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Emiri Decree No. (16) of 2023 Regarding RAK Maritime City Free Zone Authority and the supervision of RAK Maritime City Free Zone

Emiri Decree
Emiri Decree No. (16) of 2023 Regarding RAK Maritime City Free Zone Authority and the supervision of RAK Maritime City Free Zone We, Saud Bin Saqr Bin Mohammed Al Qasimi, Ruler of Ras Al Khaimah, Having perused Law of the Free Zone of 2000, as amended, and Law No. 9 of 2008 on Ras Al Khaimah Ports, and the Emiri Decree No. 21 of 2009 on the Establishment of RAK Maritime City, and Emiri Decree No. 15 of 2013 on RAK Maritime City, and Emiri Decree No. 29 of 2015 on Adding a New Zone to the Jurisdiction of RAK Maritime City Free Zone Authority, and and Decision No. 4 of 2021 on the Reformation of the Board of Directors of RAK Maritime City Free Zone Authority, and for the public interest, resolved as follows: Article (1) RAK Maritime City Free Zone Authority (the “Authority”), which was established by virtue of Emiri Decree No. 21 of 2009 and located at Al Hulaylah Island – Ras Al Khaimah, is an independent authority of the Government of Ras Al Khaimah vested with financial and administrative independence and has a juridical personality that enables it to achieve its objectives. Article (2) The Authority shall be managed by a board of directors consisting of a Chairman and a number of directors appointed by a decision issued by the Ruler of Ras Al Khaimah. Moreover, the board of directors may be dissolved, replaced and reformed, or may have any of its members replaced by virtue of a decision issued by the Ruler of Ras Al Khaimah. Article (3) The Authority aims to achieve the following objectives: 1. To provide an industrial/maritime complex of high quality for maritime industries relating to the port such as ship building, repair and construction of storage silos, support of maritime operations, ship services, building and lease of warehouses and stores, and commissioning; 2. To provide logistic/industrial infrastructure of high quality to facilitate and enhance industrial development in Ras Al Khaimah; 3. issue licenses for establishments and companies wishing to carry out their business at the RAK Maritime City Free Zone and to collect set fees and expenses; 4. To provide competitive power for existing industries and to attract new industries to Ras Al Khaimah; 5. To provide an appropriate environment for ships used in industries that require having a sea front; 6. To work for the development of oil and gas industries and/or cooperation with certain existing companies at the site; 7. To offer facilities of high quality, support means of comfort, provide warehouses as required, store dry goods, provide offices, administrative, medical and entertainment buildings, car parks, maintenance workshops, etc.; 8. To attract secondary high-tech industries that could benefit from the products of local heavy industries; 9. To set proper strategies, policies, management systems, plans and procedures in accordance with the relevant federal laws, international standards and best practices; and 10. To provide high levels of customer service. Article (4) The Authority shall have the following competencies and powers: 1. Manage the day-to-day operational activities of the Authority, provide the required support to the Authority including, without limitation, operational, technical and administrative support; 2. Develop, invest in and promote the RAK Maritime City Free Zone; 3. Developing the list of activities and terms required for licensing the same within RAK Maritime City Free Zone; 4. Establish companies, enter into partnerships with other parties, invest in different projects, lease and/or develop the lands granted by the Government of Ras Al Khaimah and to collect the set fees and charges; 5. Coordinate with different concerned establishments, organizations, federal and local authorities in areas relevant to the objectives of the RAK Maritime City Free Zone and for the execution of laws relating to economic activities; 6. License, renew, strike off and de­ register companies and establishments in accordance with the Authority's applicable rules and regulations. The Authority shall be entitled to refuse to license, renew or strike-off any company; 7. Create records for registering companies, commercial, real estate transactions and mortgages; 8. Issue licenses and exercising activities permits to natural persons within its areas; 9. Rent its lands to the companies registered with it and conclude lease and Musataha contracts on those lands; 10. Attest lease contracts for premises located within its geographical areas; 11. Register and write off mortgages with respect to the lands and buildings erected inside its lands; 12. Issue building permits and certificates of completion of construction of the buildings constructed within its lands; 13. Issue ownership certificates for buildings constructed within its lands; 14. Review the complaints submitted by the companies and their employees, trying to solve them amicably and referring them to the competent judicial authority; 15. Secure employment visas and residence permits for companies and individuals as per the laws in force; 16. Monitor and inspect companies to ensure compliance with applicable laws, bylaws, and regulations of the Authority, and undertake the necessary legal measures in this regard; 17. Purchase, rent and own movable and immovable properties, and invest in movable and immovable properties in the manner it deems appropriate; 18. Establish companies, corporations, commercial enterprises and representative offices and sell and buy assets and shares in companies affiliates to RAK Maritime City Free Zone; 19. Any other specialization that is required to achieve the objectives for which RAK Maritime City Free Zone was established; and 20. Any other missions or powers entrusted to the Authority by the Government of Ras Al Khaimah from time to time. Article (5) The Authority may delegate all or part of its powers to any affiliate, government-owned entity or private company inside or outside the UAE for the purpose of achieving its objectives in accordance with the approval of the board of directors. Article (6) The board of directors shall assume general supervision and control over the management and operations of the Authority and shall approve its policies and regulations in accordance with best international standards. The administrative hierarchy, financial system and internal bylaws required for the management of the Authority and the achievement of its objectives shall be decided accordingly. Article (7) The board of directors shall have all powers and authorities necessary to manage the Authority, shall develop all regulations which may be required to operate and attain the objectives of the Authority. Article (8) The board of directors shall meet at least once every four months, however, in all cases, the board of directors may be convened, where necessary, upon the invitation by the Chairman or the Vice-Chairman. The meeting shall not be valid unless it is attended by the majority of its members and either the Chairman, his authorised representative or the Vice-Chairman is also in attendance. Resolutions are passed by majority of votes; in the event of votes being equal, the side with whom the Chairman or, its authorized representative or the Vice­Chairman (in the absence of the Chairman), has voted shall prevail. Article (9) The term of the board of directors shall be for three years commencing from the date hereof. The board of directors, after expiry of its term, shall continue performing its duties and powers until it is either renewed or a new board of directors is appointed pursuant to Article 2 of this Decree. Article (10) The board of directors shall nominate from among its members or otherwise, as needed, those who will occupy the administrative and technical positions, in addition to the members and heads of the board committees and their sub-committees. The board of directors shall be entitled to appoint the staff required to manage the Authority, dismiss them, determine their salaries and any other benefits as deemed appropriate by the board of directors. The board of directors shall be entitled as well, if necessary, to obtain loans and bank facilities or any type of financing resources to finance and develop the activities of the Authority and improve revenues. The Authority shall have the right to open bank account(s) in its name at any bank(s) whether in or outside Ras Al Khaimah and the Ruler of Ras Al Khaimah may grant the necessary authorization for one person or more to manage, operate, deposit in and withdraw from such account(s) and any other authority included in such authorization. Article (11) The staff appointed by the board of directors to manage the Authority shall prepare and submit to the board of directors for approval, the budget of the next financial year which commences as of 1 January of each year. The Authority’s executive team shall, at the beginning of each financial year, submit to the Chairman and the Vice-Chairman a report on the activities and realized earnings of the Authority during the elapsed year along with any such strategies to improve the same. Article (12) The provisions of any previous decrees or decisions shall be repealed only to the extent they are in violation of the provisions of this Decree. Article (13) This Decree shall take effect as from the date of its issuance and shall be published in the official gazette. Saud Bin Saqr Bin Mohammad Al Qasimi Ruler of Ras Al Khaimah Issued on 13 Safar of 1445 H. Corresponding to 30 August of 2023 AD.
  • RAK Maritime City Free Zone Authority (the “Authority”), which was established by virtue of Emiri Decree No. 21 of 2009 and located at Al Hulaylah Island – Ras Al Khaimah, is an independent authority of the Government of Ras Al Khaimah vested with financial and administrative independence and has a juridical personality that enables it to achieve its objectives.

