UAE Criminal LawFederal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters

Article (1) Definitions For the purpose of applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: State : United Arab Emirates. Ministry : Ministry of Justice. Minister : Minister of Justice. Competent Court : Competent Court of Appeal. Central Authority : The competent department of the Ministry. Competent Judicial Authority : A court having the jurisdiction to hear an international judicial cooperation procedure, or the Public Prosecution. Foreign Judicial Authority : A competent judicial authority of a foreign state, or an international judicial authority established under an effective convention to which the State is a party or under a binding international resolution. Requesting State : A foreign state that requests a judicial cooperation from the State's authorities. Requested State : A state that is requested to execute a judicial cooperation. Person Sought : Any person whose extradition or provisional arrest is requested on the grounds of an indictment or criminal judgment rendered against him by a foreign judicial authority. Fugitive Wanted : Any person who is wanted from abroad on the grounds of an indictment or criminal judgment rendered against him by the State's courts. Convict to be Transferred : Any person who is convicted by the State's courts or

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Federal Law of 2006, On International Judicial Cooperation in Criminal Matters 3 courts of a foreign judicial authority by a final and enforceable judgment of a custodial sentence. State of Conviction : A state in which a conviction judgement is rendered and from which the convict is to be transferred. State of Enforcement : A state to which the Convict is transferred to serve a sentence imposed on him or any remaining period thereof.

Article (7) Conditions for Extradition The extradition of wanted persons shall be subject to the following requirements: 1. The crime for which extradition is sought must be punishable under the laws of the Requesting State by deprivation of liberty for at least a period of 1 year or by a more severe penalty. 2. The act for which extradition is sought, if committed within the territory of the UAE, must constitute a crime that is punishable by deprivation of liberty for a period of at least 1 year or by a more severe penalty. 3. Where the request for extradition relates to a person wanted for the execution of a sentence entailing deprivation of liberty awarded in connection with an offence for which extradition is sought, extradition shall be granted only if a period of at least 6 months remains to be served on the sentence. 4. In determining whether or not the act for which extradition is sought is punishable under the laws of both States, it shall not matter whether the act is placed within the same category, is denominated by the same terminology or has different constituent elements.

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Article (9) Bases for the Denial of Extradition Extradition shall not be granted in any of the following circumstances: 1. If the person to be extradited is a citizen of the UAE 2. If the law of the UAE provides jurisdiction to the Competent Judicial Authorities over the offense for which extradition is sought 3. If the offense concerning the request is a political offence or an offence connected with a political offence. Political offences, however, do not include acts of terrorism, war crimes, genocide, crimes against the person of the Head of State or a member of his family, the Deputy Head of State, a member of the Supreme Council or a member of his family, Prime Minister, or any person enjoying State protection as well as crimes against State utilities and essential interests 4. If the offense for which extradition is sought is an offense of a military character 5. If there are substantial grounds for believing that the request for extradition has been made for the purpose of prosecuting or punishing a person on the grounds of race, religion, nationality, or political opinion or that the person's position would be prejudiced for any of those reasons 6. If the Person to be Surrendered is under investigation or prosecution in the UAE for the same offence for which extradition is requested 7. If the Person to be Surrendered has been tried and acquitted or convicted for the offense for which extradition is requested and has completed his sentence 8. If final judgment has been passed by the courts of the UAE in respect of the offense for which the person's extradition is requested 9. If the prosecution or the execution of the sentence for the offense identified in the request

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Federal Law of 2006, On International Judicial Cooperation in Criminal Matters 6 for extradition would be time-barred 10. If the person whose extradition is requested has been, or would be subjected in the Requesting State to torture or inhumane or degrading treatment or a harsh penalty incompatible with the offense or if that person has not received the minimum guarantees in criminal proceedings

Article (11) Procedure for Submission of Request for Extradition and Supporting Documents An extradition request shall be submitted in writing through the diplomatic channels and shall be referred to the Central Authority, accompanied by the following details and documents translated to Arabic, and signed and stamped by the Central Authority of the Requesting State, pursuant to its law: 1. Name and descriptions of the Person Sought and his photos, if any, together with any other details that may help in identifying his identity, nationality and place of residence; 2. The text or copy of the legal provision applicable to the crime and the prescribed penalty thereof in the Requesting State; 3. The international arrest warrant issued by the judicial authority of the Requesting State; 4. A statement of the case facts issued by the foreign competent judicial authority, showing the crime type, acts attributed to the Person Sought and date and place of their

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Federal Law of 2006, On International Judicial Cooperation in Criminal Matters 7 commission, or a copy of the investigation reports if the request is related to a person under investigation; and 5. A statement or an official copy of the judgment of conviction indicating the type of crime, acts attributed to the Person Sought, the sentence imposed and evidence that the judgment is enforceable if the request is related to a person sentenced."

