Overview of the Council’s Legislative and Regulatory Framework

Establishment and Legal Status

Tawazun Council for Defence Enablement was established pursuant to Federal Decree-Law No. (31) of 2022 as a legal entity enjoying financial and administrative independence and possessing full legal capacity to exercise its functions, activities, and objectives in accordance with the provisions of the Decree-Law and its implementing regulations.

The Council is considered the supreme authority, responsible for regulating, monitoring, managing, coordinating, planning, and organizing military and defense procurements and industries in the country.
(Article 4 of Federal Decree-Law No. 31 of 2022).

Main Role & Mandates

To ensure optimal use of national resources and strengthen the sovereignty of national decision-making, Article 4 of Federal Decree-Law No. 31 of 2022 outlines the Council’s roles and Mandates, which include:

  1. Managing military procurement and tender processes, organizing all related administrative, technical, contractual, and financial aspects, and establishing regulations and product/service inspection controls.
  2. Enhancing financial planning and expenditure control to achieve spending efficiency and safeguard public
    funds.
  3. Licensing economic activities related to military and defense industries, and regulating the import and export of military technologies and products.
  4. Organizing and funding research and development and technology transfer projects, and establishing and managing research centers in cooperation with universities and national institutions.
  5. Developing and approving standards for military and defense industries, and establishing the necessary
    centers and laboratories for testing, inspection, analysis, and evaluation.
  6. Organizing and managing defense offset programs in the military industries sector, supporting technology transfer, enhancing local content, and developing national exports.
  7. Developing specialized industrial zones for military and defense activities and related complementary
    activities.
  8. Coordinating with educational and training entities to attract and qualify specialized national technical talent
    in the sector.
  9. Proposing legislation, policies, and initiatives that enhance the competitiveness and sustainability of the
    military and defense industries sector in the count.
 
Legal Representative of the Council:
The Council is represented by the Secretary-General in dealing with any third parties and before the judiciary. (Article 10 of Federal Decree-Law No. 31 of 2022).
 
Council’s Funds and Tax Exemptions:
The Council’s funds are considered public funds, and the Council and all its subsidiaries are exempted from all federal and local taxes and fees in the country. (Article 26 of Federal Decree-Law No. 31 of 2022).

 

Safety, Quality, and Compliance

The Council has adopted the National Safety, Quality, and Compliance Program, which includes quality marks and conformity certificates granted to products that meet military and defense industry standards. (Article 13 of Federal Decree-Law No. 31 of 2022).

The Council has the authority to accredit laboratories and specialized centers for testing, analysis, and evaluation,
and to approve national or international standards and ensure products comply with quality and safety requirements. (Article 13 of Federal Decree-Law No. 31 of 2022).

The Council is the exclusive owner of the intellectual property rights of the quality marks and conformity certificates
it issues and has the right to grant, renew, suspend, or revoke them in accordance with approved regulations. (Article
14 of Federal Decree-Law No. 31 of 2022).

Oversight and Institutional Regulation

To ensure compliance with the provisions of the Decree-Law, the Council is granted several powers, including requiring violators to correct infractions, revoking certificates, or destroying non-compliant products. (Article 18 of Federal Decree-Law No. 31 of 2022).
 
Granting Judicial Authority to Certain Council Employees:
Certain Council employees are authorized, by decision of the Minister of Justice and in agreement with the
Secretary-General of the Council, to act as judicial officers to document violations of the Decree-Law and its
implementing regulations. (Article 24 of Federal Decree-Law No. 31 of 2022 .

Confidentiality and Information Protection

All information, documents, and data presented to the Council are considered confidential, and disclosure or access is prohibited except as required to perform the Council’s tasks or with the Secretary-General’s approval, ensuring protection of the country’s supreme interests and safeguarding industrial and defense security. (Article 31 of Federal Decree-Law No. 31 of 2022 .