Federal Decree by Law Regarding the Establishment and Organization of the Emirati Talent Competitiveness Council

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Federal Decree by Law Regarding the Establishment and Organization of the Emirati Talent Competitiveness Council
Federal Decree by Law Regarding the Establishment and Organization of the Emirati Talent Competitiveness Council

The last update on this law was listed on 13 Sep 2021

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Issued Date

13 Sep 2021

Effective Date

13 Sep 2021

Official Gazette Date

26 Sep 2021

Official Gazette No

712

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Index
Index
Article (1) Definitions
Article (2) Establishment of the Council
Article (3) Headquarters of the Council
Article (4) Objectives of the Council
Article (5) Competencies of the Council
Article (6) Board of Directors
Article (7) Competencies of the Board of Directors
Article (8) Secretary General and Executive Management
Article (9) Competencies and Powers of the Secretary General
Article (10) Fiscal Year
Article (11) Annual Budget and Revenues
Article (12) Cooperation with the Council
Article (13) Human Resources and Pensions Legislations
Article (14) Financial Control
Article (15) Executive Resolutions
Article (16) Repeals
Article (17) Publication and Entry into Force of the Decree by Law
Federal Decree by Law No. (27) of 2021 Regarding the Establishment and Organization of the Emirati Talent Competitiveness Council

We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates,
− Having reviewed the Constitution,
− Federal Law No. (1) of 1972 Regarding the Competencies of Ministries and Powers of Ministers, as amended,
− Federal Decree by Law No. (4) of 2004 Regarding the Establishment and Regulation of the Ministry of Presidential Affairs, and
− Upon the proposal of the Deputy Prime Minister, Minister of Presidential Affairs, and the approval of the Cabinet,
Hereby promulgate the following Decree by Law:

Article (1) Definitions

For the purposes of implementing the provisions of this Decree by Law, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State: The United Arab Emirates.
Cabinet: The State's Cabinet.
Minister: The Minister of Presidential Affairs.
Council: The Emirati Talent Competitiveness Council.
Board of Directors: The Board of Directors of the Council.
Chairman of the Board: The Chairman of the Board of Directors.
Secretary General: The Secretary General of the Council.
Government Entities: Federal and local ministries, authorities, departments, and government entities, and companies wholly owned by any federal or local government entity.
Private Sector: Companies, establishments, institutions, and entities not wholly owned by Government Entities.

Article (2) Establishment of the Council

A council named the "Emirati Talent Competitiveness Council" shall be established under the provisions of this Decree by Law. It shall have all the competencies and powers necessary to achieve its objectives, and shall have legal personality, financial and administrative independence, and the legal capacity to act. It shall be affiliated with the Minister of Presidential Affairs.

Article (3) Headquarters of the Council

The main headquarters of the Council shall be in the city of Abu Dhabi, and the Board of Directors may establish branches or offices for it inside or outside the State.

Article (4) Objectives of the Council

The Council aims to enhance the Emirati human development system and to develop a productive and sustainable Emirati human capital in the Private Sector to achieve the objectives of effective economic participation of UAE nationals, in a manner that supports the State's economy.

Article (5) Competencies of the Council

The Council shall have the following competencies:
1. Setting and developing policies and strategies for the training, qualification, and activation of Emirati competencies and cadres in various private economic sectors, in coordination with the Ministry of Human Resources and Emiratization, and submitting them to the Cabinet for adoption after the Minister's approval.
2. Developing the executive plans for the approved policies and strategies, in coordination with the concerned Government Entities, and overseeing the follow-up of the implementation of the approved plans.
3. Proposing and reviewing federal policies and legislation related to the development of Emirati cadres in the Private Sector, in coordination with the Ministry of Human Resources and Emiratization, and submitting them to the Cabinet after the Minister's approval.
4. Preparing guidance programs to increase the percentage of Emirati cadres working in the Private Sector, in coordination with the Ministry of Human Resources and Emiratization, and setting and developing the supporting programs and policies and having them approved by the Cabinet, after the Minister's approval.
5. Following up on and implementing initiatives, projects, and programs related to the qualification, training, employment, and development of Emirati cadres in the Private Sector, in coordination with the concerned Government Entities and the Private Sector.
6. Any other competencies assigned thereto pursuant to laws, regulations, or resolutions of the Cabinet or the Minister.

Article (6) Board of Directors

1. The Council shall be managed by a Board of Directors formed of a Chairman and a number of members not exceeding fourteen members, who shall be appointed and whose remuneration shall be determined by a resolution of the Cabinet, upon the proposal of the Minister.
2. The Chairman of the Board shall choose a Vice-Chairman from among the members to assume the Chairman's duties in their absence or in the event of any impediment.
3. The term of membership in the Board of Directors shall be three years, automatically renewable, unless a resolution is issued by the Cabinet to reconstitute the Board of Directors.
4. The Chairman of the Board shall issue the internal regulations for the work of the Board of Directors after the Minister's approval.

