Dubai: The draft federal law on cultural heritage, approved by the Federal National Council (FNC), proposes a comprehensive legal framework to protect the UAE’s tangible and intangible cultural heritage, introducing 24 offences punishable through a three-tier system of penalties.

The legislation aims to safeguard cultural heritage and antiquities from damage, loss, smuggling, forgery and other practices that threaten their historical and cultural significance, while ensuring their preservation for future generations.

Penalties of up to AED10 million

Under the draft law, the most serious offences carry temporary imprisonment and fines ranging from AED500,000 to AED10 million.

These offences include:

  • Deliberately damaging tangible heritage or antiquities through demolition, destruction, distortion, removal or relocation.
  • Carrying out acts that harm heritage sites or antiquities.
  • Stealing, concealing or unlawfully seizing tangible heritage or antiquities.
  • Conducting construction, demolition, maintenance, alteration, infrastructure works, planting or excavation activities affecting heritage sites without the required permit.
  • Smuggling tangible heritage or antiquities into or out of the country.

The draft law considers offences committed by the owner of a heritage asset to be an aggravating circumstance.

Up to 10 years in prison

The law proposes imprisonment of up to 10 years and fines ranging from AED300,000 to AED5 million for offences including:

  • Excavating antiquities without a permit.
  • Using heritage sites or antiquities as dumping grounds for waste, rubble or debris.
  • Submitting incorrect documents or information to import or export heritage items or antiquities.
  • Forging or imitating antiquities with the intent to deceive.
  • Failing, as a custodian, to report damage, distortion or loss of heritage items.
  • Deliberately committing acts that distort, ridicule or undermine tangible or intangible heritage.

Fourteen other violations subject to penalties

The draft law also provides for imprisonment of up to three years, fines ranging from AED100,000 to AED5 million, or both, for a range of other violations.

These include:

  • Removing or relocating heritage assets without approval.
  • Buying or selling materials removed from heritage sites with knowledge of their origin.
  • Possessing counterfeit heritage items intended for fraud.
  • Violating conditions related to neighbouring properties adjacent to heritage sites.
  • Placing advertisements or signs on heritage assets or antiquities.
  • Failing to register heritage assets within prescribed deadlines.
  • Neglecting the preservation, maintenance or restoration of heritage assets.
  • Obstructing authorised officials from carrying out their duties.
  • Organising heritage-related conferences, festivals or events without a permit.

Confiscation of heritage items

The draft legislation also provides for the confiscation of tangible heritage involved in offences, along with any tools, machinery, equipment or means used in committing the crime.

Courts may order confiscated items to be handed over to the competent authority for disposal, without prejudice to the rights of bona fide third parties.

The proposed law is designed to strengthen the protection of the UAE’s cultural heritage, reinforce compliance with preservation requirements and establish stronger deterrents against violations affecting the nation's cultural and historical assets.