Federal Law No

Law no. 2 of 1972 concerning the organisation of the Ministry of Foreign Affairs; and Based on the proposal of the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship and the approval of the Cabinet and the National Federal Council, and the ratification of the Federal Supreme Council,

Passport: Official document issued by the State in accordance with the provisions of the present Decree-Law and it allows its holder to travel from one state to another under the conditions imposed for each state.

The provisions of Article 3

were amended by virtue of Article 3 of Federal Law no. 10/1975 dated 15/11/1975; then they were replaced by virtue of Article (2) of Decree-Law no. 16/2017 dated 18/09/2017, to read as follows:

1- A foreign woman married to a UAE National may be granted the nationality by citizenship after the lapse of seven years from the date of submission of the application to the Authority in case they got one child or more. Said period shall be increased to ten years should there be no children, provided that the marriage is actually ongoing, and according to the provisions of the present Decree-Law.

2- Subject to the provisions of paragraph (1) of the present Article, if the husband dies or is divorced before the expiry of the period referred to in Clause (1) of this Article, and if the wife has one or more children of said husband, she may be granted the nationality after the lapse of the period as long as she remained a widow or divorcee or got married to a national after her husband's death or the divorce and maintained her residence in the State.

Subject to the provisions of Article 17 of the present Law, a wife who has acquired the nationality of her husband by way of marriage according to the preceding Article, shall retain the nationality of the State in case of her husband’s death. Her nationality shall not be withdrawn except in the following two cases:

a- An Arab individual from Omani, Qatari or Bahraini origin residing in the State on continuous and lawful basis for at least three years directly before the date of submitting naturalisation application, provided that he has lawful source of income, is of a good reputation and good conduct, and not convicted for an offence involving breach of honour or trust.

b- Members of Arab tribes emigrated from countries neighbouring the State, who have been displaced to the State and lawfully and continuously resided therein for at least three years directly before the date of submitting naturalisation application.

The nationality of the State may be granted to any Arab individual who enjoys full legal capacity, if he has continuously and lawfully resided in the member Emirates for at least seven years directly before the date of submitting naturalisation application, provided that he has lawful source of income, is of good reputation and good conduct, and not convicted for any offence involving moral turpitude or dishonesty.

The Nationality of the State may be granted to any person who enjoys full legal capacity if he has continuously and legally resided in the member Emirates since or before 1940 and retained his regular residence until the effective date of this Law; provided that he has lawful source of income, is of a good reputation and good conduct, and not convicted for an offence involving breach of honour or trust, and is proficient in Arab language.

The Nationality of the State may be granted to any person, other than those mentioned in Articles 5 and 6, who enjoys full legal capacity if he has continuously and legally resided in the member Emirates for a period of no less than 30 years of which he has spent 20 years at least after the effective date of this Law; provided that he has lawful source of income, is of a good reputation and good conduct, and not convicted for an offence involving moral turpitude and dishonesty, and is proficient in Arab language.

1- The president of the State may issue a decree establishing nationality by operation of law or granting it by naturalisation to any person without regard to the residence periods and the conditions set forth in the present Decree-Law and its Implementing Regulation.

3- The date of establishment or granting of nationality to whoever has acquired said nationality or is in the process of acquiring it shall be the date of completion of the nationality documents and the fulfilment of the procedures required in accordance with the provisions of the Implementing Regulation of the present Decree Law.

The wife of a national by naturalisation shall be considered as national by naturalisation if she renounces her nationality of origin. Minor children of a national by naturalisation shall also be considered nationals by naturalisation, and they may decide to choose their nationality of origin during the year following the date of which they reach the age of majority.

1- Nationality may be granted to the sons and daughters of a national who is married to an alien after the lapse of a period of no less than six years from the date of birth; provided that the mother has the nationality at the time of birth until the date of application for nationality, in accordance with the regulations determined in the Implementing Regulation.

2- Nationality may be granted to a daughter of a national woman, from a father of foreign nationality, and who is married to a foreigner, in accordance with the controls set in the Implementing Regulation of the present Decree-Law.

A female national of the State, having acquired nationality by operation of law or by naturalisation, who is married to foreigner, shall retain her nationality and will lose it only if she acquires the nationality of her husband.

A final judgment convicting a national, whether he has acquired nationality by operation of law, naturalisation or affiliation, shall result in the deprivation or withdrawal of the nationality as an accessory penalty, for the following offenses:

2- If he is convicted of an offence that threatens the external security of the State and that is punishable in accordance with the Federal Penal Code or other offences which are considered to be a threat to the external security of the State in accordance with the laws in force in the State.

