The UAE Federal National Council (FNC) has approved a federal draft Cultural Heritage Law introducing prison terms of up to 10 years and fines of up to AED 10 million for offences against the country’s cultural heritage.
The FNC approved the draft law on 8 July 2026 following consideration of a report by its Committee on Education, Culture, Youth, Sports and Media Affairs.
The legislation aims to protect, document, preserve, manage and promote cultural heritage, while supporting cultural tourism, research and the transmission of heritage to future generations. It introduces new concepts including digital heritage and archaeological surveying, establishes responsibilities for the Ministry of Culture and introduces criminal penalties for 24 offences involving cultural heritage.
Digital heritage and archaeological surveying
One of the significant additions in the new framework is the formal recognition of “digital heritage”. Digital heritage includes digital materials and resources with cultural, historical, scientific, social, environmental or economic value, whether originally created in digital form or subsequently converted into digital formats.
The legislation also introduces the concept of “archaeological survey”, covering the exploration, documentation and recording of archaeological sites using scientific methods.
The recognition of archaeological surveying provides a specific framework for activities undertaken to identify and document archaeological sites. Persons and organisations undertaking archaeological exploration or excavation will therefore need to consider the applicable permit and authorisation requirements.
Reporting archaeological discoveries
The legislation introduces a reporting requirement in relation to newly discovered archaeological remains and other tangible heritage.
A person who discovers archaeological remains or other tangible heritage, or becomes aware of their existence, must notify the competent authority, the Ministry of Culture or the nearest police station within 48 hours. Authorities may also grant financial rewards to individuals who report such discoveries.
The requirement may be particularly relevant to developers, contractors and property owners whose activities involve excavation or construction.
Responsibilities of the Ministry of Culture
The draft law assigns the Ministry of Culture responsibility for developing legislation, policies and strategies for the protection of cultural heritage, in coordination with competent authorities and government entities.
Its responsibilities include implementing public awareness, media and tourism promotion programmes, supporting education and scientific research, and building national capacities in the cultural heritage sector.
The legislation also allow elements of UAE cultural heritage to be nominated for inclusion on regional and international heritage lists, subject to the Ministry’s approval and the procedures established by the executive regulations.
Controls on heritage-related activities
The Cultural Heritage Law establishes controls over activities affecting archaeological sites and tangible cultural heritage.
The most serious offences include deliberately damaging archaeological sites or tangible cultural heritage, theft, smuggling, and carrying out construction, alteration or relocation works without the required authorisation. These offences carry temporary imprisonment and fines ranging from AED 500,000 to AED 10 million.
The provisions are particularly relevant to development and construction activities. Where a project involves a heritage site or asset, the applicable authorisations and requirements should be identified before construction, alteration or relocation works are undertaken.
The legislation also addresses archaeological excavation. Conducting archaeological excavations without a permit is among the offences carrying imprisonment of up to 10 years and fines of up to AED 5 million.
Three-tier penalty structure
The legislation establishes a three-tier penalty structure covering 24 offences.
- First category: Deliberately damaging archaeological sites or tangible cultural heritage, theft, smuggling, and carrying out construction, alteration or relocation works without authorisation – temporary imprisonment and fines of AED 500,000 to AED 10 million.
- Second category: Unauthorised archaeological excavation, misuse of heritage sites, forged import/export documents, forgery of archaeological artefacts, negligence resulting in damage or loss of heritage assets, and intentionally insulting or harming cultural heritage – imprisonment of up to 10 years and fines of up to AED 5 million.
- Third category: Tampering with tangible heritage, trading in unlawfully removed antiquities, possessing counterfeit artefacts with intent to deceive, failure to register or maintain heritage assets, obstructing competent authorities, organising unauthorised heritage events, and failure to report archaeological discoveries -imprisonment of up to three years, a fine, or both.
Confiscation of heritage assets and equipment
In addition to imprisonment and financial penalties, the legislation provides for the confiscation of heritage assets involved in offences.
Equipment, machinery and other tools used in committing offences may also be confiscated, while preserving the rights of bona fide third parties.
This is particularly relevant to excavation, construction, removal and other activities involving physical dealings with cultural heritage. Enforcement consequences could therefore extend to machinery and other property used in carrying out the prohibited activity.
National policy on modern architectural heritage
The Cultural Heritage Law should also be considered alongside the UAE’s National Policy for Preserving the Modern Architectural Heritage of the United Arab Emirates, issued in 2024.
The policy recognises modern architectural heritage as an important part of the UAE’s national identity and tangible cultural heritage. It identifies the historical, architectural, social, economic and environmental values associated with significant architectural landmarks.
Its priorities include developing federal and local legislative frameworks, documenting and registering significant buildings and sites, strengthening governance and integrating heritage considerations into urban planning.
The Ministry of Culture has since established a National Register of Modern Architectural Heritage, reinforcing the UAE’s wider focus on the identification, documentation and preservation of culturally significant buildings and sites.
Practical considerations for businesses and property owners
The draft law is relevant to businesses and individuals whose activities may affect archaeological sites, tangible cultural heritage or culturally significant buildings.
For developers and property owners, heritage considerations may need to be identified at an early stage of a development project. Where a site may contain archaeological remains or involve a culturally significant building, the relevant requirements and approvals should be established before construction, alteration or relocation works commence.
Contractors and other parties carrying out excavation or construction activities should also have procedures for dealing with unexpected discoveries. The 48-hour reporting requirement makes timely notification an important consideration where archaeological remains or other tangible heritage are identified.
Businesses involved in archaeological research, excavation or surveying should ensure that the relevant permits and authorisations are obtained before undertaking regulated activities.
The proposed framework is also relevant to dealers, collectors and other parties involved in antiquities and heritage assets. The offences concerning unlawfully removed antiquities, counterfeit artefacts and forged import or export documentation underline the importance of verifying provenance, ownership and the legal status of heritage assets before acquiring, possessing, transferring or trading them.
Conclusion
The draft Cultural Heritage Law represents a significant development in the UAE’s framework for protecting and managing cultural heritage.
For developers, property owners, contractors and other businesses, the proposed requirements highlight the importance of obtaining relevant approvals, complying with reporting obligations and considering heritage issues when undertaking activities that may affect protected sites or assets.
Businesses potentially affected by the new framework should monitor the legislation as it progresses through the federal legislative process, including its final provisions, commencement arrangements and any subsequent executive regulations.