     
  • The Authority shall be managed by a board of directors consisting of a Chairman and a number of directors appointed by a decision issued by the Ruler of Ras Al Khaimah. Moreover, the board of directors may be dissolved, replaced and reformed, or may have any of its members replaced by virtue of a decision issued by the Ruler of Ras Al Khaimah.

     
  • The Authority aims to achieve the following objectives:
    1. To provide an industrial/maritime complex of high quality for maritime industries relating to the port such as ship building, repair and construction of storage silos, support of maritime operations, ship services, building and lease of warehouses and stores, and commissioning;
    2. To provide logistic/industrial infrastructure of high quality to facilitate and enhance industrial development in Ras Al Khaimah;

    3. issue licenses for establishments and companies wishing to carry out their business at the RAK Maritime City Free Zone and to collect set fees and expenses;

    4. To provide competitive power for existing industries and to attract new industries to Ras Al Khaimah;

    5. To provide an appropriate environment for ships used in industries that require having a sea front;

    6. To work for the development of oil and gas industries and/or cooperation with certain existing companies at the site;

    7. To offer facilities of high quality, support means of comfort, provide warehouses as required, store dry goods, provide offices, administrative, medical and entertainment buildings, car parks, maintenance workshops, etc.;

    8. To attract secondary high-tech industries that could benefit from the products of local heavy industries;

    9. To set proper strategies, policies, management systems, plans and procedures in accordance with the relevant federal laws, international standards and best practices; and

