القانون الجنائي في الإماراتقانون اتحادي في شأن مكافحة الجرائم الإرهابية

Article (1) In the application of the provisions of this law, the following words and phrases shall have the meanings set forth against them respectively, unless otherwise provided herein: State : United Arab Emirates. Government : Federal Government and Governments of The Emirates. Competent Court : Federal Court and the courts of any Emirate of the State.

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 3 Competent Prosecution : Competent Prosecution in crimes relating to State Security Service. Terrorist Crime : Every act or abstain from doing any act by virtue of this law. It also includes every act or abstain from doing any act represents a misdemeanor or felony, by virtue of in any other law, if committed for a terrorist purpose. Terrorist Purpose : The offender's intention to act or abstain from doing any act; deemed as unlawful, in order to cause a terrorist consequence, whether directly or indirectly. It also includes the offender's awareness that committing such act or abstaining from the same may cause a terrorist consequence. Terrorist Consequence : Any act of terrifying people, threating their lives, causing physical damage for the same, causing gross damage to any property or to the environment. It also includes any breach to the security of local or international community, any act taken against the State, any attempt to influence the work of public authorities in the State, or in a foreign country or organization. Moreover, it includes any privileges or liens granted by the State or by a foreign country or organization. Terrorist : A group of two or more persons, acquires legal personality by

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 4 Organization virtue of law, or exists as a de facto. It commits, participates directly, threatens, intends, plans, attempts, promotes or incites to commit a terrorist crime; whatever the name of this group, its status, the place where it locates, exists or practices its activity; or the nationality of its members or their places of residence. Terrorist : Every person belongs to a terrorist organization, and commits, participates directly, threatens, intends, plans, attempts, promotes or incites to commit a terrorist crime. Conventional Weapons : Firearms, Ammunitions and Explosives provided in applicable Laws concerning the same. Nonconvention al Weapons : Any device designed or prepared to cause death or serious harm to humans or other organisms, or destruction to properties, or harm to the environment. It also includes any attempt to disseminate, launch or spread any of the following: 1. Toxins or Toxic Chemicals. 2. Pathogenic Biological Agents. 3. Radiation and Radioactivity. This definition shall be applicable to constituent parts and materials that enter into manufacturing of Nonconventional Weapons as well as machinery, tools, or equipments that are used in manufacturing, preparing, processing, releasing or launching the same.

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 5 Internationally Protected Persons : 1. Kings and heads of other countries, including any member in the assembly that performs the duties of the head of state under the constitution of the same. This definition also includes heads of governments, foreign ministers and their accompanying families, during their existence in the State. 2. Public officials or representatives of other countries or any intergovernmental organization during the period specified for their protection, under international law, as well as their accompanying families. Nuclear, Chemical or Biological Facilities : Includes any nuclear reactor, any facility or means of transport used for producing, storing, processing, using, handling, transferring or disposal of radioactive materials, toxins, toxic chemicals or pathogenic biological agents. Funds : Assets whatsoever their nature is, whether material or immaterial, moveable or immoveable; including national currency, foreign currencies, documents and instruments proving acquisition of these assets or any right related thereof; whether in electronic or digital form. Proceeds : Any property, directly or indirectly, gained from or related to commission of any of the offences provided herein; and any interests, dividends or other revenues arising or generated from

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 6 the same. Freezing : Temporary restriction on the legal and physical disposal of property, imposed by virtue of an order by Central Bank, Attorney General or the competent court, in pursuance of the provisions of this law. Forfeiture : Expropriation of property in the interest of the public treasury by a judgment. Financial Institutions : Banks, finance companies, exchange establishments, financial and cash brokers or any other financial institution, whether publicly or privately possessed, licensed by Central Bank to carry on business within the State. Other Financial, Commercial and Economic Institutions : Establishments licensed and monitored by authorities other than Central Bank; such as insurance establishments and security markets .... etc. Counseling Centers : Administrative departments that aim to guide and reform dangerous terrorist or those convicted of committing terrorist crimes.

