UAE Criminal LawFederal Decree by Law No. (24) of 2023, On Combating Human Trafficking

Article (1) Definitions In applying the provisions of this Decree-Law, the following words and expressions shall have the meanings assigned to each of them, unless the context otherwise requires: The State : United Arab Emirates. Competent Authorities : Competent Federal Authorities. Concerned Entities : Local Concerned Entities. Human Trafficking : Crime set forth in Article (2) herein. Child : Every human being born alive who has not reached (18)

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Federal Decree-Law of 2023 on Combating Human Trafficking 2 eighteen years old (Gregorian Calendar). An Organised Criminal Group (OCG) : A group composed of at least (3) three persons, acting in concert with the aim of committing any of the crimes set forth herein in order to directly or indirectly obtain a financial or other benefit. A Crime of a Transnational Nature (CTN) : A crime shall be of a transnational nature if it is committed in more than one state, or committed in one state, yet it was prepared, planned, directed, supervised in another state. A Crime of a transnational nature may also be a crime committed in one state by an organised criminal group engaging in criminal activities in more than one state, or any crime committed in one state and consequences thereof impacted other state. Funds : Assets, regardless of the method of acquisition, type and form, material or moral, movable or immovable, electronic, digital or encrypted, including the national currency, foreign currencies. In addition to legal documents and instruments of any form, including the electronic or digital form that prove the ownership of those assets, shares or rights related thereto. As well as the economic resources that are considered assets of any type, including natural resources, bank credits, checks, payment orders, stocks, securities, bonds, bills of exchange, letters of credit. Moreover, any interest, profits, or other income derived or arising from these assets and can be used to obtain any financing, goods, or services. Proceeds : Funds, directly or indirectly, generating from committing

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Federal Decree-Law of 2023 on Combating Human Trafficking 3 any of the crimes set forth herein. This shall include profits, concessions, economic interests and any similar funds whether fully or partially transferred into other funds. Victim : Every natural person who has suffered material or moral damage as a result of one of the criminal acts punishable in accordance with the provisions hereof.

Article (2) The Crime of Human Trafficking 1. Whoever do any of the following shall be deemed to have committed a human trafficking offence: A. Whoever sells, offers to sell or purchase, promises to sell or purchase, recruits, uses, conscripts, transports, deports, shelters, hands over, or receives one or more persons whether within the state or across national borders thereof; and employs force, threat, coercion, abduction, fraud, deceit, abuse of authority, misuse of influence, or exploitation of vulnerability with the intent of exploitation. B. Whoever gives or receives sums of money or benefits to obtain the consent of a person who has control over another person for the purpose of exploiting the latter. 2. Shall the victim be a child or an incapacitated person, even if any of the cases set forth in Clause No. (1) of this Article are not provided, this shall be deemed a human trafficking. 3. The forms of exploitation set forth in this Article shall include all forms of sexual exploitation, exploitation of others for prostitution, forced labour, the removal of human organs or tissues, forced service, slavery, begging, or practices similar to slavery or servitude.

Article (4) Procedures of Investigations and Trial The following measures and procedures shall be taken at all stages of collecting evidence, investigation, and trial of human trafficking offence: 1. Informing the victim and witness of the legal rights thereof in a language they understand, while providing them with the opportunity to express legal and social needs thereof. 2. Presenting the victim to medical authorities to receive psychological or physical treatment if it becomes apparent that the victim is in need of that or based on request thereof. Moreover, the victim shall be admitted to a medical or psychological rehabilitation centre if necessary. 3. The victim shall be lodged in an accommodation centre if the victim is found to need that. 4. Providing the necessary security protection for the victim and witness whenever they are in a need thereof. 5. Keeping the foreign victim or witness in the country if the investigation or trial requires this based on an order from the Public Prosecution or the Court, as the case may be. 6. Appointing an attorney by the court for the victim based on the victim request to file a civil claim for compensation for the damage, and the state shall bear the fees thereof as contained in the Penal Code. 7. Considering the provision of educational assistance to the victim, especially children and persons with disabilities, if necessary. 8. In all cases, the court shall take measures to ensure that victims and witnesses are protected and not influenced in accordance with the provisions of the Law on the Protection of Witnesses and the like.