3- Abu Dhabi Federal Court of Appeal shall have the competence to hear the crimes provided for in paragraphs (1 and 2) of this Article, and the competent prosecution shall refer such offences to it.

4- The Minister of Justice shall form one or more specialised circuits in Abu Dhabi Federal Court of Appeal to decide upon these crimes. The judgment of the Court shall be contestable before the Federal Supreme Court in accordance with the law.

A national may be deprived of the nationality or it may be withdrawn from him if he is convicted, by a final judgment, for an offense prejudicing the internal security of the State and which is punishable in accordance with the Federal Penal Code, or other offenses which are considered to be a threat to the internal security of the State as per the laws in force in the State.

The provisions of Article 16

were amended by virtue of Article 1 of Federal Law no. 10/1975 dated 15/11/1975, then they were replaced by virtue of Article (2) of Decree-Law no. 16/2017 dated 18/09/2017, to read as follows:

A female national having acquired, by operation of law, the nationality of her foreign husband who has deceased, or who has abandoned or divorced her, may recover her nationality provided that she renounces the nationality of her husband. Her children from the aforementioned husband may, upon their request, acquire the nationality of the State if their regular residence is in the State and they expressed their will to renounce the nationality of their father.

1- Without prejudice to the provisions of Article (14) Bis of the present Decree-Law, granting, deprivation, withdrawal and recovery of nationality shall be by a Federal decree and it may not be contested.

The passport is the official document issued by the State according to the provisions of this Law and which allows its holder to travel from one country to another, subject to the conditions prescribed for each country.

A national of the State may not depart from or return to the country unless he holds a passport according to the provisions of this Law. Passing ticket may be used in place of a passport in cases determined by a decision from the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

No one may depart from or return to the country unless from the ports designated for this purpose according to the procedures followed in this respect. The Cabinet shall, by a decision issued thereby, determine the ports designated for entering and leaving the country.

The national shall have the freedom to travel across the Emirates members of the Federation from the locations designated for this purpose, after showing the identity card or any other official identification document.

The Chairman of the Board of Directors of the Federal Authority

for Identity and Citizenship may issue temporary passports in special cases and for some persons regardless of the conditions to be observed under the provisions of this Law.

The President of the State and his deputy may grant; by a Federal decision, a special passport to the delegates sent to represent the State in conferences, meetings, expositions and international panels other than those mentioned above upon the proposal of the Minister of Foreign Affairs.

The form of the five types of passports and the data to be included therein shall be determined by a decision of the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

, in agreement with the Minister of Foreign Affairs.

The Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

shall determine the amount of fees to be paid for the obtainment and renewal of ordinary and temporary passports, for granting a replacement for lost, and adding countries or persons to the passport.

When necessary, and upon the approval of the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

, passports may be granted to employees from among non-nationals who work for the State when assigning them to duties abroad and within the limits of such duties.

The application for issuance or renewal of a passport shall be submitted according to the forms

set for this purpose. Applications shall be submitted to the competent authority as the case may be.

For special reasons and by a decision of the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

granting or renewing a passport may be rejected, and a passport may be withdrawn after being given.

Unexpired Passports issued by the member

Emirates before the implementation of this Law shall be valid unless otherwise declared by a decision from the Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

with the approval of the Council of Ministers or unless it is expired or withdrawn whatever date is previous. The Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship

shall issue new substitute passports in conformity to the provisions of this Law.

3- Whoever commits impersonation or replaces an identity in an official document prepared for establishing it, for the purpose of obtaining a nationality, passport, travel document or any other citizenship document.

4- Whoever submits a false document, or gives incorrect statements, or conceals the citizenship documents he holds in order to obtain, for himself or for someone else, the nationality, or a passport, or any travel document from among citizenship documents.

2- The penalty of imprisonment for a period not exceeding 10 years and a fine of no less that AED 50 thousand or either one of those penalties shall be imposed on whoever claims being a member of a family or a tribe to which he does not belong for the purpose of obtaining the nationality, or a passport, or a travel document or any other citizenship document.

4- Whoever has handed over to a non-official authority a passport, travel document or any other citizenship document for use for other than the designated purposes shall be sentenced to imprisonment for a period not exceeding six months and a fine of no less than AED 50 thousand.

5- Whoever has found or retained for the purpose of obtaining a benefit, or who has mistakenly received a passport, travel document or any other citizenship document and has not delivered it to the nearest police station, the headquarters of the Authority or one of its branches in the State shall be sentenced to a fine of no less than AED 50 thousand and no more than AED 5000 thousand.

1- The Chairman of the Authority and the Ministry of the Interior shall commence the implementation of the present Decree-Law immediately upon its issuance. All data and files necessary for the implementation of the provisions of the present Decree-Law shall be transferred to the Authority within six months from the date of its issuance. Such period shall be renewable for a similar period by a decision of the Cabinet.

