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Federal Law Concerning International Judicial Cooperation in Criminal Matters

The last update on this law was listed on 28 Sep 2023

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Issued Date

31 Oct 2006

Effective Date

31 Oct 2006

Official Gazette Date

14 Nov 2006

Official Gazette No

457

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

Index

Index

Part One: Definitions and General Provisions

Part Two: Surrender of Persons and Property

Chapter One: Surrender of Persons to Foreign States

Chapter Two: Return of Persons

Chapter Three: Surrender and Return of Property

Part Three: Judicial Assistance in Criminal Matters

Chapter One: Request for Judicial Assistance from a Foreign Judicial Authority to UAE Authorities

Chapter Two: Requests for Judicial Assistance from UAE Authorities to a Foreign Judicial Authority

Part Four: Transfer of Convicted Persons

Chapter One: Transfer of a Convicted Person to a Foreign State

Chapter Two: Transfer of Convicted Person from a Foreign State

Part Five: Final Provisions

Part One: Definitions and General Provisions

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: The United Arab Emirates.
Ministry: The Ministry of Justice.
Minister: The Minister of Justice.
Competent Court: The 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 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 (2) General Provisions of Judicial Cooperation

Without prejudice to the provisions of international conventions to which the State is a party, or on the basis of reciprocity, the Central Authority of the State shall cooperate with any foreign Central Authority in criminal matters, pursuant to the provisions of this Law.

Article (3) No Rights to Other States

Nothing in this Law shall give any State the right to compel any form of international judicial cooperation in criminal matters

Article (4) Application of Other Criminal Laws

Matters for which no provision appears in this Law shall be subject to the Criminal Procedures Code and any other relevant laws

Article (5) Implementation of Procedures Pursuant to National Laws

Subject to the provisions of Article (2) hereof, where no particular provision is stipulated in this Law, the laws in force in the State shall be applicable when initiating the procedures of international judicial cooperation in criminal matters.

Part Two: Surrender of Persons and Property

Chapter One: Surrender of Persons to Foreign States

Article (6) Cases of Extradition

Suspects and convicted persons shall be handed over to Foreign Judicial Authorities in order to be interrogated, stand trial or serve sentences in accordance with the provisions of this Chapter

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

Article (8) Multiple Crimes in One Extradition Request

If an extradition request involves multiple crimes punishable by the Laws of both states, the extradition request may be approved for only one crime, as long as it fulfils the conditions and controls set forth in this Law.

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 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 (10) Extradition of Persons Who are Under Investigation or Prosecution

If the person sought is being investigated or prosecuted in the UAE for another offence, his extradition shall be stayed until the investigation or prosecution has been concluded by the issue of a final decision. If convicted, the person shall be extradited after serving his sentence.
The UAE may surrender him on a temporary basis on the condition that the Requesting State would return him as soon as practicable after the rendering of a decision in respect of him or within such time limit as the UAE shall specify, not exceeding 6 months after surrender.

Article (11) Method for Submitting an Extradition Request and its Attachments

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 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 (12) Reviewing Extradition Requests

The Central Authority shall refer an extradition request to the competent Public Prosecution having verified that its prescribed formal requirements are fulfilled. If it deems that the information and documents provided to support the request are insufficient to decide thereon, it may request the Requesting State to provide supplementary explanations or additional information or documents within a time limit to be set by the Central Authority. Should the Central Authority not be provided with the required information, it may dismiss the request and so notify the competent Public Prosecution.

Article (13) Summary Extradition

Extradition shall not be granted unless a decision authorising extradition has been issued by the Competent Court. However, when extradition is to a single State, it can be carried out by means of a decision issued by the Minister pursuant to the recommendation of the Attorney General subject to the written consent of the Person to be Surrendered 

Article (14) Consent of the Person to be Surrendered

The written consent of Person to be Surrendered shall include all the details relating to him and the case in respect of which he is being extradited and a statement to the effect that consent to the extradition is being given voluntarily with full knowledge of the legal consequences thereof

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 (16) Arrest of the Person Sought

Once an extradition request is received, the Attorney-General or his delegate may order to arrest the Person Sought in case of fear of his escape.
The Attorney-General or his delegate, on his own accord or at the request of the Person Sought, may order to release him based on the guarantees determined by him.

