القانون الجنائي في الإماراتمرسوم بقانون اتحادي بإنشاء الجهاز الوطني لمكافحة المخدرات

Article (1) Definitions For the purposes of implementing the provisions of this Decree by Law, the following terms and expressions shall have the meanings assigned to each of them, unless the context requires otherwise: State : • The United Arab Emirates. Emirate : Any emirate of the State. Authority : National Drug Enforcement Authority (NDEA). President : The President of the Authority. Director General : The Director General of the Authority. Authority Personnel : Officers, non-commissioned officers, personnel of other ranks, and civilian employees working in the Authority. Officers : Any military personnel holding the rank of Lieutenant or higher.

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Federal Decree by Law of 2025 Regarding the Establishment of the National Drug Enforcement Authority (NDEA) 2 Non-commissioned Officers : Any military personnel holding a rank below that of an officer, but not lower than First Policeman. Enlisted Personnel : Any military personnel holding a rank below First Policeman. Civilians : Any person appointed to the Authority in a civilian capacity, or seconded or loaned to it in that capacity. Narcotics : Any natural or synthetic substance classified as a narcotic or psychotropic substance pursuant to the provisions of Federal Decree by Law No. (30) of 2021 referred to above, or any law that supersedes it. Addiction : A physical, psychological, or mental condition that arises as a result of a chemical interaction in the human body due to the use of narcotics, which harms the person’s physical or psychological health, and significantly affects their ability to make decisions regarding abstinence from or acquisition of narcotics. Competent Authorities : Local authorities competent for combating narcotics in the Emirate. Concerned Authorities : Competent authorities and federal and local government entities.

Article (2) The Authority 1. A federal authority called the “National Drug Enforcement Authority (NDEA)” shall be established pursuant to the provisions of this Decree by Law. It shall have all the competences necessary to achieve its objectives, enjoy legal personality and financial and administrative independence, possess the legal capacity to act, and shall report to the Cabinet. 2. The Authority shall replace the General Department of Anti-Narcotics at the Ministry of Interior with respect to all financial and legal rights and obligations, and all its assets and properties shall be transferred to the Authority. The Cabinet shall issue all resolutions

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Federal Decree by Law of 2025 Regarding the Establishment of the National Drug Enforcement Authority (NDEA) 3 necessary to transfer all rights, obligations, assets, and properties from the General Department of Anti-Narcotics at the Ministry of Interior to the Authority. 3. Personnel of the General Department of Anti-Narcotics at the Ministry of Interior designated by a resolution of the Cabinet, upon the proposal of the President, shall be transferred to the Authority without prejudice to their ranks, grades, and salaries, provided that their status is regularized in accordance with the regulations and rules in force at the Authority. Their service with the Authority shall be deemed continuous with their service at the General Department of Anti-Narcotics at the Ministry of Interior.

Article (4) Competences of the Authority 1. The Authority is the principal entity concerned with combating narcotics in the State, and, for that purpose, it may exercise the following competences and powers: a. Combat narcotics trafficking, track and apprehend narcotics smuggling and distribution networks, and refer involved persons to the competent judicial authorities, in coordination with the Competent Authorities and in accordance with the legislation in force in the State. b. Prepare and develop policies, strategies, and legislation related to narcotics and associated crime patterns and methods of combating them, and submit them to the Cabinet for approval in accordance with applicable legislation in the State. c. Coordinate with Concerned Authorities to monitor, inspect, and track persons, goods, and means of transport to combat the entry or exit of narcotics from the State, in accordance with the legislation in force. d. Monitor and track activities and operations suspected of being related to narcotics smuggling or trafficking, in coordination with the Competent Authorities.