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 7 Chapter Two Scope of Application

Article (3) 1. provisions of this law shall be applicable to every person who commits a crime of terrorism outside the State , in any of the following cases: a. If a crime has been committed against the State , or one of its citizens , employees , authorities , public funds or public facilities abroad, including embassies , consulates , missions or affiliate offices. b. If a crime has been committed for the purpose of influencing the State's sovereignty or enforce the same to act or abstain from taking a specific action. c. If a crime has been committed on board of one of the State's means of transport, whether registered in the same or carrying its flag. d. If a crime has been prepared for commission in the territory of the State. 2. The provisions of this law shall be applicable to every foreigner found in the territory of the State after committing one of the offenses set forth herein against other country, or one of the offences contained in an effective international agreement in which the State is a party. Such provisions shall be applicable in the event that such foreigner has not been extradited.

Article (7) 1. Whoever manufactures, prepares, furnishes, imports, exports, gets in or out the State, processes, acquires or deals in nonconventional weapons, or transfers, or attempts to transfer the same via mail, or any means of transport, for a terrorist purpose, shall be punished by life imprisonment. 2. Whoever embezzles or steals nonconventional weapons or attempts to obtain the same

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 9 through using force, threat, deception, fraud or extortion, for a terrorist purpose, shall be punished by life imprisonment. 3. Whoever attempts to use nonconventional weapons, for a terrorist purpose, shall be punished by death or life imprisonment. In the case that the offender uses such nonconventional weapons, the penalty shall be death.

Article (13) 1. Whoever abducts, seizes or detains a person, or imprisons the same as a hostage, or deprives the same of his/her freedom by any way, for a terrorist purpose, shall be punished by life or provisional imprisonment for a term not less than seven years. 2. Penalty shall be death or life imprisonment in the following cases: a. If such crime has been committed via assuming public personality, claiming to be commissioned with a public service or assuming false identity. b. If such crime has been committed via resorting to deception, violence, threat of death, grave harm or acts of physical or mental torture. c. If such crime has been committed by two or more persons or by a person carrying a weapon. d. If the period of abduction, arrest, seizure or deprivation of freedom exceeds twenty- four hours. e. If the victim is a female. f. If the victim is a minor, insane, imbecile or disabled. g. If such crime has been committed by assaulting on a public officer while performing his duties or because of the same. h. If the offender uses violence to deter public authorities while releasing a hostage. i. If such act results in wounds or injuries to a person. 3. The penalty shall be death if such act results in the death of a person. 4. Whoever conceals an abducted person, despite of being aware of such abduction, shall be sentenced with the same punishment of the original doer.

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 11

Article (17) 1. Whoever commits , for a terrorist purpose, one of the offences, set forth in First Clause of Articles (190), (290) and (297); or in First and Second Clauses of Article (339); or in Articles (202), (301), (302), (337), (338) and (348) of Penal Code, shall be punished by life or provisional imprisonment.

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 12 2. Whoever commits, for a terrorist purpose, one of the offences, set forth in First Clause of Articles (189), (196) and (336); or in Second Clause of Articles (190 ) and (193) of Penal Code, shall be punished by life or provisional imprisonment for a term not less than five years. 3. Whoever commits, for a terrorist purpose, one of the offences, set forth in First Clause of

Article (21) 1. Whoever establishes, institutes, forms, manages or takes over the leadership of a terrorist organization, shall be punished by death or life imprisonment. 2. The court shall adjudicate such terrorist organization to be dissolved in addition to closing its headquarters and branches. 3. The court shall order to forfeit all weapons, properties and seized assets owned by or allocated to such terrorist organization, or exist in the headquarters and branches of the same. Moreover, it shall forfeit all properties appear to be a part of the properties of a convicted person if there are sufficient evidences or proofs that such funds is, in fact, a resource dedicated to finance such terrorist organization. If it becomes not possible to forfeit such funds, the court shall impose a fine equivalent to the value of the same, without prejudice to the rights of third parties acting in good faith.

Article (28) 1. Whoever participates in a criminal conspiracy, whether for the purposes of committing a terrorist crime or as way to get to the intended purpose of the same, shall be punished by provisional imprisonment for a term not less than ten years. 2. Whoever has a relation to such criminal conspiracy shall be punished by life imprisonment. 3. Whoever calls another person to join such criminal conspiracy, while such call has been rejected, shall be punished by provisional imprisonment. 4. If the purpose for such criminal conspiracy is to commit a terrorist crime or to serve as way to get to the intended purpose while the penalty imposed in such case is lighter than the penalties set forth in the foregoing clauses, a more severe penalty should not be imposed for the same. 5. The court may decide to exempt from such penalties, set forth in the first three clauses, the perpetrators who inform competent authorities of any information related to such criminal conspiracy and its perpetrators before committing the same. Chapter Four Crimes of Terrorism Financing