Article (15) Detention of Person Sought in Case of Urgency In case of urgency, the Attorney-General or his delegate may, upon a warrant of arrest issued by a foreign judicial authority, order to detain the Person Sought for (60) days until the extradition request is received. The Attorney-General may, on his own accord, or his delegate, or at the request of the Persons Sought, within the said period, order to release him under the guarantees determined by him. The release of the Person Sought shall not preclude his subsequent re-arrest or imprisonment for (60) sixty days when receiving the extradition request. In all cases, the Attorney-General or his delegate may order to arrest the Person Sought for fear of his escape, without being bound by the time limits referred to in the previous Paragraph.

Article (19) Procedure for Deciding Requests for Extradition The Competent Court shall hear the request for extradition in closed session in the presence of the Public Prosecution and the Person to be Surrendered and his lawyer, if applicable, and shall then decide the request after hearing the Public Prosecution and the defense. Where, at his appearance before the Court, the Person to be Surrendered declares his consent to be extradited and the legal conditions for extradition are fulfilled, the Court shall, after informing the person of the legal consequences of his consent, formally acknowledge his consent in writing and return the documents to the Attorney General for application of Article 13 of this Law.

Article (27) Competing Requests for Extradition When there are competing requests for the extradition of the same person, the Minister shall determine to which State the person will be extradited initially, taking into account the obligations arising from bilateral and multilateral agreements in force and the circumstances of each case, specifically: 1- The gravity of the offence and the degree of incompatibility with the interests or security of a particular State 2- Place and time of commission of the offence 3- Nationality of the Person to be Surrendered Where all or some of those circumstances exist, extradition will be given to the State whose request for extradition has priority having regard to the assistance afforded by the Requesting State in corresponding circumstances

Article (28) Non-Receipt of the Person Sought If the Requesting State does not receive the person in respect of whom extradition has been ordered within 30 days of being notified of the decision, the person will be released and may only be subsequently surrendered to it under a fresh decision Where exceptional circumstances prevent the surrender or take over of the person sought within the above time limit, the Requesting State shall be notified in order to fix a final deadline for surrender approved by the Competent Judicial Authority. The person shall be released after that deadline and no request for his extradition may be subsequently made in respect of the same offense or offenses for which the extradition was sought In all cases, a person who is to be extradited may not be kept in custody for more than 60 days

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Article (29) Rule of Specialty For the purpose of carrying out extradition, the Requesting State shall not surrender the person sought to a third State or charge, prosecute, sentence or detain him for an offense committed prior to extradition other than the one for which his extradition is granted and related offenses, except: - 1. Where the person extradited, having had the opportunity to leave the territory of the State to which he has been surrendered, has not done so within 30 days of being notified of the conclusion of the proceedings requiring his presence in that State, or has voluntarily returned to that State after having left it. 2. Where the Minister consents. The Requesting State will be required to present a new request in the manner specified in Article 11 of this Law, accompanied by a judicial record of the statement and defense of the person sought

Article (33) Procedures for Making a Request for Obtaining the Extradition of Fugitive Wanted and Attachments The Attorney-General or his delegate may request the Central Authority to communicate with the Central Authority of the foreign state to obtain the extradition of persons sentenced to custody for no less than (6) six months or any severer penalty, or those who are accused of crimes punishable by law with a custodial sentence not less than one year or a severer penalty. The request for obtaining the extradition of the accused or convict shall be made in writing by the Public Prosecution and shall be dated, signed and stamped by the Public Prosecution and the Central Authority. The request shall show the full description and information of the Fugitive Wanted, facts for which the extradition is requested, the legal characterization of the crime subject of the extradition, the legal provisions applicable thereto and the legal basis of the extradition request. The request, together with the supporting documents and papers, shall be communicated by the Central Authority to the Requested State through the diplomatic channels, and shall be translated into the language of the foreign judicial authority or any other language acceptable thereto, unless otherwise stipulated by the conventions.

