler of Ajman Emirate
Humaid Bin Rashid Al Nuaimi
For ruler of Umm AI Quwain Emirate
Rashid Bin Ahmed Al Mualla
Ruler of Fujairah Emirate
Mohmmed Bin Hamad Al Sharqi

CONSTITUTIONAL AMENDMENT 1/1972

THE FEDERAL SUPREME COUNCIL

Having perused the UAE Temporary Constitution, and

Based on the memorandum submitted by the Prime Minister of the UAE, and
The approval of the Council of Ministers,


DECIDED AS FOLLOWS:

Article (1)

There is hereby added a paragraph at the end of Article (1) of the UAE Temporary Constitution providing as follows: “Where a new member accedes to the UAE, the Federal Supreme Council determines the number of the seats allocated to that member in the Federal National Council in excess of the seats specified in Article (68) of this Constitution.”

Article (2)

This constitutional amendment shall be put into operation from the date it is issued and shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates

Issued at the Presidency Palace in Abu Dhabi
on 10 February 1972

EXPLANATORY NOTE RELATING TO THE AMENDMENT OF ARTICLE (1) OF THE UAE TEMPORARY CONSTITUTION

According to Article (1) of the UAE Temporary Constitution, any other independent Arab state may, subject to the unanimous approval of the Federal Supreme Council, accede to the UAE. As admitting the accession of a new member to the UAE requires the allocation of a number of seats to that member in the Federal National Council whose organizational structure is provided in Article (68) of the Temporary Constitution, the provision of Article (1) must be amended to meet the case where a new state accedes to the UAE. Therefore, Article (1) is amended by adding a paragraph at its end providing as follows:

“When admitting a new member to the UAE, the Federal Supreme Council determines the number of seats to be allocated to that member in the Federal National Council (FNC) in excess of the number provided in Article 68 of the Constitution.”

This amendment is introduced by virtue of paragraph (2) of Article (144) of the Constitution on the grounds that it is required by the high interests of the UAE.


Maktum bin Rashid Al-Maktum
President, UAE Council of Ministers

INSTRUMENT ANNOUNCING THE ACCESSION OF RAS AL-KHAIMAH TO THE UAE

We, Saqr Bin Mohamed Al-Qassemi, the Ruler of Ras Al-Khaimah and its appurtenances, perused the UAEcTemporary Constitution and examined the provisions,objectives and goals of the UAE.

Establishing the unity of the Arab emirates has been onecof our great desires and we have been strongly determinedcto achieve this objective to advance our country andcpeople. Though, for certain circumstances, we could notcparticipate in signing the temporary constitution and the announcement putting its provisions into operation, our will has met with that of our people to accede to the UAE State because we believe in its objectives and goals. Therefore, we, witnessed by Allah the most supreme and the almighty, announce to all the people that our emirate accepts to accede to the UAE, consents to its temporary constitution signed by the rulers of the emirates of Abu Dhabi, Dubai, Sharja, Ajman, Umm Al-Quwain, and Fujairah on the 25th day of Jumadi Al-Awal of the year 1391 (Islamic Calendar) corresponding to the 18th day of July 1971, and shall apply the provisions of that constitution.

May Allah, the best Protector and Defender, grant us success.

Saqr bin Mohamed Al-Qassemi
Ruler, Ras Al-Khaimah and its appurtenances

Issued at Ras Al-Khaimah Emirate on 10 February 1972

FEDERAL SUPREME COUNCIL DECISION 2/1972

The Federal Supreme Council,

Having perused the provisions of-

• Article (1) of the UAE Temporary Constitution; and
• The letter of the Ruler of Ras Al-Khaimah Emirate

and its appurtenances no 225/71 of 23 December 1971 in which he expressed the Emirate’s will to accede to the UAE State; and

Responding to the national wishes of the sister emirate to accede to the UAE to contribute to achieving its objectives,

DECIDED AS FOLLOWS:

Article (1)

The Federal Supreme Council unanimously agrees to the accession of Ras Al-Khaimah Emirate and its appurtenances to the UAE State.

Article (2)

The President of the UAE shall notify this decision to His Highness the Ruler of Ras Al-Khaimah Emirate and its appurtenances.

Article (3)

This Decision shall take effect from the date it is issued.

The Foreign Minister shall take the necessary procedures to notify the Arab and international states and organizations of this Decision.

Article (4)

This Decision shall be published in the Official Gazette.

Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates


Rashid bin Said Al-Maktum
Vice President, United Arab Emirates


Sultan bin Mohamed Al-Qassemi
Ruler, Sharjah Emirate


Hamid bin Rashid Al-Neimi
For/ the Ruler of Ajman Emirate


Rashid bin Ahmed Al-Mealla
For/ the Ruler of Umm Al-Quwain


Mohamed bin Hamad Al-Sharqi
Ruler, Fujaira Emirate


Issued at the Presidency Palace in Abu Dhabi on 10 February 1972

FEDERAL SUPREME COUNCIL
DECISION 3/1972

The Federal Supreme Council,

Having perused-

• The provisions of Articles (1) and (68) of the UAE Temporary Constitution; and
• The Federal Supreme Council’s Decision assenting to the accession of Ras Al-Khaimah Emirate and its appurtenances to the UAE State,


DECIDED AS FOLLOWS:

Article (1)

The number of seats of the Federal National Council, specified in Article (68) of the Temporary Constitution, is hereby increased by six seats allocated to Ras Al-Khaimah Emirate and its appurtenances.

Article (2)

His Highness, the President of the UAE, shall notify this Decision to His Highness the Ruler of Ras Al-Khaimah and its appurtenances to select the citizens representing the Emirate in the Federal National Council.

Article (3)

This Decision shall take effect from the date it is issued and shall be published in the Official Gazette.

Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates


Rashid bin Said Al-Maktum
Vice President, United Arab Emirates


Sultan bin Mohamed Al-Qassemi
Ruler, Sharjah Emirate


Hamid bin Rashid Al-Neimi
For/ the Ruler of Ajman Emirate


Rashid bin Ahmed Al-Mealla
For/ the Ruler of Umm Al-Quwain


Mohamed bin Hamad Al-Sharqi
Ruler, Fujaira Emirate


Issued at the Presidency Palace in Abu Dhabi on 10 February 1972

CONSTITUTIONAL AMENDMENT 1/1976

The Federal Supreme Council,

Having perused-

• The UAE Temporary Constitution which took effect on the 15th of Shawal of the year 1391 (Islamic Calendar) corresponding to the 2nd of December 1971; and

• The Decision of the Supreme Defense Council of the year 1976 concerning the unification of the armed forces in the UAE State; and

Seeking to achieve the high interests of the State,

DECIDED AS FOLLOWS:

Article (1)

There is hereby repealed the provision of Article (142) of the UAE Temporary Constitution and, instead, the State alone shall have the right to establish land, sea and air forces.

Article (2)

This constitutional amendment shall take effect from the date it is issued and shall be published in the Official Gazette.

Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates
Ruler, Abu Dhabi Emirate


Rashid bin Said Al-Maktum
Vice President, United Arab Emirates
Ruler, Dubai Emirate


Sultan bin Mohamed Al-Qassemi
Ruler, Sharjah Emirate


Saqar bin Mohamed Al-Qassemi
Ruler, Ras Al-Khaimah


Rashid bin Hamid Al-Neimi
he Ruler of Ajman Emirate


Mohamed bin Hamad Al-Sharqi
Ruler, Fujaira Emirate


Rashid bin Ahmed Al-Mealla
For/ the Ruler of Umm Al-Quwain


Issued at the Presidency Palace in Abu Dhabi on 28 November 1976

CONSTITUTIONAL AMENDMENT 2/1976

The Federal Supreme Council,

Having perused the provisions of Article (144) of the UAE Temporary Constitution, and

Based on the memorandum submitted by the Prime Minister and the assent of the Federal National Council,


DECIDED AS FOLLOWS:

Article (1)

There is hereby extended the transitional period specified in the first paragraph of Article (144) of the Temporary Constitution for an additional term of five years commencing on the second day of December 1976.

Article (2)

This constitutional amendment shall take effect from the date it is issued and shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates
Ruler, Abu Dhabi Emirate

Issued at the Presidency Palace in Abu Dhabi on 28 November 1976.

DECISION OF THE FEDERAL SUPREME COUNCIL 2/1981
PROMULGATING CONSTITUTIONAL AMENDMENT 1/1981
EXTENDING THE TERM OF APPLYING THE PROVISIONS OF THE TEMPORARY CONSTITUTION

The Federal Supreme Council,

Having perused-

• Article (144) of the UAE Temporary Constitution; and
• The Constitutional Amendment 2/1976 extending

the term of the transitional period during which the provisions of this Constitution apply for a term of five years commencing on the 2nd day of December 1976; and

Based on the decision of the Federal Supreme Council and the assent of the Federal National Council,


DECIDED AS FOLLOWS:

Article (1)

There is hereby extended the transitional period provided in Article (144) of the Temporary Constitution for an additional term of five years commencing on the second day of December 1981.

Article (2)

This constitutional amendment shall be published in the Official Gazette.

Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates

Issued at the Presidency Palace in Abu Dhabi on 7 November 1981.

DECISION OF THE FEDERAL SUPREME COUNCIL 1/1986
RELATING TO THE CONSTITUTIONAL AMENDMENT EXTENDING THE TERM OF APPLYING THE PROVISIONS OF THE TEMPORARY CONSTITUTION

The Federal Supreme Council,

Having perused-

• Article (144) of the UAE Temporary Constitution; and
• The Constitutional Amendment 1/1981 extending the term of the transitional period during which the provisions of this Constitution apply for a term of five years commencing on the 2nd day of December 1981; and

Based on the memorandum of the Council of Ministers and the ratification by the Federal Supreme Council,


DECIDED AS FOLLOWS:

Article (1)

There is hereby extended the transitional period provided in Article (144) of the Temporary Constitution for an additional term of five years commencing on the second day of December 1986.

Article (2)

This constitutional amendment shall be published in the Official Gazette.

Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates


Issued at the Presidency Palace in Abu Dhabi on 15 October 1986.

DECISION OF THE FEDERAL SUPREME COUNCIL 1/1991
RELATING TO THE CONSTITUTIONAL AMENDMENT 1/1991
EXTENDING THE TERM OF APPLYING THE PROVISIONS OF THE TEMPORARY CONSTITUTION

The Federal Supreme Council,

Having perused-

• Article (144) of the UAE Temporary Constitution; and
• The Constitutional Amendment 1/1986 extending the term of the transitional period during which the provisions of this Constitution apply for a term of five years commencing on the 2nd day of December 1986; and

Based on the decision of the Federal Supreme Council,


DECIDED AS FOLLOWS:

Article (1)

There is hereby extended the transitional period provided in Article (144) of the Temporary Constitution for an additional term of five years commencing on the second day of December 1991.

Article (2)

This constitutional amendment shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates

Issued at the Presidency Palace in Abu Dhabi on 28 October 1991.

DECISION OF THE FEDERAL SUPREME COUNCIL 3/1991
FORMING A COMMITTEE FOR EXAMINING THE UAE TEMPORARY CONSTITUTION


The Federal Supreme Constitution,

Having perused the UAE Temporary Constitution


DECIDED AS FOLLOWS:

Article (1)

There is hereby assigned His Highness Sheikh Hamdan bin Rashid Al-Maktum, the Minister of Finance and Industry, to chair a committee comprising representatives of all the emirates member of the UAE. Each emirate shall nominate its representative in that committee.

Article (2)

The function of the Committee is to examine the UAE Temporary Constitution.

Article (3)

The Committee shall submit the results of its activities to the Federal Supreme Council.

Article (4)

This Decision shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates


Issued at Al-Musharraf Palace in Abu Dhabi on 28 October 1991.

CONSTITUTIONAL AMENDMENT 1/1996

The Federal Supreme Constitution,

Having perused the UAE Temporary Constitution; and
Based on-

• The decision of the Federal Supreme Council,
• The approval of the Council of Ministers,
• The assent of the Federal National Council, and
• The ratification of the Federal Supreme Council,

DECIDED AS FOLLOWS:

Article (1)

There is hereby repealed the word “temporary” from the UAE Constitution, wherever it exists.

Article (2)

The city of Abu Dhabi shall be the capital city of the UAE.

Article (3)

There is hereby repealed any text or provision in conflict with this amendment.

Article (4)

This constitutional amendment shall take effect from the date it is issued and shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates

Issued at the Presidency Palace in Abu Dhabi on 2 December 1996.

DECISION OF THE FEDERAL SUPREME COUNCIL 3/1996
EXTENDING THE TERM OF THE COMMITTEE FOR EXAMINING THE CONSTITUTION

The Federal Supreme Council,

Having perused-

• The UAE Constitution;
• The Federal Supreme Council’s Decision 3/1991 forming the Committee for Examining the Constitution; and
• The Federal Supreme Council’s Decision 1/1996 amending some of the Constitution’s provisions,


DECIDED AS FOLLOWS:

Article (1)

There is hereby extended the term of the committee formed by Decision 3/1991 referred to for one calendar year as of 20 May 1996.

Article (1)

The Committee shall consider amending the articles of the UAE Constitution so that they catch up with the coming phase of national action.

Article (3)

The Committee shall take the necessary constitutional procedures after amending the Constitution’s articles in accordance with the provision of Article 144-2-a-b of the Constitution.

Article (4)

This Decision shall take effect from the date it is issued and shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates

Issued at Al-Musharraf Palace in Abu Dhabi on 26 December 1996.