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Federal Decree by Law of 2025 Regarding the Establishment of the National Drug Enforcement Authority (NDEA) 4 e. Propose and prepare controls and conditions for the circulation of chemical precursors used for non-medical purposes, and the procedures for obtaining authorization, methods for circulation and record-keeping, and customs clearance procedures related to such substances and chemical precursors, in coordination with Concerned Authorities, and submit them to the Cabinet for approval. f. Issue authorizations to bring in, import, export, manufacture, extract, separate, produce, possess, distribute, use, or traffic in chemical precursors used for non- medical purposes, in coordination with Concerned Authorities. g. Coordinate with Concerned Authorities to oversee medical and pharmaceutical establishments to prevent the unlawful sale or dispensing of medicines or medical products containing narcotics or psychotropic substances. h. Manage a platform for tracking narcotics and psychotropic substances, in coordination with Concerned Authorities. i. Follow up on the treatment and rehabilitation of addicts, in coordination with Concerned Authorities. j. Launch and organize awareness initiatives and campaigns related to combating narcotics and raise awareness of their harms and negative effects on individuals and society, in coordination with Concerned Authorities. k. Prepare and publish studies and research related to addiction and combating narcotics. l. Prepare studies on the impact of applying penalties related to possession, use, or trafficking of narcotics, and assess the need to tighten, mitigate, or replace such penalties with other measures, or to decriminalize certain uses of narcotics in light of these studies, and submit recommendations to the Cabinet. m. Hold conferences, seminars, and workshops related to the Authority’s scope of work, in coordination with the Concerned Authorities. n. Establish and organize a comprehensive database of information and data related to the Authority’s competences, in coordination with Concerned Authorities, and coordinate integration in the exchange of information and data.

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Federal Decree by Law of 2025 Regarding the Establishment of the National Drug Enforcement Authority (NDEA) 5 o. Coordinate with other States and international organizations for the exchange of information and expertise regarding narcotics smuggling operations and smuggling and trafficking networks, provided that such coordination is carried out with the Concerned Authorities and in line with the approved procedures in accordance with applicable legislation in the State. p. Propose accession to international treaties and agreements, and propose memoranda of understanding and partnership agreements with Gulf, regional, and international States, organizations, and bodies related to the Authority’s competences, in coordination with the Ministry of Foreign Affairs and the Concerned Authorities. q. Represent the State in regional and international organizations, exhibitions, and conferences in areas within the Authority’s competences, in coordination with the Ministry of Foreign Affairs. r. Any other competences conferred upon the Authority pursuant to the laws, regulations, or resolutions issued by the Cabinet. 2. The competences prescribed for the Authority pursuant to the provisions of this Decree by Law shall not prejudice the competences and powers of local government entities regarding combating crimes and narcotics and apprehending perpetrators, in accordance with applicable legislation in the State. 3. Subject to the provisions of Clause (2) of this Article, the competences prescribed for the Authority pursuant to the provisions of this Decree by Law shall not prejudice the powers of federal government entities regarding seizure of narcotics and apprehension of perpetrators of related crimes in cases of flagrante delicto and linkage to other crimes, in accordance with applicable legislation in the State.

Article (5) President of the Authority The Authority shall have a President with the rank of Minister, appointed by Federal Decree. The President shall exercise the powers conferred to him under this Decree by Law, related laws, and the regulations in force at the Authority, and including in particular the following tasks and powers:

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Federal Decree by Law of 2025 Regarding the Establishment of the National Drug Enforcement Authority (NDEA) 6 1. Approving policies, strategies, and draft legislation related to the Authority’s competences and submitting them to the Cabinet for approval. 2. Approving awareness initiatives and campaigns related to the Authority’s work. 3. Overseeing the implementation of plans, programs, projects, and activities supervised, managed, or implemented by the Authority, and issuing the necessary directives thereon. 4. Approving draft regulations and rules related to financial affairs, procurement, human resources, and the organizational structure of the Authority, and submitting them to the Cabinet for approval. 5. Proposing the formation of an Anti-Narcotics Council, a decision shall be issued by the Cabinet to form the council and determine its competences. The President may establish executive and advisory committees to support implementation of the Authority’s competences in accordance with the regulations and rules in force at the Authority. 6. Approving the Authority’s draft annual budget and final account and submitting them to the Ministry of Finance for inclusion in the unified budget and final account laws. 7. Concluding agreements and memoranda of understanding related to the Authority’s work, subject to applicable legislation in the State. 8. Appointing consultants and experts and terminating their services in accordance with the regulations and rules in force at the Authority. 9. Any other tasks or powers conferred by laws or regulations or assigned by the Cabinet. The President may delegate some of his tasks or powers to the Director General or to any senior employee of the Authority, provided the delegation is written and specific.

