UAE FNC approves new cultural heritage law with fines up to AED 10 million

The UAE Federal National Council (FNC) has approved a new draft federal law on cultural heritage, introducing stringent penalties including fines of up to AED 10 million and imprisonment for individuals who intentionally damage, steal, or smuggle the country’s material heritage and antiquities.

The law was passed during the 13th session of the third ordinary term, chaired by Saqr Ghobash, Speaker of the Council, at Zayed Hall in Abu Dhabi on Wednesday, July 8. The legislation aims to protect, document, preserve, and promote all forms of UAE cultural heritage, ensuring its transmission to future generations.

Sheikh Salem bin Khalid Al Qassimi, Minister of Culture, attended the session. During the same meeting, the FNC also approved amendments to the draft federal law regarding the combat of communicable diseases, in the presence of Ahmed bin Ali Al Sayegh, Minister of Health and Prevention.

The draft law encompasses tangible, intangible, natural, and digital heritage, and will be applicable across the country, including free zones.

The legislation encourages authorities to support cultural heritage and cultural tourism, integrating heritage into sustainable development plans and the daily lives of citizens and residents.

The FNC added two new definitions to the draft. The first pertains to digital heritage, referring to digital materials and resources of cultural, historical, scientific, social, environmental, or economic value that form part of the national memory and identity, whether originally created digitally or converted into a digital format.

The second definition relates to archaeological surveys, covering activities to discover, document, and register archaeological sites on land, underground, or within the country’s territorial and internal waters.

The draft also defines historical architectural heritage as fixed material heritage dating from 1700 to 1960. Buildings constructed after 1960, such as schools, hospitals, museums, and industrial facilities of cultural significance, are categorized as modern architectural heritage.

Underwater heritage is also protected under the law, including archaeological sites, shipwrecks, and aircraft located within the country’s territorial waters.

According to the draft, any individual who discovers or accidentally encounters material heritage or an antiquity must refrain from touching it and notify the competent authority, the Ministry of Culture, or the nearest police station within 48 hours. The relevant authority may grant a suitable reward to individuals who report their discovery within the specified timeframe.

The draft stipulates that anyone who intentionally damages material heritage or antiquities through destruction, defacement, or removal, or who steals or illegally possesses them, conducts unauthorized construction or demolition at heritage sites, or smuggles heritage items into or out of the country, will face temporary imprisonment and a fine ranging from AED 500,000 to AED 10 million. If the crime is committed by the owner of the heritage item, it will be considered an aggravating factor in sentencing.

For individuals who conduct unauthorized excavations, use heritage sites as waste disposal areas, provide forged documents for the transport of antiquities, forge national or foreign artifacts with intent to deceive, or intentionally mock or disparage material or intangible heritage, the law prescribes imprisonment for up to 10 years and fines between AED 300,000 and AED 5 million.

Lesser offenses will carry penalties of up to three years in prison and fines between AED 100,000 and AED 5 million, or one of these two penalties. These include removing or moving items from fixed heritage without approval, trading materials extracted from heritage sites, placing advertisements on heritage or antiquities, failing to register heritage in one's possession, failing to maintain it, obstructing officials, and organizing heritage-related events without a permit.

Courts will also order the confiscation of heritage items related to the crimes, along with the tools and equipment used in the commission of the offense, without prejudice to the rights of bona fide third parties.