Article (17) Proceedings before the Public Prosecution

The Person to be Surrendered shall be brought before the competent Public Prosecution within 48 hours after arrest. The Public Prosecution shall explain to him the reason for arrest, the content of the request for extradition, the evidence and the documents related to the request and shall record his statements in a report. The Person to be Surrendered has the right to have a lawyer present during questioning

Article (18) Referral to Competent Court

Within 15 days after reviewing the request for extradition, the Attorney General shall send it, together with a written memorandum, to the Competent Court for the request and its supporting documents to be filed with the clerk's office. The Public Prosecution shall summon the Person to be Surrendered to attend the hearing set for consideration of the request

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 defence.
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 (20) Court Decision

The Competent Court shall issue a reasoned decision on eligibility for extradition in accordance with the Law.

Article (21) Release of the Person Sought

A decision on the impossibility of extradition shall entail the release of the Person Sought, even if the same is not provided in the decision. The Public Prosecution may appeal such decision before the Competent Court of Appeal.

Article (22) Appeal Against the Extradition Decision

The Attorney-General or his delegate and the Person Sought may appeal the extradition decision issued by the Competent Court before the Competent Court of Appeal.
The appeal time limit shall be (30) thirty days from the date on which the court's decision is rendered.

Article (23) Procedure for Appealing Extradition Decision

The decision mentioned in the preceding article shall be appealed by filing a notice with the clerk's office of the competent court of appeal. A hearing is then fixed for the appeal no later than 10 days after the filing of the notice. Notice of proceedings shall be deemed to have been served in this manner even if the notice was filed by the lawyer of the Person to be Surrendered 

Article (24) Implementation of the Extradition Decision

An extradition decision may be implemented only if it becomes non-appealable.

Article (25) New Grounds for Extradition

When new grounds are asserted before the Competent Court, a decision refusing to grant extradition shall not preclude the issue of a further decision of eligibility for extradition pursuant to a subsequent request from the same State concerning the same offenses

Article (26) Approval of Extradition Decision

A decision granting extradition shall be enforced only after the Minister's approval. If approval for extradition is declined, the Attorney General shall order the release of the Person to be Surrendered if he is under arrest

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.

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 defence of the person sought.

Article (30) Re-Extradition to a Third State

The Competent Court shall consider the request of a State to which a person has been extradited to extradite that person to another State. The court shall issue its decision in accordance with the provisions of this Law and the bilateral and multilateral agreements in force to the extent that does not conflict with the constitutional principles of the UAE.

Article (31) Facilitation of Transit of Extradited Persons

Where a person subject to regulations governing the extradition of criminals is to be extradited to a State from a third State through the territory of the UAE, the Attorney General may, at the request of the State to which the person is to be extradited, authorise the transit of that person through the territory of the UAE provided such transit does not prejudice the sovereignty, security or essential interests of the UAE.

Article (32) Costs of Extradition

The UAE shall meet the cost of any proceedings in its jurisdiction arising out of a request for extradition.

The Requesting State shall bear the costs incurred in transporting the Person to be Surrendered and any extraordinary costs arising out of the request for extradition

Chapter Two: Return of Persons

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.

Article (34) Arrest of the Fugitive Wanted in Case of Urgency

In case of urgency, the Attorney-General or his delegate may notify competent authorities of the Requested State, pursuant to a court order issued according to the legally-prescribed status, to arrest the Fugitive Wanted and detain him provisionally. The arrest warrant shall be communicated through the Liaison Division of the Ministry of Interior.
The Public Prosecution shall complete the documents and papers supporting the request for obtaining the extradition and send the same to the Requested State on an expeditious basis through the Central Authority through the diplomatic channels.

Article (35) Deduction of the Period of Temporary Custody

In applying the rules for carrying out the sentence, the period for which the accused was retained in custody abroad shall be regarded as a period of remand in custody.

Article (36) Change of Legal Classification of the Offence

If the legal classification of the offence changes during the course of proceedings against a person who has been returned, he may not be charged, prosecuted or otherwise proceeded against in any manner that would deprive him of his liberty unless the new elements of the crime are based upon the same facts for which he was extradited and constitute an offence punishable by the same penalty prescribed for the offence for which he was extradited or by a more severe penalty.

Article (37) Undertaking to Waive the Death Penalty

Except for crimes for which there is doctrinal punishment (Hudood), assurance may be given to the Requested State pursuant to an agreement with the UAE, that the death penalty will not be carried out on the Person who is to be Returned. When giving such assurance in crimes for which (Qasas) may be sought, the heirs must waive their legal right to Qasas. The undertaking shall be presented by the Minister and steps shall be taken to commute the sentence.