Article (29) The following persons shall be punished by life imprisonment or a provisional imprisonment for a term not less than ten years: 1. Whoever provides, collects, prepares or maintains funds, or facilitates obtaining of the same despite of being aware that such funds would be used, partially or completely, in committing terrorist crimes. 2. Whoever provides, collects, prepares or maintains funds for a terrorist organization or person, or facilitates obtaining of the same despite of being aware of the reality of such

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 16 terrorist organization or person. 3. Whoever gains, takes, operates, invests, possesses, transfers, deposits, saves, uses or disposes of any funds, or accomplishes any banking, financial or commercial transaction despite of being aware that such funds, whether partially or completely, are obtained from a terrorist crime, or owned by a terrorist organization, or prepared so as to finance the same .

Article (30) Whoever commits the following crimes, despite of being aware that such funds, whether partially or completely, are obtained from a terrorist crime; or owned by a terrorist organization; or owned illegally by a terrorist person; or prepared so as to finance the same, shall be punished by life or provisional imprisonment for a term not less than ten years, as follows: 1. To transfer, deposit or exchange such funds so as to conceal or hide their true origin, source or illegal purpose. 2. To conceal or hide the true origin, source, location, way of disposition, movement, ownership or related rights of such funds. 3. To gain, possess, use, operate, deposit, invest, exchange or deal in such funds so as to conceal or hide their true origin, source or illegal purpose. Chapter Five Crimes of Supporting Terrorist Activities

Article (31) 1. Whoever collaborates with a terrorist organization, despite of being aware the reality and purposes of the same, shall be punished by life or provisional imprisonment for a term not less than five years. 2. Whoever helps terrorist persons to achieve their purpose, despite of being aware the reality and purposes of the same, shall be punished by life or provisional imprisonment

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 17 for a term not less than five years . 3. The penalty shall be death or life imprisonment if the actor, in the foregoing clauses, is a member in the armed forces, police, security, or has previously received military or security training.

Article (32) 1. Whoever provides a terrorist organization or a terrorist person with conventional or nonconventional weapons, or other substances that endanger the lives or properties of people, despite of being aware of the purposes of the same, shall be punished by death or life imprisonment. 2. Whoever provides a terrorist organization or a terrorist person with details pertaining to missions, true or false documents, communication facilities, tools, information, advice, housing, shelter, a place for meetings or other facilities that would help such terrorist organization or terrorist person to achieve their purposes, despite of being aware of the same, shall be punished by life or provisional imprisonment. 3. Whoever conceals, damages, steals or embezzles a document or an instrument, whether written or electronic, so as to prevent detection of a terrorist crime or establishment of proofs in respect of the same.

Article (34) 1. Whoever promotes or supports; whether orally, in writing or in any other way, any terrorist organization, terrorist person or terrorist crime, despite of being aware of the

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 18 same, shall be punished with life imprisonment a fine of not less than (AED 2,000,000) two million dirhams and not exceeding (AED 4,000,000) five million dirhams. 2. Whoever commits the following act, shall be punished with life imprisonment a fine of not less than (AED 2,000,000) two million dirhams and not exceeding (AED 4,000,000) five million dirhams: a. To obtain, as an actor or a mediator, any instruments, publications or record- ings of any kind; including promotion or support to any terrorist organization, terrorist person or terrorist crime, which are prepared for distribution or in- forming others of the same, despite of being aware of the same. b. To obtain or possess any mean of printing, recording or broadcasting; whether used or prepared to be used even if temporarily, to print, record or broadcast any of the foregoing, despite of being aware of the same.. Chapter Seven Terrorism-Related Crimes

Article (37) 1. Whoever assaults on one of those in charge of enforcing the provisions of this law during the performance of his/her duties or because of the same; or resists by force or violence; or threats of the same, shall be punished by life or provisional imprisonment. 2. the penalty shall be life imprisonment if such assault or resistance results in permanent disability; or if the offender carries a weapon; of if one of those in charge of implementing the enforcement of this law, his/her spouse, ascendants, descendants, relatives or cognates within the second degree has been seized or abducted by the same. 3. The penalty shall be death if such assault, resistance, seizure or abduction results in death of a person.

