In application of the provisions of this Law by Decree, the following words and expressions shall have the meanings ascribed thereto, unless the context otherwise requires:

State: United Arab Emirates

Authority: The Federal Electricity & Water Authority (FEWA).

Authority: The Emirates Investment Authority (EIA)

Government Body: Ministries, Public Authorities and Institutions, Federal and Local Government Bodies.

Company: Union Water and Electricity Company (UWEC)

Articles of Association: Articles of Association of UWEC

Board of Directors: Company Board of Directors

Chairman of the General Assembly: Chairman of the General Assembly

Public Network: Means facilities; plants; equipment; fittings; systems; power, water and fibre optic lines; and assets owned, managed or supervised by UWEC.

 

This Law by Decree shall be published in the Official Gazette and shall enter into force after the date of its publication.

1. The provisions of this Law by Decree do not prejudice any provision of Federal Law by Decree No. (24) of 2021 concerning the accountability of Ministers and Senior Officials or any other law that replaces it.

2. The President of the Federal National Council, with the approval of the President of the State, may invite the Chairman of the Authority to attend its sessions in which the Authority reports are discussed. The Chairman of the Authority or his delegate may express his point of view on the issues under discussion and the answers or data provided by the government related to them.

3. Federal Law No. (8) of 2011 reorganising the Audit Institution will be repealed, and the systems, Regulations and decisions issued pursuant thereto will continue to be implemented until the systems, Regulations and decisions implementing the provisions of this Law by Decree are issued to the extent that they do not conflict with its provisions.

4. Without prejudice to the text of Clause (3) of Article (31) of this Law by Decree, every provision contained in any other legislation requiring the exclusion of any of the Entities subject to the Authority Control shall be repealed.

5. The employees of the Audit Institution who are subject to a decision from the Chairman of the Authority shall be transferred to the Authority, without prejudice to their salaries and financial allocations.

6. Any provision conflicting or contradicting with the provisions of this Law by Decree shall be repealed.

 

1- The Laws and Regulations in force in the federal government do not apply to the Authority, except those stated in the decisions, rules and regulations issued in implementation of this Law by Decree.

2. The Authority Employees shall be subject to the provisions of Federal Law No. (7) of 1999 Promulgating Pensions and Social Security Law, and its amendments;

3. The legislation regulating the profession of Auditors in the State does not apply to the Authority employees with regard to the exercise of their duties in accordance with the provisions of this Law by Decree.

 

Without prejudice to any severer penalty stipulated in any other law, a penalty of imprisonment for a period not exceeding one year and a fine not less than ten thousand (10,000) AED and not exceeding one million (1,000,000) AED, shall be imposed on anyone who:

1.    Refrain from executing the summons issued by the Authority.

2.    Submit a malicious report to the Authority.

3.    Fail to inform the Authority of financial and administrative corruption

4.    Abstain or he is late in submitting the documents, decisions, documents, data, information, reports, papers or records requested by the Authority on the dates specified for that, or from giving his testimony or statements concerning the case of financial or administrative corruption under consideration.

5.    Abstain or carry out any action or behaviour that would hinder the Authority from carrying out its duties or exercising its powers.

6.    Try any way or by any means to obstruct the work of the Authority, influence the Authority employees while carrying out their work, or abuse them.

7.    Attack, verbally or physically, reporters or witnesses of financial and administrative corruption violations and harm them because of the report.

8.    Abstain or he is late for submitting the financial disclosure statement, or included incorrect data, or violated this law.

 

Without prejudice to any more severe penalty in any other law, every employee in the Authority shall be punished with imprisonment for a period of not less than one year and not more than five years and a fine of not less than (200,000) two hundred thousand AED and not more than (2,000,000) two million AED or one of the two penalties someone assigned to do one of the Authority tasks, discloses the confidentiality of documents, decisions, documents, data, information, reports, papers, records, printed or electronic plans and drawings that he has access to due to or on the occasion of performing his job duties, or highlights them or allows others to view them, whether during his work in the Authority or after the end of his service or assignment.

Subject to Clause (7) of Article (15) of this Law by Decree, the following cases and incidents shall be considered financial and administrative violations. The Regulated Entities shall refer them to the Authority for investigation:

1.    Violate the financial rules, Regulations, rules and Regulations applicable to any of the Regulated Entities.

2.    Violate the rules and provisions related to the implementation of the general budget items or the budgets of the Regulated Entities.

3.    Violate the rules and provisions regulating contracts and agreements concluded by Regulated Entities.

4.    Administrative decisions violating applicable legislation, which results in financial repercussions.

5.    Violate the rules and provisions regulating warehouses and accounting circulars issued by Regulated Entities.

6.    Fail to provide the Authority with the financial statements, draft final accounts, and supporting documents on the specified dates, or with the papers or documents required by the Authority to carry out Control work.

7.    Every action, act, omission, negligence or negligence that results in harm to the Regulated Entities, loss or dissipation of any of their financial rights or prejudice to their financial interests or the interests of the State in general.

8.    Seize State funds or funds of Regulated Entities, facilitate their Seizure or embezzlement, or harming their interests.

9.    Waste the funds of the Regulated Entities or deceiving them to Seize their funds.

10.    Exploit public office for the profit of oneself or others, or to stop, disrupt, or delay the collection of public revenues from funds, taxes, or fees assigned to the State or Regulated Entities.

11.    Forgery of documents and their use.

 

1. The Authority shall exercise the competencies and powers assigned to it in accordance with the provisions of this Law by Decree without prejudice to the competencies assigned to other relevant government agencies. All of these agencies shall cooperate with the Authority - each according to its jurisdiction, to enable it to carry out its competencies and exercise its powers and authorities. The Authority shall exercise the aforementioned competencies and powers duly. And the interests of Regulated Entities outside the State in accordance with applicable legislation, in cooperation with the Competent Authorities and in accordance with the established laws.

2. When necessary, and in the event that any of the Entities subject to the provisions of this Law by Decree refuses to allow the Authority employees to carry out their legally prescribed duties, the Authority may submit a request to the judicial authority to take measures to preserve the data, information, safes, funds, systems or places where the data required is located.

3. If a dispute occurs between the Authority and one of the Regulated Entities concerning the final results or recommendations made by the Authority, the matter shall be presented to the Head of the Presidential Court, who shall present the matter to the prime minister or the President of the State as he deems appropriate.

4. In the event of a dispute between more than one Regulated Entity concerning the jurisdiction to conduct an administrative investigation into a violation of financial and administrative corruption, the Authority shall be the authority competent to resolve the dispute.

 

The Minister of Justice, in agreement with the Chairman of the Authority, shall issue a decision specifying the Authority employees who have the status of Judicial Enforcement Officers for violations that occur within their jurisdiction in accordance with the provisions of this Law by Decree.

Without prejudice to the powers assigned to the concerned authorities in the State, draft laws related to the powers of the Authority shall be submitted to the Authority in accordance with the provisions of this Law by Decree.