CONSTITUTIONAL AMENDMENT 1/2004

The Federal Supreme Council,

Having perused the UAE Constitution; and Based on-

• The proposal of the Federal Supreme Council,
• The assent of the Federal National Council, and
• The ratification of the Federal Supreme Council,


DECIDED AS FOLLOWS:

Article (1)

For the provision of Article (121) of the UAE Constitution, the following provision is hereby substituted:

Article (121)

Without prejudice to the provisions of the preceding Article, the UAE has exclusive legislative jurisdiction in the following matters:

• Labor relations and social security;
• Ownership of real properties and expropriation for the public interest;
• Extradition of criminals;
• Banks;
• All types of insurance;

• Protection of agricultural and animal wealth;
• Major legislation relating to the penal, civil, and commercial codes; company law, civil and criminal procedure codes;
• Protection of intellectual, technical and industrial property rights; copyright; and printing and publishing rights;
• Importation of arms and ammunitions except for use by the armed forces or the security forces of any Emirate;
• Other aviation matters that do not lie within the federal executive jurisdiction;
• Delimitation of the territorial waters and regulation of navigation in the high seas; and
• Regulation of the free financial zones, the manner in which they are established, and how far they are excluded from scope of application of the federal legislative provisions.

Article (2)

This constitutional amendment shall take effect from the date it is issued and shall be published in the Official Gazette.


Zayed Bin Sultan Al-Nahyan
President, United Arab Emirates

Issued at the Presidency Palace in Abu Dhabi on 10 January 1996.

CONSTITUTIONAL AMENDMENT 1/2009

The Federal Supreme Constitution,

Having perused the UAE Constitution; and
Based on-

• The proposal of the Federal Supreme Council,
• The assent of the Federal National Council, and
• The ratification of the Federal Supreme Council,


DECIDED AS FOLLOWS:

Article (1)

For the word «Deputy», the word «Deputies» and for the word (His Deputy ) the word (their Deputies ) are hereby substituted wherever they exist in articles (54), (55), (57), and (67). Also, for the word «his Deputy» in Article (93) in the UAE Constitution, the words «any of his Deputies « is hereby substituted.

Article (2)

For the provisions of articles (59), (62), (64), (72), (78), (85), and (91) of the UAE Constitution, the following provisions are hereby substituted:

Article (59)

The Prime Minister presides over the meetings of the Council of Ministers, calls the Council into session, runs its discussions, follows up the activities of the minister’s and supervises the co-ordination of activities among the ministries and in all the executive organs of the UAE.

One of the Deputy Prime Ministers shall exercise all the powers of the Prime Minister in the event of the Prime Minister’s absence for any reason.

Article (62)

While in office, the Prime Minister, the Deputies of the Prime Minister, or any Minister of the UAE may not practice any professional, commercial or financial activity or enter into any commercial transactions with the Government of the UAE or the Governments of the Emirates or holds, besides his office, more than one official post in the Government of an Emirate.

Article 64

The Prime Minister, his deputies and the ministers collectively are politically answerable to the President of the UAE and the Federal Supreme Council for implementing the internal and foreign general policy of the UAE. Each one of them is personally answerable to the President of the UAE and the Supreme Council for the activities of his ministry or office.

Where the Prime Minister resigns, is removed from office, or is dead or where his office falls vacant for any reason whatsoever, the whole Cabinet is deemed resigned. The President of the UAE may ask the ministers to remain in office temporarily to manage urgent affairs till the new Cabinet is formed

Article 72

The term of membership in the FNC is four years, according to the Gregorian calendar, commencing from the date the FNC holds its first session.

Article 78

The FNC meets in an annual regular session for a minimum of seven months, commencing on the third week of October every year. The FNC may be called into a special session, if necessary. The FNC may not hear at a special session any matter other than those for which it has been called into session.

Article 85

The FNC shall have a General Secretariat headed by a General Secretary. The FNC’s By-law specifieswe the General Secretary’s responsibilities. The FNC makes its by-law and theis by-law is issued by decision of the President of the UAE subject to the approval of the Federal Supreme Council .

Article (91)

The Government shall notify the FNC of the international treaties and conventions the Government concludes with other states and the different international organizations together with the appropriate explanations. The President of the UAE determines, by decision, the international treaties and conventions that must be referred to the FNC for consideration before they are approved.

Article (3)

The term of the present Federal National Council is hereby extended to complete the term provided in Article (72) of this Amendment.

Article (4)

This constitutional amendment shall take effect from the date it is issued and shall be published in the Official Gazette.


Khalifa bin Zayed Al-Nahyan
President, United Arab Emirates

Issued at the Presidency Palace in Abu Dhabi on 10 February 2009.