Up to 10 years in jail and up to Dh10 million in fines under new UAE Cultural Heritage Law

New law criminalizes 24 offences to protect antiquities, heritage sites, digital heritage

Abu Dhabi: The UAE has approved a new Federal Cultural Heritage Law introducing prison terms of up to 10 years and fines of as much as Dh10 million for offences against the country's cultural heritage, as part of a comprehensive framework aimed at protecting archaeological sites, historical assets and digital heritage for future generations.

The legislation was approved by the Federal National Council during its 13th session of the third ordinary sitting of the 18th legislative term, chaired by FNC Speaker Saqr Ghobash. The session was attended by Sheikh Salem bin Khalid Al Qasimi, Minister of Culture. 

Before debating the bill, the council reviewed a report prepared by its Education, Culture, Youth, Sports and Media Affairs Committee, which said it had examined the draft legislation through legal, social and economic studies and consultations with the Ministry of Culture.

The law seeks to safeguard, document, preserve and manage the UAE's cultural heritage in all its forms, while promoting research, cultural diversity and exchange. It also aims to ensure the sustainability of heritage assets, support heritage and cultural tourism, integrate cultural heritage into sustainable development plans and strengthen coordination between the Ministry of Culture and relevant authorities.

Among the most significant additions is the formal recognition of digital heritage, defined as digital materials and resources of cultural, historical, scientific, social, environmental or economic value, whether created digitally or converted into digital formats.

The legislation also introduces the concept of archaeological surveying, covering the exploration, documentation and recording of archaeological sites using scientific methods.

Its provisions apply throughout the UAE, including free zones, although foreign tangible heritage located within the country is exempt except where otherwise stipulated by the law and its executive regulations.

The Ministry of Culture will be responsible, in coordination with competent authorities, for developing legislation, policies and strategies for protecting cultural heritage, promoting public awareness and tourism initiatives, supporting education and scientific research, and building national expertise in the sector.

The law also allows elements of the UAE's cultural heritage to be nominated for inclusion on regional and international heritage lists, subject to ministerial approval and procedures set out in the executive regulations.

Anyone who discovers archaeological remains or other tangible heritage, or becomes aware of their existence, will be required to notify the competent authority, the Ministry of Culture or the nearest police station within 48 hours. Authorities may grant financial rewards to individuals who report such discoveries.

The legislation establishes a three-tier penalty system covering 24 criminal offences.

The most serious offences, including deliberately damaging archaeological sites or tangible heritage, theft, smuggling, and carrying out construction, alteration or relocation works without Autorisation, carry temporary imprisonment and fines ranging from Dh500,000 to Dh10 million.

A second category of offences is punishable by up to 10 years' imprisonment and fines of up to Dh5 million. These include conducting archaeological excavations without a permit, misusing heritage sites, submitting forged documents to import or export antiquities, forging archaeological artefacts, negligence leading to damage or loss of heritage assets, and intentionally insulting or harming cultural heritage.

A third category provides for imprisonment of up to three years, a fine, or both. Offences include tampering with tangible heritage, trading in unlawfully removed antiquities, possessing counterfeit artefacts with intent to deceive, failing to register heritage assets, neglecting their maintenance, obstructing the work of competent authorities, organizing heritage-related events without approval, and failing to report newly discovered archaeological finds within the prescribed timeframe.

The law also provides for the confiscation of heritage assets involved in offences, together with equipment, machinery and other tools used in committing crimes, while preserving the rights of bona fide third parties.