Article (39) Unless otherwise specifically provided herein, all misdemeanors or felonies provided in Penal

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 20 Code or any other law shall be deemed as terrorist crimes if committed for a terrorist purpose. The penalty shall be as follows: 1. If the prescribed penalty for such crime is imprisonment, it shall be doubled to the maximum term of the same. 2. If the prescribed penalty for such crime is provisional imprisonment for a term less than fifteen years, it shall be imposed for a term equal to the same. 3. If the prescribed penalty for such crime is provisional imprisonment for the maximum term of the same, it shall be replaced by a term of twenty years, or life imprisonment. 4. If the prescribed penalty for such crime is life imprisonment, it shall be replaced by death. Section Three Special Substantive and Procedural Provisions Chapter One Special Substantive Provisions

Article (41) 1. The court may , at the request of the prosecution , order to subject dangerous terrorists ,

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 21 for a period determined by the court , to one or more of the following measures: a. Travel ban. b. Monitor. c. Prohibiting residence in a particular place or area. d. Limiting residence to a particular place. e. Prohibiting access to particular places or areas. f. Preventing contact with a particular person or persons. 2. The court shall follow-up the application of such measurements. The prosecution shall, every three months, submit periodic reports in respect of the same to the court. 3. The court may order to deactivate, amend or reduce the term of such measurements, at the request of the prosecution or the subjected person. If the request of the subjected person has been rejected, he/she is not entitled to submit another request except after three months of the same. 4. If the subjected person breaches such measurements, he/she shall be punished by a provisional imprisonment for a term not more than one year.

Article (54) 1. Attorney General, or his authorized representatives of public attorneys, shall be entitled to order a direct access or peruse of any data or information relating to accounts, deposits, trusts, safe boxes, transfers, movements of funds which the prosecution has sufficient evidences that such funds has been used for financing a terrorist organization, terrorist person or a terrorist crime. The prosecution also has sufficient proofs that such funds has been used, prepared for use, gained or obtained from a terrorist crime. For revealing such truth, it becomes necessary to obtain such data or information held by Central Bank or any other financial, commercial or economic institution. 2. Attorney General, or his authorized representatives of public attorneys, shall be entitled to impose a travel ban on a terrorist person, if necessary.

Article (57) 1. A person against whom a decision of Attorney General is issued, pursuant to the provisions of Articles (55) and (56), and Second Clause of Article (54) herein, shall has the right to file a grievance before the court. In the case that such grievance has been rejected, the grievant is entitled to submit a new grievance after three months from the date of rejecting such grievance. 2. Such grievance shall be submitted in a form of a report before the competent court and the president of the court shall determine a date for adjudicating such grievance taking into account to inform the grievant of the same. The prosecution shall submit a memorandum commenting on such grievance. Accordingly, the court shall decide on such grievance within a period not exceeding fourteen days from the date of filing the same, whether by canceling the decision of Attorney General, amending or rejecting such grievance.

Article (61) Central Bank and other financial, commercial and economic institutions, as well as the boards of directors, personnel and lawfully authorized representatives of the same shall not be held liable for any liability, whether criminal or civil, which may arise from the execution of the orders and decisions relating to freezing of accounts or seizure of funds, deposited in such institutions, or in the case of non-observance of any restriction relating to maintaining the confidentiality of information in the execution of the provisions hereof, unless such procedures had been taken with bad faith. Section Four Administrative Measures to Combat Terrorist Crimes Chapter One National Committee for Combating Terrorism

Article (63) 1. Council of Ministers may, at the request of Minister of Presidential Affairs; issue a list includes all terrorist organizations or persons threating the security of the State, which should be included in international list in respect of the same. 2. A resolution by Council of Ministers shall determine the provisions in respect of inserting,

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Federal Law No. (7) of 2014 Combating Terrorism Crimes 27 removing or reinserting terrorist organizations in such list, as well as the legal consequences of the same. Such resolution shall determine competent authorities, as well as the rules of filing grievances in respect of the same. A person whose name is inserted in such list shall has the right to file a grievance in respect of the same. If the grievant has not received any comment within sixty days from filing such grievance, the grievant is entitled to challenge the decision of insertion within sixty days from the date of rejecting such grievance or delay of the comment thereof. 3. Such resolution shall determine the rules and methods of reviewing such List of Terrorist Organizations provided that such review shall be accomplished periodically on annual basis. Section Five Final Provisions