    10. To provide high levels of customer service.

     
  • The Authority shall have the following competencies and powers:
    1. Manage the day-to-day operational activities of the Authority, provide the required support to the Authority including, without limitation, operational, technical and administrative support;

    2. Develop, invest in and promote the RAK Maritime City Free Zone;

    3. Developing the list of activities and terms required for licensing the same within RAK Maritime City Free Zone;

    4. Establish companies, enter into partnerships with other parties, invest in different projects, lease and/or develop the lands granted by the Government of Ras Al Khaimah and to collect the set fees and charges;

    5. Coordinate with different concerned establishments, organizations, federal and local authorities in areas relevant to the objectives of the RAK Maritime City Free Zone and for the execution of laws relating to economic activities;

    6. License, renew, strike off and de­ register companies and establishments in accordance with the Authority's applicable rules and regulations. The Authority shall be entitled to refuse to license, renew or strike-off any company;

    7. Create records for registering companies, commercial, real estate transactions and mortgages;

    8. Issue licenses and exercising activities permits to natural persons within its areas;

    9. Rent its lands to the companies registered with it and conclude lease and Musataha contracts on those lands;
    10. Attest lease contracts for premises located within its geographical areas;
    11. Register and write off mortgages with respect to the lands and buildings erected inside its lands;

    12. Issue building permits and certificates of completion of construction of the buildings constructed within its lands;
    13. Issue ownership certificates for buildings constructed within its lands;

    14. Review the complaints submitted by the companies and their employees, trying to solve them amicably and referring them to the competent judicial authority;
    15. Secure employment visas and residence permits for companies and individuals as per the laws in force;

    16. Monitor and inspect companies to ensure compliance with applicable laws, bylaws, and regulations of the Authority, and undertake the necessary legal measures in this regard;
    17. Purchase, rent and own movable and immovable properties, and invest in movable and immovable properties in the manner it deems appropriate;
    18. Establish companies, corporations, commercial enterprises and representative offices and sell and buy assets and shares in companies affiliates to RAK Maritime City Free Zone;
    19. Any other specialization that is required to achieve the objectives for which RAK Maritime City Free Zone was established; and

    20. Any other missions or powers entrusted to the Authority by the Government of Ras Al Khaimah from time to time.

     
  • The Authority may delegate all or part of its powers to any affiliate, government-owned entity or private company inside or outside the UAE for the purpose of achieving its objectives in accordance with the approval of the board of directors.

     
  • The board of directors shall assume general supervision and control over the management and operations of the Authority and shall approve its policies and regulations in accordance with best international standards. The administrative hierarchy, financial system and internal bylaws required for the management of the Authority and the achievement of its objectives shall be decided accordingly.

     
  • The board of directors shall have all powers and authorities necessary to manage the Authority, shall develop all regulations which may be required to operate and attain the objectives of the Authority.

     
  • The board of directors shall meet at least once every four months, however, in all cases, the board of directors may be convened, where necessary, upon the invitation by the Chairman or the Vice-Chairman. The meeting shall not be valid unless it is attended by the majority of its members and either the Chairman, his authorised representative or the Vice-Chairman is also in attendance. Resolutions are passed by majority of votes; in the event of votes being equal, the side with whom the Chairman or, its authorized representative or the Vice­Chairman (in the absence of the Chairman), has voted shall prevail.

     
  • The term of the board of directors shall be for three years commencing from the date hereof. The board of directors, after expiry of its term, shall continue performing its duties and powers until it is either renewed or a new board of directors is appointed pursuant to Article 2 of this Decree.

     
  • The board of directors shall nominate from among its members or otherwise, as needed, those who will occupy the administrative and technical positions, in addition to the members and heads of the board committees and their sub-committees. The board of directors shall be entitled to appoint the staff required to manage the Authority, dismiss them, determine their salaries and any other benefits as deemed appropriate by the board of directors. The board of directors shall be entitled as well, if necessary, to obtain loans and bank facilities or any type of financing resources to finance and develop the activities of the Authority and improve revenues. The Authority shall have the right to open bank account(s) in its name at any bank(s) whether in or outside Ras Al Khaimah and the Ruler of Ras Al Khaimah may grant the necessary authorization for one person or more to manage, operate, deposit in and withdraw from such account(s) and any other authority included in such authorization.

     
  • The staff appointed by the board of directors to manage the Authority shall prepare and submit to the board of directors for approval, the budget of the next financial year which commences as of 1 January of each year. The Authority’s executive team shall, at the beginning of each financial year, submit to the Chairman and the Vice-Chairman a report on the activities and realized earnings of the Authority during the elapsed year along with any such strategies to improve the same.

     
  • The provisions of any previous decrees or decisions shall be repealed only to the extent they are in violation of the provisions of this Decree. 

     
  • This Decree shall take effect as from the date of its issuance and shall be published in the official gazette. 

Classification
  • Civil Legislation
  • Free Zone
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