General UAE Legal Questions LawCabinet Resolution No. (74) of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions

Article (1) Definitions In applying the provisions hereof, the following words and phrases have the meanings assigned to each of them, unless the context requires otherwise:

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 2 Country : The United Arab Emirates Council : Supreme Council for National Security (SCNS) Ministry : The Ministry of Foreign Affairs and International Cooperation Competent court : Court having jurisdiction over state security offences Office : The Executive Office…

Article (2) Functions of the Supreme Council 1. The Council, for the purposes of implementing the provisions hereof, shall have the following functions: a. Prepare a Local List or more, proposing therein the designate, de-list, or update persons and terrorist organization, on its own initiative or based on request made from another state, as the State being internationally committed to Designate them therein to. b. Coordinate with other state to designate persons or terrorist organization in their local terrorist lists. c. Raise a proposal of designating persons or organizations into the Sanctions Committee. d. Raise a request for de-listing persons or organizations from the Sanctions List,…

Article (3) Proposal for Designation and Updating in Local Terrorism Lists Subject to Clause (2) of Article (2) of this resolution, the Council coordinates with whomever it deems appropriate in the state and abroad to obtain information on identifying terrorist persons and organizations that meet the classification criteria for the purpose of preparing a proposal for designation into the local lists in accordance with the following procedures: 1. The Council, individually and without prior notice to the designated, prepares a Local List or more, proposing therein the designate persons and terrorist organization, or based on request made from another state, if the Council satisfied with the r…

Article (4) Delisting from the Local Terrorist Lists The Council de-list the name of the person listed in the local terrorist lists according to the following procedures: 1. The Council shall refer its conclusions concerning the delisting from the Local Lists, to the Ministry of Presidential Affairs in the cases where the Council deems that the information or evidence don’t require designation, and after validation that the grounds that necessitated the designation have disappeared. 2. The Ministry of Presidential Affairs shall present the proposal of delisting of the name of the designated person form the local terrorist lists to the Cabinet to pronounce its decision to approve of refuse. 3…

Article (5) Entering into Force and Dissemination of the Local Terrorism Lists 1. The decisions of designation, re-designation and de-listing from local terrorist lists as well as the updating in such lists shall enter into force from the date of their issuance or from the date set by the Council of Ministers, and such decisions shall be published in the Official Gazette. 2. The decisions of designation in and de-listing from local terrorist lists as well as the re- listing in such lists shall be published in the audio-visual and print media both in Arabic and in English, in accordance with the regulations established by the Council.

Article (6)

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 8 Procedures of the Grievance to the Decisions of Designation in the Terrorism Local Lists Whomever designated in the Local List shall submit grievance according to the following procedures: 1. The applicant shall personally or through his legal representative submit the grievance request in writing to the Office in accordance with the mechanism established by the Office, attaching therewith all supporting documents. 2. The Of…

Article (7) Cancellation of the Funds Freezing Procedures and Other Measures in case the Names are Similar to those Designated in the Local Lists and those Affected by them Anyone against whom the freezing measures and other measures have been taken due to has a name similar to the one designated in the local terrorist lists, and whoever affected by these procedures may cancel them according to the following: 1. Submit, personally or through his legal representative, a request to cancel the freeze or any other measures taken against him in writing to the Office, accompanied by all the supporting documents. 2. The Office shall refer the request to the Council for study; they shall have the ri…

Article (8) Permitting the Use of Frozen Funds Pursuant to Local Lists 1. Anyone, who is designated in the local terrorist lists, shall have the right to, personally, or by his legal representative, and whoever has an interest, submit a written request for permitting use of the frozen funds pursuant to the Local Lists decision to the Office to refer it in turn to the Ministry of Justice, attaching therewith all supporting documents. 2. The Ministry of Justice examines the request, its grounds and the amounts required, and it may reduce its value or reject it based on justified reasons. 3. The Ministry of Justice, after coordinating with the Council, shall approve the request for permitting t…

Article (9) Request for Designation into the Terrorist Lists of Another State Subject to Clause (2) of Article (2) hereof, the Council may unilaterally request the designation of the name of a person or organization that meets the classification criteria pursuant to Security Council Resolution No. 1373 (2001) into the terrorist list of another state, by taking the following actions: 1. Communication by diplomatic means or the approved security channels with the state of which that person or organization holds the nationality, or in which he resided or resides, to obtain, as far as possible, the information supporting the designation request. 2. The designation request shall include as much i…

Article (10) Proposing Designation in Sanctions Committee Subject to Clause (2) of Article (2) hereof, if it is satisfied with the reasonable grounds or sound basis for suspicion or belief that the person or organization meets the classification criteria for designation, the Council may, individually and without prior notice, propose the designation of a person or organization in the relevant sanctions list, by submitting its proposal to the relevant Sanctions Committee, as an entity pursuant to resolutions 1988 (2011), 1267 (1999), 1989 (2011), 2253 (2015) and 2231 (2015) for naming and subsequent decisions, observing the specified classification criteria, and using standard forms for the d…

Article (11) Functions of the Office The Office - as a national Focal Point-, for the purposes of implementing the provisions hereof, shall have the following functions: 1. Take the necessary measures to implement the Security Council resolutions in accordance with the requirements thereof, in particular the resolutions concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the Related Resolutions, without delay and without prior notice to the designated. 2. Circulate the updated local terrorist lists and sanctions lists list on the Office website without delay. 3. Notify the person listed on the sanctions list residing in the state of his…

Article (12) Disseminating the Sanctions List and Local Terrorist Lists and Applying the Decisions Issued in their Regard

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 15 1. The office shall disseminate the Sanctions List and the local terrorist lists, by sending them by any means that it deems appropriate to the supervisory authorities, financial institutions, and specific non-financial businesses and professions for the implementation of the freezing decision, and law enforcement…