Article (6) Director General of the Authority The Authority shall have a Director General whose appointment and grade shall be determined by a Federal Decree upon the recommendation of the President. If the appointee is from the military cadre, their rank shall not be lower than Brigadier. The Director General shall assist the President and supervise the workflow in the Authority, and shall exercise the following tasks and powers: 1. Propose and prepare policies and strategies related to the Authority’s competences, its

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Federal Decree by Law of 2025 Regarding the Establishment of the National Drug Enforcement Authority (NDEA) 7 plans and programs, submit them to the President and supervise their implementation after approval. 2. Propose Draft Laws, Decrees, Executive Regulations and Resolutions related to the Authority’s competences and present them to the President to take necessary action. 3. Propose the organizational structure of the Authority and present it to the President to take necessary action. 4. Monitor the preparation of the Authority’s draft annual budget and final account, submit them to the President; and oversee the implementation of the budget execution within allocated appropriations. 5. Appoint employees and terminate their services in accordance with the rules in force at the Authority. 6. Conclude contracts in which the Authority is a party, in accordance with the regulations in force at the Authority. 7. Open and manage bank accounts on behalf of the Authority within the State, in accordance with the regulations and rules in force at the Authority. 8. Supervise the subordinate organizational units, enable them, monitor their achievements and performance results, and propose necessary systems and procedures to improve and develop performance. 9. Prepare proposals related to launching or participating in initiatives, campaigns, and programs relevant to the Authority’s work, and submit them to the President. 10. Represent the Authority before all entities within or outside the State, in its relations with third parties and before the judiciary, in accordance with powers conferred to them. 11. Submit periodic and annual reports on the workflow in the Authority and present them to the President. 12. Any other tasks or powers conferred to the Director General pursuant to laws or regulations or assigned by the President. The Director General may delegate some of their tasks or powers to any senior employee of the Authority, provided that such delegation is written and specific.

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Article (7) Authority Personnel Authority personnel shall consist of the following categories: 1. Officers, non-commissioned officers, and enlisted personnel appointed to, seconded or loaned to the Authority from the Ministry of Interior, the police, and the security forces in any Emirate of the State. 2. Civilians appointed to, seconded or loaned to the Authority, in accordance with the regulations and rules in force at the Authority. 3. Military or civilian personnel working in any police or security force in any Emirate of the State may be transferred to the Authority after approval of the competent authority of their employing entity. Transfer shall be affected by decision of the President upon the recommendation of the Director General. Their service period with the Authority shall be considered continuous with their prior service at the entity from which they were transferred. 4. Arming of Authority personnel shall be determined by decision of the President upon the proposal of the Director General, within the limits required by the nature of their work.

Article (10) Applicable Legislation in the Authority 1. By way of exception to any provisions in any other law, the Cabinet, upon the proposal of the President, shall issue all financial and administrative regulations and rules, including the Authority’s human resources regulations. The Cabinet shall also approve the Authority’s organizational structure upon the President’s proposal. 2. The Authority’s human resources regulations shall determine the conditions of appointment, military ranks, job grades, promotion and advancement systems, training, controls for determining seniority, and all provisions related to discipline and termination of service of Authority personnel. 3. The President, upon the proposal of the Director General, may grant rewards to Authority personnel, both military and civilian, in accordance with the regulations in force at the Authority and within the limits of its approved budget. 4. Decisions and regulations in force at the General Department of Anti-Narcotics at the Ministry of Interior shall continue to apply, provided that they don’t conflict with the provisions of this Decree by Law, until they are superseded. 5. Subject to Clauses (1) and (4) of this Article, and where no specific provision is made in this Decree by Law, the federal government’s human resources, financial, contractual, accounting, and procurement legislation in force shall apply to the Authority. 6. The pension and retirement systems in force at the Ministry of Interior shall apply to the Authority personnel. 7. Notwithstanding the preceding Clause and any other law, the Cabinet may issue a Resolution to apply any other pension and retirement laws or systems to all or some of the Authority personnel.

Article (14) Final Provisions and Repeals 1. Article (3) of Federal Decree by Law No. (30) of 2021 Regarding Combating Narcotic Drugs and Psychotropic Substances, is hereby repealed. 2. The “Authority” shall supersede the “Ministry of Interior” with respect to the competences assigned to the Ministry under Federal Decree by Law No. (38) of 2024 Regarding Medical Products, the Pharmacy Profession, and Pharmaceutical Establishments. 3. The phrase “Ministry of Interior” shall be replaced with “National Drug Enforcement Authority,” and the phrases “Minister of Interior” and “Chairman of the Drug Enforcement Council,” shall be replaced with “President of the Authority” wherever they occur in Federal Decree by Law No. (30) of 2021 Regarding Combating Narcotic Drugs and Psychotropic Substances as amended. 4. Any provision that contradicts or conflicts with the provisions of this Decree by Law is hereby repealed.

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