Draft Heritage Law Proposes Dh10 Million Fines, Jail for Damaging Cultural Treasures

The UAE Federal National Council (FNC) has approved a new federal draft law on cultural heritage that introduces strict penalties, including fines of up to Dh10 million and imprisonment, for offences involving the destruction, theft, illegal excavation or smuggling of the country’s heritage assets.

The legislation aims to protect, document, preserve and promote the UAE’s cultural heritage while ensuring it is safeguarded for future generations. It was approved during the FNC’s 13th session of the third ordinary term, chaired by Speaker Saqr Ghobash at Zayed Hall in Abu Dhabi on Wednesday, July 8.

The session was attended by Sheikh Salem bin Khalid Al Qassimi, Minister of Culture. The council also approved amendments to a federal draft law on combating communicable diseases in the presence of Ahmed bin Ali Al Sayegh, Minister of Health and Prevention.

The proposed heritage law applies across the UAE, including free zones, and covers tangible, intangible, natural and digital heritage. It seeks to strengthen the role of cultural heritage in sustainable development plans, promote heritage and cultural tourism, and integrate national heritage into the daily lives of citizens and residents.

The draft law introduces new definitions for digital heritage and archaeological surveys.

Digital heritage refers to digital materials and resources of cultural, historical, scientific, social, environmental or economic value that contribute to the UAE’s memory and identity. These include materials created digitally or converted into digital formats.

Archaeological surveys are defined as activities aimed at exploring, documenting and registering archaeological sites on land, underground, or within the UAE’s territorial and internal waters.

The legislation also classifies historical architectural heritage as fixed material heritage dating from 1700 to 1960. Buildings constructed after 1960, including schools, hospitals, museums and industrial sites with cultural significance, are categorised as modern architectural heritage.

It also extends protection to underwater heritage, including archaeological sites, shipwrecks and aircraft submerged within UAE territory.

Under the proposed law, anyone who discovers or accidentally finds an antiquity or heritage item, or becomes aware of its existence, must avoid touching or moving it and notify the competent authority, the Ministry of Culture or the nearest police station within 48 hours.

Authorities may provide an appropriate reward to individuals who report such discoveries within the specified timeframe.

The draft law provides for temporary imprisonment and fines ranging from Dh500,000 to Dh10 million for those who intentionally damage heritage assets or antiquities through demolition, destruction, defacement or removal.

The same penalties apply to those who steal or unlawfully possess heritage items, carry out construction, demolition or infrastructure work at heritage sites without approval, or smuggle heritage objects into or out of the country.

If the offender is the owner of the heritage property or item, this may be treated as an aggravating circumstance.

A prison sentence of up to 10 years and fines ranging from Dh300,000 to Dh5 million may apply to individuals who conduct unauthorised excavations, use heritage sites as dumping grounds, submit false documents for the movement of antiquities, forge artefacts with the intention to deceive, or deliberately insult or degrade material or intangible heritage.

Less serious violations may attract imprisonment of up to three years and fines between Dh100,000 and Dh5 million, or either penalty. These offences include moving heritage items without approval, trading materials extracted from heritage sites, placing advertisements on heritage locations or antiquities, failing to register heritage items in possession, neglecting their preservation, obstructing officials, or organising heritage-related events without permits.

Courts will also order the confiscation of heritage items linked to offences, as well as equipment and tools used in committing the crimes, while protecting the rights of third parties acting in good faith.

 
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