Mohammed bin Rashid issues antiquities, archaeological sites law

The Law applies to existing and newly discovered archaeological sites and artefacts across all land, marine, and mountainous areas of Dubai, including special development zones and free zones, among them the Dubai International Financial Centre.

The Law aims to identify, register, classify, and preserve Dubai’s antiquities and archaeological sites, recognising them as key national assets of the emirate.

The Law also aims to raise awareness of Dubai’s archaeological sites and their historical, cultural, and architectural significance, while strengthening their protection and supporting the regulation of archaeological activities across the emirate.

According to the Law, the Dubai Culture and Arts Authority (Dubai Culture) is designated as the entity responsible for overseeing antiquities and archaeological sites in the emirate.

Under the Law, antiquities and archaeological sites in Dubai are deemed the property of the emirate, except for privately owned movable or immovable artefacts and sites proven through possession, official documentation, or registration in the official register.

The Law states that land ownership does not include rights over any antiquities found on or beneath it, nor does it authorise excavation or related works. Artefacts owned by the emirate of Dubai cannot be gifted except by approval of the Dubai Culture and Arts Authority, and may only be temporarily moved abroad for exhibition, restoration, or study with its permission.

Under the Law, artefacts owned by the emirate of Dubai may be loaned to official, scientific, or museum institutions inside or outside the country by decision of the Director-General of the Dubai Culture and Arts Authority. The executive regulations of this Law set the criteria for gifting, temporary export, or loan of such artefacts, as well as the rules governing privately owned artefacts taken outside the emirate.

The emirate also reserves all intellectual property rights over images, models, reports, and replicas of its artefacts, including those produced by authorised entities.

The Law requires anyone who discovers an artefact that meets the legal definition of an antiquity, whether intentionally or by chance, to leave it undisturbed and immediately stop any work, including construction, that could affect it or any surrounding remains. This includes areas considered natural, environmental, aesthetic, visual, or legal extensions of the site, which form an integral part of it and are defined and mapped by the Dubai Culture and Arts Authority in coordination with the relevant authorities.

The finder must also notify Dubai Culture or Dubai Police within 48 hours of the discovery.

Furthermore, the Law also requires anyone who accidentally finds an item in marine zones of the Emirate of Dubai that meets the legal definition of an antiquity to immediately report it to the Dubai Culture and Arts Authority and hand it over within 7 days of discovery.

Subject to the rights of bona fide third parties, an artefact found by chance becomes property of the Emirate of Dubai if its owner is not identified within five years of discovery. The Authority shall take the necessary steps to trace the owner, preserve the artefact, and register it under this Law.

The Law establishes a dedicated register at the Dubai Culture and Arts Authority for all antiquities and archaeological sites, including privately owned ones that meet the legal criteria. It recognises existing registered sites as compliant under this law and requires owners of eligible private artefacts or sites to apply for inspection and registration.

It also defines classification criteria, sets owners’ obligations, regulates conservation and restoration, governs the entry of foreign artefacts into Dubai, and specifies administrative penalties for violations.

The Law prohibits damaging, altering, relocating, or defacing any antiquity or archaeological site, including its surroundings, and bans dumping waste or placing signs except for approved guidance. It also prohibits entering closed sites without approval from the Dubai Culture and Arts Authority, or using sites and surrounding areas for activities that might be damaging in any way, such as dumping, storage, quarrying, or industrial, military, or hazardous uses.

Any excavation, construction, landscaping, or similar work requires approval from the Dubai Culture and Arts Authority in coordination with relevant authorities.

The Law also requires prior approval from the Dubai Culture and Arts Authority for exhibitions, auctions, and online trading of antiquities, as well as for importing artefacts without proof of lawful ownership and for the temporary or permanent export of artefacts for display, restoration, or analysis.

Under the Law, no person may carry out archaeological activities in Dubai without a permit from the Dubai Culture and Arts Authority.

The Executive Council of Dubai issues the decision regulating such activities, including the conditions and procedures for obtaining permits and the rights of licensed entities.

The Law requires any person or entity to obtain a no-objection certificate from the Dubai Culture and Arts Authority before undertaking major projects within areas that may actually or potentially hold archaeological sites. The Authority issues the certificate after confirming the area is devoid of antiquities, and in coordination with relevant entities in Dubai, determines which major projects require such approval.

All persons and entities subject to this Law must comply with its provisions within one year from its effective date. The Director-General of the Dubai Culture and Arts Authority may extend this window for a similar period if necessary.

Any provisions or legislation that conflict with this Law stand annulled. This Law is effective from the date of its publication in the Official Gazette.