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Federal Decree-Law of 2023 on Combating Human Trafficking 5 Crimes and Penalties

Article (7) Aggravating Circumstances in Human Trafficking Offence The penalty shall be life imprisonment and a fine of not less than (5,000,000) five million Dirhams if the human trafficking offence is committed in the following cases: 1. If the victim is a child, a disabled person, an incapacitated person, or a pregnant woman; 2. If the offence is committed through death threat, serious harm, physical or psychological torture, or if the perpetrator is carrying a weapon. 3. If the perpetrator founds or manages an organised criminal group or r is a member thereof, or participates in its activities with knowledge of objectives thereof. 4. If the perpetrator is the victim spouse, one of ascendants or descendants thereof, or has authority over the victim. 5. If the perpetrator is a public servant or someone assigned to do a public service who exploits position thereof or the duties assigned thereto in committing the offence; 6. If the offence is a crime of a transnational nature. 6. If the offence resulted in a terminal illness or a permanent disability for the victim. 7. If the perpetrator has previously been convicted of a human trafficking offence; or 8. If the victim dies.

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Federal Decree-Law of 2023 on Combating Human Trafficking 6

Article (9) Coercion to Give False Testimony or Conceal Testimony Whoever, uses force or threats, offers a gift or benefit of any kind, or promises something of the same, to induce another person to give false testimony or conceal a matter, or make statements or Incorrect information before any judicial authority, Competent Authorities, or Concerned Entities in procedures related to the commission of any of the crimes set forth herein, shall be punished with temporary imprisonment for a period of not less than (5) five years. The penalty shall be temporary imprisonment for a period of not less than (10) ten years if the act was committed by a public servant or a person assigned to do a public service by exploiting the authority of position or capacity thereof.

Article (19) Exemption from Punishment 1. Any perpetrator who takes the initiative to inform the Judicial or Competent Authorities or Concerned Entities of knowledge thereof about the crime before being committed in a way leading to discover the crime before occurrence, arrest perpetrators, or prevent completion thereof, shall be exempted from the penalties set forth herein. 2. If the perpetrator reports after the crime has occurred, the perpetrator may be exempted from the penalty or the penalty may be reduced provided that the perpetrator enables the Competent Authorities or Concerned Entities during the investigation to arrest other perpetrators of the crime. The provisions of this clause may not be applied if the crime results in the death of the victim or causing a terminal illness or a permanent disability thereto.

Article (25) Competencies of The National Committee to Combat Human Trafficking The Committee shall do the following: 1. Develop a comprehensive national strategy to combat human trafficking, and prepare plans, programmes and mechanisms for the implementation thereof in coordination with the Competent Authorities and Concerned Entities in the state. 2. Study and propose updating legislation and regulations related to human trafficking issues in order to achieve the required protection for victims and witnesses in accordance with international requirements. 3. Create a database that includes international legislation relevant to the human trafficking offence, means and methods of trafficking, and studies related thereto. 4. Prepare reports on the measures taken by the state to combat human trafficking in coordination with the Competent Authorities and Concerned Entities in the state. 5. Study international, regional, and local reports related to the prevention of human trafficking and take the necessary actions and measures in this regard. 6. Coordinate with the Competent Authorities and Concerned Entities to ensure the protection and support of human trafficking victims, including a care and rehabilitation programme to help victims integrate into society. 7. Raise awareness about the issues related to human trafficking. 8. Hold conferences, seminars, publications, training, and other activities to achieve the goals of the committee. 9. Participate with the Competent Authorities and Concerned Entities in international conferences and forums related to combating human trafficking, and convey the state point of view in international forums. 10. Develop appropriate mechanisms for identifying victims in human trafficking cases. 11. Any other competences entrusted thereto by the Cabinet.