2- The Authority shall issue the regulatory procedures related to the implementation or non-completion of the procedures for granting nationality for persons to whom decrees granting citizenship have been issued and who have not completed the procedures for obtaining nationality before the date of entry into force of the present Decree-Law, provided that the Chairman of the Authority submits a report to the Minister of Presidential Affairs with respect to the decisions issued in implementation of said procedures, in order to take what it deems appropriate.

3- The date of validity of the establishment or granting of nationality for every person having acquired it shall be considered to commence from the date of completion of the nationality documents and the fulfilment of the procedures required in accordance with the Implementing Regulation of the present Decree-Law.

4- The Authority shall take the measures necessary with respect to the implementation of the decrees issued for granting the nationality in accordance with the provisions of the present Decree-Law, provided that such procedures are completed within a maximum period of one year from the date of issuance of such decrees. Should there be any impediment preventing their implementation, the Authority shall send a report on the matter to the Minister of Presidential Affairs within a period not exceeding three months from the date of the occurrence of such impediment.

1- Upon the suggestion of the Chairman of the Authority and the proposal of the Minister of Finance, the Cabinet shall specify any fees that shall be collected in accordance with the provisions of the present Decree-Law and its Implementing Regulation.

3- The Implementing Regulation and the decisions issued as well as the regulations applicable shall remain in force insofar as they do not contradict the provisions of the present Decree-Law, until the implementing regulation of this Decree-Law as well as the regulations and decisions related thereto are issued.

[1] The word “provisional”, wherever it appears in the Constitution of the United Arab Emirates State, has been deleted by virtue of Article One of the Constitutional Amendment no. 1/1996 dated 2/12/1996. Thus, the present Constitution is the permanent Constitution of the State

[2] The old text of Article 2 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: Shall be deemed to be a national citizen by virtue of this Law: a- A resident of a member Emirate in 1925 or before, who has maintained his regular residence therein until the effective date of this Law. The residence of ancestors shall be deemed complementary to descendants’ residence. In all cases, the said resident is required to have an Arab culture. b- Anyone born in the State or abroad, after the effectiveness of this Law, to a father who is a national of the State.

[3] With respect to the national citizen by operation of law, registration shall be made according to the provisions of Article 4 of Cabinet Decision No. 2/1972 dated 31/12/1972, related to the issuance of the Implementing Regulation of the Nationality and Passports Law.

[4] The old text of Article 3 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: A foreign woman who is married to a national citizen of the State, may acquire the nationality of her husband if she wishes so, on condition that she notifies the Minister of Interior of her desire thereof, and after three years have elapsed as of such notification during which the conjugal relationship continues to exist, and that she renounces her original nationality. The husband shall not acquire the nationality of his wife.

[5] The old text of Article 5 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: The nationality of the State may be granted to the national citizen from Omani, Qatari or Bahraini origin, if he resides in the Member States, on continuous and lawful basis, for at least three consecutive years, either prior or after the effectiveness of this Law, and if he has a lawful source of income, be well reputed and not sentenced to a crime of breach of honour or trust.

[6] The old text of Article 6 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: The nationality of the State may be granted to any Arab citizen, who enjoys full legal capacity, if he has continuously and lawfully resided in the member Emirates for at least ten years, of which at least five years have been spent after the effectiveness of this Law, and if he has a lawful source of income, be well reputed and not sentenced to a crime of breach of honour or trust.

[7] It is required to prove the renunciation of the original nationality, according to Paragraph (c) of Article 4 of Cabinet Decision No. 2/1972 dated 31/12/1972, related to the issuance of the Implementing Regulation of the Nationality and Passports Law, that is published directly after this Federal Law.

[8] The old text of Article 14 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: A female national of the State, who marries a foreigner, shall retain her nationality and shall not lose it, unless she acquires the nationality of her husband.

[9] The old text of Article 16 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: The nationality may be withdrawn from a naturalised citizen in the following cases: 1- If he commits or initiates any act deemed to be dangerous to the safety and security of the State. 2- If he has been frequently convicted by judicial decision as a habitual criminal. 3- If forgery, fraud, or deceit is proved to appear in the information, upon which the acquisition of nationality is based. 4- If he resides outside the State, continuously and without justification, for a period exceeding four years. If the nationality of a person is withdrawn, then it may also be withdrawn from his wife and minor children by association.

[10] The old text of Article 17 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: A national citizen by operation of law, who acquires a foreign nationality, may recover his original nationality, if he renounces the acquired nationality. A female national citizen by operation of law, who acquires the nationality of her foreign husband, may recover her original nationality in case the said husband has died, or upon divorce, if she renounces the nationality of her husband.