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Article (38) Surrender of Property When a request for extradition is granted, the Attorney General or person delegated by him shall surrender, to the Requesting State, all property which has been acquired by the person sought as a result of the offense or used by him in the commission of the offence, or which may be required as evidence, and was in the possession of the Person to be Surrendered at the time of his arrest or was subsequently discovered, unless its possession would constitute a crime in the UAE. This obligation is subject to the rights of bona fide third parties The Attorney General or person delegated by him may defer surrender of such property if required in connection with ongoing judicial or administrative proceedings in the UAE

Article (41) Supervised Surrender Subject to the rules of jurisdiction under law, the Attorney General shall legally permit property whose possession is an offence or which has been acquired as a result of an offense or has been used in the commission of an offense to enter or exit the UAE without being seized or to be replaced in whole or in part under the supervision of the competent authorities at the request of a Foreign Judicial Authority and in accordance with such conditions as may be agreed whenever this would enable the identification of its source or lead to the arrest of the perpetrator The permission mentioned in the preceding paragraph shall not be granted if its execution would violate the sovereignty, security, public policy, public morals or harm the environment of the UAE

Article (41) Controlled Delivery Without prejudice to the rules of jurisdiction established by the law, the Attorney-General may permit that items the possession of which constitutes a crime, or which are proceeds of crime or are used as a tool in committing a crime, pursuant to the provisions of law, pass out of or into the State without being seized or replaced, in whole or in part, under the control of the competent authorities, at the request of a foreign authority, in accordance with the conditions to be agreed on, as long as the aim is to identify and trace the destination of such items or arrest the crime perpetrator. The transit permit shall be issued by the UAE Attorney- General in respect of crimes that fall, as per the origin, in the competence of the Federal Judiciary. In all cases, the permit referred to in the preceding Paragraph may not be issued if the implementation thereof would compromise the sovereignty or security of the State, public order, public morals or environment.

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Article (43) Forms of Judicial Assistance In the event of receiving a request from a foreign judicial authority for assistance in carrying out a judicial procedure in the State regarding a crime punishable in the Requesting State, which falls within the jurisdiction of its judicial authorities, the competent judicial authority may render the requested assistance if essential for initiating judicial proceedings in a criminal action being heard by the foreign judicial authority. The judicial assistance shall include in particular: 1. Identification of persons and their whereabouts; 2. Interrogation of persons; 3. Bringing detained persons to give their testimony before foreign judicial authorities; 4. Notification of judicial documents; 5. Seizure of stuff and searching persons and places; 6. Providing information and evidence; 7. Providing original documents and records or certified copies thereof; and 8. Attachment and freezing of property of all types."

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Article (45) Provisional Measures in an Urgent Situation In case of urgency, the Competent Judicial Authority shall, upon written request from a Foreign Judicial Authority and prior to satisfying the requirements for the request for judicial assistance, direct that provisional measures be taken to protect threatened legal interests or to secure prosecution evidence or documents which are likely to be lost or tampered with Those measures will be suspended if the Foreign Judicial Authority fails to fulfill the requirements for execution of the request within the time period specified by the Competent Judicial Authority unless the Foreign Judicial Authority requesting the assistance provides good cause

Article (46) Details of the Assistance Request and Attachments A request for judicial assistance shall be made in writing by the foreign judicial authority to the Central Authority, and it, together with other attached documents, shall be dated, signed and stamped with the seal of the requesting party. It shall contain the type of the case, the requesting party, the requested party and all detailed information related to facts of the case, the applicable legal provisions and the procedures to be adopted, particularly the following: 1. Names and places of residence of witnesses and the questions to be addressed to them; 2. Questions to be addressed to persons requested to be interrogated;

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Federal Law of 2006, On International Judicial Cooperation in Criminal Matters 19 3. A statement of property, documents or papers requested to be inspected; and 4. Any details of persons for whom investigation and information gathering are requested, and attaching a proof of their identity (if any). The request shall be accompanied by all the necessary papers and documents translated into the Arabic language and signed and stamped by the Central Authority of the Requesting State, pursuant to its law, unless otherwise stipulated by the conventions to which the State is a party.

Article (52) Transfer of Detained Witnesses Subject to Article 63 of this Law, when a request is made by a Foreign Judicial Authority for a person in custody in the UAE to appear as a witness or expert in order to give testimony or statements before its judicial authorities with his prior consent, the Foreign Judicial Authority shall be obliged to keep him in custody and return him as soon as practicable or within such time period as specified by the UAE The UAE may refuse to transfer a person in custody in any of the following cases: 1. When compliance with the request would be incompatible with the sovereignty, security or public policy of the UAE 2. When his presence is required for criminal proceedings in progress in the UAE 3. When his transfer to the Foreign Judicial Authority would prolong his term of custody 4. When his transfer would place his life or the life of his family members at risk

Article (53) Cases of Assistance Refusal A request of judicial assistance may be refused in the following cases: 1. If the act on which the request is based does not constitute a crime if it is committed in the State's territory; 2. If the request execution is against the State's sovereignty or security, public order or

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Federal Law of 2006, On International Judicial Cooperation in Criminal Matters 21 other basic interests of the State; 3. If the request is related to a political crime or associated with a political crime; 4. If there are substantial grounds that the request for assistance is submitted for the purpose of prosecuting a person on account of his race, gender, religion, nationality, ethnic origin or political opinions, or if his position may be prejudiced for any of those reasons; 5. If the request is related to a crime under consideration in an ongoing investigation or prosecution in the State or if the prosecution in his regard in the foreign judicial authority is inconsistent with the principle of non-permissibility of prosecuting a person for the same crime more than once; 6. If the criminal action arising from the act has been terminated for any of the reasons provided for in the State's Law or the Law of the Requesting State; and 7. If the requested judicial assistance requires the execution of severe compulsory measures inconsistent with the Laws in force in the State, pertaining to the crime for which the assistance is requested.