Article (7) Competencies of the Board of Directors

The Board of Directors shall exercise all the competencies and powers necessary to enable the Council to achieve its objectives, including the following:
1. Approving the policies and strategies related to the training, qualification, and activation of Emirati competencies and cadres in various private economic sectors, and submitting them to the Cabinet for adoption.
2. Submitting updates and proposals regarding federal policies and legislation that help achieve the Council's objectives or affect the development of Emirati cadres in the Private Sector to the Cabinet.
3. Approving the guidance programs for Emiratis to increase the percentage of Emirati cadres working in the Private Sector and submitting them to the Cabinet for adoption.
4. Approving the initiatives, projects, and programs related to the qualification, training, employment, and development of Emirati cadres in the Private Sector and submitting them to the Cabinet for adoption.
5. Following up on the Council's achievements and the results of the implementation of approved initiatives, projects, and programs, and issuing the necessary directives in this regard.
6. Approving the draft general budget and final accounts of the Council and submitting them to the Minister for adoption.
7. Approving the draft internal bylaws and regulations related to financial, technical, and human resources affairs, as well as the organizational structure of the Council, and submitting them to the Minister for issuance.
8. Concluding agreements and memoranda of understanding related to the work of the Council in accordance with the bylaws and regulations applicable in the Council.
9. Forming executive and advisory committees from among the members of the Board of Directors, and such committees may include representatives of Government Entities, the Private Sector, and those with expertise and specialization.
10. Any other tasks or powers assigned to the Board of Directors by the Cabinet or the Minister.
The Board of Directors may delegate any of its powers to the Chairman of the Board, the Secretary General, or any committee formed by a decision of the Chairman of the Board.

Article (8) Secretary General and Executive Management

1. The Council shall have a Secretary General with the rank of an Undersecretary of a Ministry, who shall be appointed by a Federal Decree based on the nomination of the Minister.
2. The Secretary General shall be assisted by a number of advisors, experts, and employees, who shall be appointed by a decision of the Secretary General, in accordance with the bylaws and systems applicable in the Council.

Article (9) Competencies and Powers of the Secretary General

The Secretary General shall supervise the workflow in the Council and shall be responsible before the Board of Directors for following up and implementing its decisions. For this purpose, the Secretary General shall have all the competencies and powers necessary to ensure the proper functioning of the Council, including the following:
1. Following up on the implementation of the Council's policies and strategies;
2. Proposing the agenda for the meetings of the Board of Directors and its committees;
3. Preparing the draft annual budget and final accounts of the Council and submitting them to the Board of Directors;
4. Preparing the internal bylaws and regulations related to financial, technical, and human resources affairs, as well as the organizational structure of the Council and submitting them to the Board of Directors;
5. Preparing periodic reports on the workflow of the Council and the decisions of the Board of Directors;
6. Representing the Council before the courts and third parties inside and outside the State;
7. Opening and managing bank accounts on behalf of the Council within the State in accordance with the bylaws and regulations applicable in the Council.
8. Appointing advisors, experts, and employees in accordance with the regulations applicable in the Council.
9. Issuing decisions in accordance with the bylaws and regulations applicable in the Council and signing the correspondence issued by the Council.
10. Concluding contracts and agreements to which the Council is a party, in accordance with the systems applied in the Council.
11. Any other tasks assigned thereto by the Minister or the Chairman of the Board.

Article (10) Fiscal Year

The fiscal year of the Council shall commence on the first day of January and end on the thirty-first day of December of each year. The first fiscal year shall commence from the date of entry into force of this Decree by Law and shall end on the thirty-first day of December of the following year.

Article (11) Annual Budget and Revenues

The Council shall have an annual budget, and its annual revenues shall consist of the following:
1. Financial appropriations allocated to the Council from the Ministry of Presidential Affairs;
2. Fees, contributions, and fines derived from any initiatives, projects, and programs of the Council for which a resolution is issued by the Cabinet based on the proposal of the Board of Directors and after the Minister's approval.
3. Gifts, grants, bequests, and donations approved for acceptance by the Board of Directors, provided they do not conflict with the objectives of the Council.

Article (12) Cooperation with the Council

All Government Entities and Private Sector establishments, including departments and educational, professional, and training entities in each Emirate, shall provide the Council with the data, statistics, information, and studies it requests. These entities and establishments shall also be committed to cooperating with the Council to implement the decisions issued thereby in accordance with the provisions of this Decree by Law and the resolutions and regulations issued in implementation thereof.

Article (13) Human Resources and Pensions Legislations

In the absence of a specific provision in the bylaws and systems applicable in the Council, the human resources legislations applicable in the Emirate of Abu Dhabi shall apply to the employees of the Council. The provisions of the Pensions and Retirement Benefits Law applicable in the Emirate shall also apply to the national employees thereof.

Article (14) Financial Control

The Minister shall, based on a proposal from the Board of Directors, issue the decisions related to the financial control over the Council's activities, the appointment of an auditor for its accounts, and the determination of their fees.

Article (15) Executive Resolutions

Without prejudice to the powers vested in the Cabinet under this Decree by Law, the Minister shall issue the resolutions and regulations necessary for the implementation of the provisions of this Decree by Law.

Article (16) Repeals

Any provision that contradicts or conflicts with the provisions of this Decree by Law shall be repealed.

Article (17) Publication and Entry into Force of the Decree by Law

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

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