Article (13) Declared Procedures Related to the Sanctions List The Office shall explain the procedures for submitting requests to de-list names from the Sanctions List on its official website, these procedures include the following: 1. Advice the listed person under the relevant Security Council resolutions to submit a petition request to the Ombudsman or the Focal Point directly when he wishes to de-list his name from the List, as the case may be, provided that it shows the steps of the request submission process as follows: a. Submit a request to the Focal Point or the Ombudsman, as the case may be, to verify it and to coordinate with the concerned states, and to present it to the relevant…

Article (14) 1. The Office submits a request to de-list the name of the deceased person designated in the Sanctions Lists and the local terrorist lists, as well as the designated organization that has no longer had an actual existence or activity, to the Ombudsman or the Focal Point, as the case may be, accompanied by the death certificate of the individual and any information indicating that the organization has no longer had actual presence or activity. 2. The Office shall take the necessary measures, in coordination with the concerned authorities, to verify that the funds that were in the possession of the designated person are not transferred to others whose names are designated in the S…

Article (15) Freezing of Funds under the Sanctions List and the Local Terrorist Lists 1. Any person; without delay and without prior notice; shall freeze funds under the Sanctions List and the Local Lists without limiting them to those that can be used in a specific act, conspiracy, threat or agreement related to terrorism and its financing or the proliferation of armaments and its financing, and the freeze includes the following: a. Funds owned or controlled in whole or in part, directly or indirectly, or owned or controlled in whole or in part, directly or indirectly, by a person or organization acting on behalf of the designated or working under its direction. b. Funds acquired or resulti…

Article (16) 1. The implementation of the Freezing Order, pursuant to Security Council’s resolutions 1718 (2006) and 2231 (2015) shall not prevent adding to the frozen accounts any payments due under contracts, agreements or obligations agreed upon prior to the date

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 18 of these accounts being subject to the provisions of this decision, provided that Office be reported about such payments. 2. In all cases, the procedures stipulated in Sec…

Article (17) The implementation of the Freezing Order, pursuant to Security Council’s resolutions 1737 (2006), effective under resolution 2231 (2015) and 2231 (2015) shall not prevent the Designated person or organization from being entitled to any payables as per contract made before the date of designation in the Sanctions List; in accordance with the following terms: 1. Office determines that the contract is not related to any of the clauses, materials, equipment, goods, technologies, assistance, training, or any financial assistance, investment, brokerage, or prohibited services referred to in Security Council resolution 2231 (2015) and any subsequent future resolutions. 2. Office determ…

Article (18) Cancellation of the Funds Freezing Procedures and other Measures in case the Names are Similar to those Designated in the Sanctions List The De-freezing mechanism and other measures taken against persons or organizations holding similar names to individuals or entities included in the Sanctions List shall be in accordance with the following

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 19 1. Whomever had their funds frozen, shall submit, personally of by his legal repre…

Article (19) Permitting the use of Frozen Funds Pursuant to the Sanctions List

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 20 1. The office may approve the request to use the frozen funds under the Sanction List, in the following cases: a. To pay necessary expenses for the listed individual whose funds are frozen, i.e. amounts paid for food, rent, mortgage, medicine, medical care, insurance premium, education, legal fees and general public expenses. b. To pay for professional fees…

Article (20)

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 22 The Office may determine any controls it deems appropriate for the exemptions and payments stipulated herein to prevent the funds from being used to finance terrorism or finance proliferation.

Article (21) Obligations of Financial Institutions and Specific Non-financial Businesses and Professions Financial institutions, businesses and specific non-financial professions for the purposes of implementing the provisions of this resolution shall be committed to: 1. Register on the Office website with the aim of receiving notifications related to the new designation, re-designation as well as updating or de-listing notifications issued by the Security Council, the Sanctions Committee, or the Council of Ministers. 2. Constantly verify databases and transactions and compare them with the names on the lists issued by the Security Council, the Sanctions Committee or the local lists, as well…

Article (22) Obligations of the Supervisory Authorities

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 24 The supervisory authorities shall be committed to: 1. Receive all information provided by financial institutions and specific non-financial businesses and professions regarding frozen funds, or any measures taken in compliance with the prohibition requirements in implementation of the provisions of this resolution, including transactions that are being attempted, and send them to…

Article (23) General Provisions 1. Anyone observes, or became to his knowledge, directly or indirectly, any information provided or exchanged in accordance with the provisions of this resolution, shall abstain from declaring it in any manner whatsoever, unless for the purposes of implementing hereof. 2. Any person caused damage or claim resulting from, in bona fide, freezing funds or refusing the permission to use those funds, or rejecting to provide financial services regarding those funds, or conducting any other liability under the provisions hereof shall be exempted from the administrative liability.

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implement…

Article (24) Administrative Measures 1. Council and the Office, each within the limits of its competence, may issue procedures and instructions regulating this resolution. 2. The procedures, standards and models approved by the Security Council and its committees are the main reference in implementing this resolution and any other related procedures. 3. Subject to the relevant Security Council resolutions, the Council or the Office, as the case may be, may request the Ministry of Justice to assign whomever it deems appropriate to manage the frozen funds if necessary.

Article (25) Cancellations The referred Cabinet Resolution No. (20) of 2019 shall be cancelled. Any provision that opposes or violates the provisions of this resolution shall be repealed.

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Cabinet Resolution of 2020 Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Concerning the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 26

Article (26) Publication and Implementation of the Resolution This Resolution shall be published in the Official Gazette; and shall come into force as of the day following the date of its publication. Mohammed bin Rashid Al-Maktoum The Prime Minister On: 10 Rabi’al-Awwal 1442 A.H Corresponding to: 27 October 2020 A.D

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