Chapter Three: Surrender and Return of Property

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 (39) Grievance Against Decision Directing the Surrender of Property

An interested party has 15 days to file a grievance against the decision mentioned in Article 38 before the Competent Court.
The Court shall issue its decision on the grievance after hearing the Public Prosecution and the grievant.

Article (40) Return of Property

When a request for extradition is granted, the Attorney General or person delegated by him shall ask the Competent Department to request, in writing, the authorities in the foreign State to furnish 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.

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.

Article (42) Procedure for Supervised Surrender

The competent authorities in the UAE shall execute the permission referred to in the preceding article within their respective jurisdictions and prepare a report on the action taken
The Attorney General shall determine the procedure for supervised surrender of property to the Requesting Party and the return and replacement thereof

Part Three: Judicial Assistance in Criminal Matters

Chapter One: Request for Judicial Assistance from a Foreign Judicial Authority to UAE Authorities

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.

Article (44) Method for Submitting a Judicial Assistance

A request for judicial assistance shall be submitted by the competent authority of the foreign judicial authority to the State's Central Authority through the diplomatic channels.
The Central Authority shall, after examining the request of judicial assistance and ensuring that it fulfils its conditions in form, refer it to the competent judicial authority to take the necessary actions.

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;
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 (47) Additional Information

The Central Authority may request from the foreign judicial authority any additional information it deems necessary for the execution of the request.

Article (48) Confidentiality of Requests

The request &/or its particulars will be kept confidential if so requested by the Foreign Judicial Authority.

Article (49) Hearing of Witnesses

The statements and testimony of witnesses shall be taken by the Competent Judicial Authority in the UAE and then sent to the Foreign Judicial Authority.

Article (50) Cases in which the Giving of Testimony can be Refused

A person requested to give testimony or specific evidence in the territory of the UAE may refuse to give testimony or evidence so far as he has that privilege under the law of the Foreign Judicial Authority in corresponding circumstances.

Article (51) Immunity of Witnesses and Experts Appearing before Foreign Judicial Authorities

If the purpose of judicial assistance is to have a witness, expert or accused attend before a Foreign Judicial Authority, the Authority shall undertake not to prosecute, detain or restrain him of his liberty on account of criminal offenses or convictions preceding his departure from the territory of the UAE and not to prosecute, detain or punish him on account of his testimony, expert report, or failure to appear before the Authority.

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 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 (54) Execution of Request in a Specific Manner

The request for assistance shall be executed in accordance with the procedures required by UAE law.
Upon the express request of the Foreign Judicial Authority, the request for judicial assistance shall be executed in a specific manner provided there is no conflict with the laws in force.

Article (55) Expenses, Fees and Costs

Where a deposit for the fees of experts and documents necessary for the execution of a request for judicial assistance is payable in advance, the Requesting State shall be notified in order to lodge the deposit with the Competent Judicial Authority.

Article (56) Witness & Expert Reimbursement

By law, witnesses and experts are entitled to appropriate reimbursement of expenses for travel and subsistence as well as appropriate compensation by the Requesting State for loss of earnings or profits. The expert may request that the Requesting State pay a fee for his expert opinion.
The documents pertaining to the request or notice shall state the amounts payable to the witness or the expert. The Requesting State may, upon the request of the witness or expert, pay the amount in advance.

Article (57) Return of Property, Documents and Records

The authorities of the UAE may request the return of any property, documents or records that have been delivered to the Foreign Judicial Authority for the execution of a request for judicial assistance.

Article (58) Crime Revenue-Sharing

Revenues generated from crimes for which a judicial assistance has been provided may be shared. The Minister shall, in coordination with the relevant authorities, determine the conditions and procedures whereby such sharing is made. By virtue of a resolution of the Minister, a committee shall be formed to examine revenue-sharing applications.

Chapter Two: Requests for Judicial Assistance from UAE Authorities to a Foreign Judicial Authority

Article (59) Procedures for Requesting Assistance from a Foreign Authority

The competent judicial authority may request the judicial assistance mentioned in the Second Paragraph of Article (43) hereof from the foreign judicial authority.
Judicial assistance requests shall be sent to the Central Authority to be referred to the foreign judicial authority through the diplomatic channels. After examining the request for judicial assistance and ensuring that it fulfils the conditions in form, the Central Authority may refer it to the competent judicial authority to take necessary actions.