Article (60) Request for Assistance Information and Supporting Documents Requests for judicial assistance shall be made in writing by the Competent Judicial Authority and, together with the supporting documents, shall bear the date, signature and seal of the Requesting Party. The documents shall be translated into the language of the Foreign Judicial Authority or any other language acceptable thereto The request shall include a case description, the Requesting Party and the Requested Party, all details pertaining to the facts of the case, relevant texts of law and the measures to be taken, specifically: 1. Name and place of residence of witnesses and the questions to be posed to them. 2. List of questions for the persons who are to be questioned. 3. Description of property or documents to be inspected or reviewed. 4. Any further information required to obtain evidence on the basis of oath, proof or any mode required to be used or necessary in order to execute the request. The request shall specify any time limit within which compliance with the request is desired.

Article (63) Immunity of Witnesses and Experts before the Judicial Authorities Where the purpose of judicial assistance is to have a witness, expert or accused appear before a judicial authority, he may not be prosecuted, detained or subjected to any restrictions on his personal liberty on account of criminal offenses or convictions preceding his departure from the territory of the Requested State. Nor may he be prosecuted, detained or punished on account of his testimony or expert report A witness or expert who fails to answer a summons to appear, service of which has been requested, shall not by reason thereof, be liable to any penalties or be subjected to any coercive measures notwithstanding any contrary statement contained in the summons The immunity provided for in the preceding two paragraphs shall cease when the witness or expert, having had for a period of 30 consecutive days from the date of being notified in writing by the party who summoned him that his presence was no longer required, an opportunity of leaving, has nevertheless remained in the territory of the State, or having left it, has voluntarily retuned The period does not include any time during which the witness or expert was unable to leave the territory of the UAE for reasons beyond his control

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Federal Law of 2006, On International Judicial Cooperation in Criminal Matters 25 Chapter Four Transfer of Convicted Persons Section One Transfer of a Convicted Person to a Foreign State

Article (64) Conditions for the Transfer of a Convicted Person to a Foreign State The Attorney General shall, in compliance with an agreement to which the UAE is party, approve a request by a Foreign Judicial Authority to transfer a convicted person detained at a penal institution in the UAE by virtue of a criminal sentence issued by the courts of the UAE, subject to the following conditions: 1. The offence for which the sentence was given being punishable by a penalty entailing deprivation of liberty under the laws of the Executing State. 2. The sentence being final and enforceable. 3. The convicted person being a citizen of the Executing State. 4. The convicted person agreeing to his transfer. If the convicted person is unable to express himself in writing, approval shall be given by his lawyer, spouse or relative up to four times removed. 5. The remaining time to serve before the expiration of a sentence entailing deprivation of liberty being not less than 6 months at the time of communication of the transfer request. Nevertheless, the Minister may, in coordination with the Minister of the Interior, decide at his own discretion and under exceptional circumstances, to approve the transfer if there are less than 6 months remaining to serve on the sentence. 6. The Executing State bearing the expenses related to the transfer of the convicted person.

Article (67) Procedure for Submission of Transfer Request A request for the transfer of a convicted person shall be made in writing by the Executing State in Arabic or on the basis of an Arabic translation. The request shall include details of the convicted person, documents proving his nationality, his place of residence and detention in the Requesting State in addition to an undertaking to waive special amnesty rules with respect to him The authorities of the UAE may submit a request for a convicted person detained in the UAE to be transferred to the State of his nationality A convicted person may personally or through his lawyer request that he be transferred to serve a sentence imposed on him by a UAE court in the State of his nationality

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Article (68) Transfer Request Information and Supporting Documents The transfer request shall be accompanied by the following information and documents, translated into the language of the Executing State and duly attested by the relevant authorities: 1. Copy of the judgment of conviction, attested by the competent authority 2. Statement containing essential information regarding the remaining time to be served on the sentence including the period of remand in custody ordered in the case and any information on the identity of the convicted person and his conduct before and after pronouncement of the judgment of conviction 3. Convicted person's written consent to the transfer request in the manner required by