UAE Enacts Federal Decree to promote the Arts Sector

Whilst the Decree is evidently aimed at promoting the arts in the UAE, artistic activities remain strictly controlled by the State. Practicing any artistic activity without a license is prohibited.

Art and Art Collection

The Decree defines “Art” as “the product of human creativity and talent that reflects one's emotions, inner sentiments or expresses one's perceptions, whether in an audible, visual, or written form”. The definition is clearly aimed at the visual arts and the performing arts. 

Defining the (visual) arts is notoriously difficult because art takes so many forms that resist classification, especially from the early 20^th century onwards when artists started experimenting with new media and art forms.  The (in)famous disputes between artist Brancusi and US Customs in 1928 and between London gallery Haunch of Venison and the English Revenue in 2009 over light art by Dan Flavin and video art by Bill Viola are cases in point.  The definition emphasizes human creativity and artistic intent, accordingly flat art, sculpture, calligraphy, religious manuscripts and books, and jewellery are covered.  Collectibles items of zoological, botanical, mineralogical, anatomical, palaeontological, ethnographic or numismatic interest do not appear to be covered.  Utilitarian objects are probably not covered either unless they were designed by an artist. AI art seems to be excluded because it is machine-produced, rather than “the product of human creativity”.  

The definition of “Art Collection” is significantly broader.  It includes “all tangible production in the field of arts, including contemporary and digital arts, those produced using advanced technology, including original copies, samples, models, documents, charts, photographs, films, records of paintings, sculptures, images, objects, collectibles, artifacts, coins, tools of any kind or expression method, having artistic value”.  Utilitarian objects and collections of objects of zoological, botanical, mineralogical, anatomical, palaeontological, ethnographic or numismatic interest seem to be covered by this definition.

The Decree provides that “activities related to antiquities are outside the scope of this Decree”.  “Antiquities” are regulated by Federal Law No. (11) of 2017 and are defined as “movable or immovable object produced, built, manufactured, sculptured, written, drawn, photographed, modified, engraved or populated by humans, naturally formed in the territory of the State before one hundred years, or discovered on the land surface, underground or in the local or territorial waters as far as it constitutes a unique or rare historical, artistic, scientific, literature, religious, natural, architectural, construction, or any other value which impacts the humanity or reflects a civilized development aspect of the State […] and human, animal or plant remains of rare or unique value dated back more than 600 Gregorian years”.  Accordingly, art, antiques and collectibles more than 100 years old are not covered by the Decree, nor are collections of zoological, botanical, anatomical and ethnographic pre-dating 1424.  

The fact that artistic expression of different periods are covered by different laws could be problematic for collections spanning several centuries.  Items less than 100 years old are covered by the Decree whereas older artifacts are covered by the Federal Law No. (11) of 2017. This is complicated by the fact that under Federal Law No. (11) of 2017, “national antiquities” are, in principle, owned by the Emirate on the territory of which the antiquity is located.   However, the Federal Law indicates that private individuals can own national movable antiquities, subject to numerous restrictions.  Foreign antiquities (items of more than 100 years old) are not subject to the Federal Law but are they covered by the more recent Decree?

Understandably, there is a special law applicable to art and antiques owned by the Emirates.  For the rest, different laws applying different rules to art, antiques and collectibles items owned by private individuals creates artificial distinctions that could be interfere with the establishment of private museums in the UAE that the recent Decree is meant to encourage.    

Art Institutions

Central to the Decree is the introduction of “Art Institutions”, defined as private, non-profit entities dedicated to permitted artistic activities and licensed by the competent authority.

What qualifies as “Artistic Activity” is outlined by the Decree and refers to “one or more activities related to the arts sector, including but not limited, to visual, auditory, performing, literary, theatrical, and musical arts, whether material, visual, digital, or technological, presented or made available to the public through private museums, centers, art exhibitions whether permanent or temporary theatrical performances, creative shows, or any other forms”.

The definition is aimed at covering the broad spectrum of visual and performing arts. 

An Art Institution cannot engage in commercial activity.  Activities such as catering and gift shops, if available on the premises of the Art Institution, will have to be carried out through a separate commercial entity. 

The provision of educational services seems to be allowed, even if the Art Institution charges for the services, provided that any revenue is used to further the objectives of the institution.

Charging an entry fee is not expressly authorised. However, if charging for educational services is acceptable, entry fees are probably acceptable too provided that the revenue is used to further the institutions’ objectives.  

Licensing Authority

Licensing is delegated to the local authority appointed to license Art Institutions or the Ministry of Culture in the Emirate where there is no local authority.

A Central Electronic Register will be available at the Ministry of Culture where all licensed Art Institutions will be recorded.  The Decree does not say whether the Central Register will be publicly available.

Licensing process

The Art Institution must adopt Articles of Association setting out, in particular:

• The Artistic Activities it wishes to engage in;
• Its objectives;
• Its financial resources;
• The composition of the Board of Trustees.

An Art Institution must wait to commence its activities until it has been granted its licensing certificate, its license has been published in the Federal Official Gazette and it has been included in a Special Register maintained by the Competent Authority.

Governance

Once it has been licensed, an Art Institution acquires separate legal personality. It is financially and administratively autonomous, it can conclude contracts in its name and own movable and immovable property. Art Institutions are allowed to accept endowments, grants, donations and sponsorships. They are also allowed to accept gifts-in-kind but apparently only from the founders, not from other donors

An Art Institution is not free to adopt its own by-laws.  The Decree will be followed by implementing regulations (not available yet) setting out the process for appointing the Chairman of the Board of Trustees and his/her powers, the mechanism for convening board meetings, quorum and voting.

To ensure the integrity of the sector, the Decree outlines strict governance and accountability measures. The Ministry of Culture, alongside local authorities, is tasked with supervising Art Institutions to ensure compliance with the law.

Art Institutions must submit annual reports detailing their activities, finances, and performance evaluations. Any deviation from their stated objectives or engagement in unlicensed activities could lead to penalties, dissolution, or liquidation, as determined by the competent authorities.

Foreign Cultural Institution

A foreign cultural institution can establish a branch in the UAE and apply for a license to run an Art Institution if it complies with the Decree and it is not-for-profit. 

Conclusion

Federal Decree by Law No. 29 of 2024 establishes a regulatory framework for not-for-profit, private art institutions in the UAE.  The Decree is a sign of commitment to the cultural sector.  It encourages private investment in the arts through the establishment of cultural foundations.  The approach is conservative: the Decree adopts the traditional Middle Eastern licensing model, where foundations operate under close supervision from the State.  We must now await the implementing regulations to assess whether art foundations will be given a degree of autonomy in how they manage themselves, or they must fit within a rigid framework dictated by the State.