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 (61) Criteria for Validity of Measures Taken Abroad

Measures taken under a request for judicial assistance shall be valid if carried out in accordance with the law of the Foreign Judicial Authority which exercised its jurisdiction unless the Competent Judicial Authority in the State had requested that they be carried out in a particular manner.

Article (62) Legal Effect of Measures Taken Abroad

Measures taken through judicial assistance in accordance with the Law shall have the same legal effect as if carried out before the Competent Judicial Authority.

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.

Part Four: Transfer of Convicted Persons

Chapter 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 (65) Cases in which a Transfer Request will be Denied

A request for the transfer of a convicted person shall be denied in the following circumstances:
1. If the granting of the request would prejudice the sovereignty, security or public policy of the UAE. 
2. If the offence in respect of which the person has been sentenced is a military offence.
3. If the procedure for executing the sentence in the Requesting State is different from the execution procedure of the UAE.
4. If the Requesting State has not undertaken to waive its amnesty rules with respect to the convicted person.

Article (66) Cases in which a Transfer Request can be Denied

A request for the transfer of a convicted person may also be denied in the following circumstances:
1. If amounts, fines, costs, compensation or other monies judicially awarded against the convicted person remain unpaid.
2. If proceedings involving monetary claims are pending against the convicted person in the courts of the UAE.
3. If the maximum term of the penalty of deprivation of liberty established by the law of the Requesting State is considerably less than the awarded penalty of deprivation of liberty.

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.

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 Article 64 of this Law.

Article (69) Ensuring the Consent of the Person to be Transferred

The convicted person shall be referred to the Public Prosecution in order to ensure that his consent to the transfer is being given voluntarily with full knowledge of the legal consequences thereof.

Article (70) Transfer Expenses

The authorities of the UAE shall bear the expenses related to the transfer and provision of escort for the convicted person within the UAE.

Article (71) Notifying the State of Enforcement of All Decisions and Procedures

The Public Prosecution shall notify the State of Enforcement through the Central Authority of the provisions of the private or general amnesty issued for the convict, as well as any decisions or procedures carried out in the State's territory which may stay the execution of the penalty in whole or in part.

Chapter Two: Transfer of Convicted Person from a Foreign State

Article (72) Request for Transfer of a Convicted Person from Abroad

Subject to Article 2 of this Law, the authorities of the UAE may request the competent authorities in a foreign State to transfer a person holding UAE nationality serving a sentence at a penal institution in the foreign State by virtue of a criminal sentence issued by the courts of that State.

Article (73) Request for Transfer Information and Supporting Documents

The request for transfer shall be made in writing and shall include details of the convicted person and documents proving his nationality and place of his detention. The request shall be translated into the language of the Sentencing State or any other language acceptable thereto, duly attested by the relevant authorities.

Article (74) Admission of Convicted Person to a Penal Institution

By law, the Convicted Person Sought to be Transferred to the territory of the UAE shall be admitted to the penal institution pursuant to a written order issued by the Attorney General or person delegated by him.

Article (75) Execution of Sentence

The sentence shall be carried out in accordance with the execution procedures followed by the UAE after deducting the period of remand in custody and the time served by the convicted party. The UAE shall have sole jurisdiction to issue decisions in relation to execution and shall, at the request of the Sentencing State, provide information regarding compliance with the sentence.

Article (76) Compassionate Release

All criminal proceedings which the judicial authorities of the UAE have instituted in respect of the same offence against the Convicted Person Sought to be Transferred shall cease upon the approval of the transfer request. Criminal proceedings may not be reactivated for the same offence nor may the convicted person be re-prosecuted for the same facts concerning the judgment of conviction.

Article (77) No Re-Prosecution

All criminal proceedings which the judicial authorities of the UAE have instituted in respect of the same offence against the Convicted Person Sought to be Transferred shall cease upon the approval of the transfer request. Criminal proceedings may not be reactivated for the same offence nor may the convicted person be re-prosecuted for the same facts concerning the judgment of conviction.

Article (78) Rules of General and Special Amnesty

A convicted person shall be subject to general amnesty rules but would not be eligible for special amnesty, conditional release or any other pardon unless approved by the Sentencing State subject to the general and special amnesty rules of the Sentencing State applying to him>

Part Five: Final Provisions

Article (79)

Subject to Article 2 of this Law, any provision contradicting or conflicting with this Law shall be repealed.

Article (80)

This Law shall be published in the Official Gazette and shall come into force on the date of publication.

Translated in cooperation with