[11] The old text of Article 22 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: Every national citizen by operation of law, affiliation, or naturalisation shall have the right to obtain a passport.

[12] The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[13] The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[14] The old text of Article 27 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: The Minister of Interior may issue temporary passports in special cases to some persons, regardless of the conditions required to be satisfied by virtue of this Law. It is required that the term of the temporary passport does not exceed six months. This passport shall not be considered as a proof of nationality.

[15]The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[16] The old text of Article 28 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: Diplomatic passports shall be granted to: a- Members of the Supreme Council. b- Vice-Presidents of Member Emirates. c- Federal ministers. d- Chairman of the Federal National Council. e- Members of political and diplomatic corps, and member of the State missions at international organisations. f- Technical attachés for diplomatic missions abroad. e- Members delegated by the State to the main organs of the United Nation, and to the General Assembly, the Security Council, the Social and Economic Council, the Trusteeship Council, and International Court of Justice, during the performance of their duties. f- Diplomatic couriers. g- Former Ministers of Foreign Affairs.

[17] Please refer to Article 3 of Ministerial Decision No. 212 dated 22/02/2010 and Article 3 of Ministerial Decision No. 515-1 dated 31/05/2015 regarding the additional categories that are granted diplomatic passports.

[18] The old text of Article 29 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: A diplomatic passport may be granted by an order from the President of the State or his deputy to: a- Members of the ruling family. b- Ministers of local governments in the members Emirates. c- Heads of Advisory Boards in the member Emirates. d- The officials of the State delegated on an official mission to abroad, at the request of the Minister of Foreign Affairs. e- Delegates assigned to represent the State in any specialised agency of the United Nations. f- The wives and members of categories (a, b, c, d, and e) and their minor children accompanying them.

[19] The old text of Article 30 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: Special passports shall be granted to: a- Members of the ruling family. b- Ministers of local governments in the members Emirates. c- The employees of the State of Undersecretary grade and the like. d- Members of the Federal National Council. e- Former ministers. f- Former ambassadors and authorised ministers, on condition that they have not been dismissed by a disciplinary decision. g- The officials of the State in the Arab Countries League, who are regarded as counterparts of the members of diplomatic missions, during their official travels. h- Administrative employees and clerks attached to counsellor missions and the missions of the State to the international organisations. i- The wives and members of categories (a, b, and d) and their minor children. j- The wives and members of other categories and their children accompanying them.

[20] The old text of Article 32 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: The Ministry of Foreign Affairs and its representative missions abroad, shall be competent to issue and renew diplomatic, special and service passports. The Ministry of Interior and the State representative missions abroad shall be competent to issue and renew ordinary passports. The Ministry of Interior shall also be competent to issue temporary passports.

[21] The term “Ministry of Interior” was replaced with “the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[22] The old text of Article 33 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: The passport form of four types and information to be inserted shall be designated by decision of the Minister of Interior, after the approval of the Minister of Foreign Affairs.

[23]The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[24] The old text of Article 34 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: Diplomatic and special passports shall be granted free of charge. The Minister of Interior shall designate the amount of fees to be paid, so as to obtain and renew ordinary and temporary passports, and the cases for exemption from these fees.

[25] The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[26] The old text of Article 39 before it was amended, by virtue of Article 1 of Federal Law No. 10/1975 dated 15/11/1975: Passports shall be issued to the persons holding the nationality of the State, according to the provisions of the Nationality Law in force, at time of issuance of the passport. When necessary, and upon the approval of the Minister of Interior, passports may be granted to employees from among non-nationals, who work for the State when assigned to perform duties abroad and within the limits of such duties.

[27] The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.

[28] With respect to passport applications and renewal forms, please refer to Forms No. 17 and 19, attached to Ministerial Decision No. 166/1993 dated 20/06/1993, on Statistic Forms regarding the General Directorates of Nationality and Residency.

[29]The term “Minister of Interior” was replaced by “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in this Law, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017; therefore, a mention is in order.

[30] The validity of local passports issued by the Emirates was revoked, and they were withdrawn from their holders upon their return from abroad, by virtue of published Ministerial Decision No. 1/1974 dated 17/01/1974, regarding the revocation of local passports. - However, to overcome the difficulties in completion of transactions at official departments, the Ministry of Interior has announced continuing to rely on local passports to fulfil the transactions until 10/09/1974, according to the announcement issued on 12/03/1974.

[31] The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order

[32] The term “Minister of Interior” was replaced with “Chairman of the Board of Directors of the Federal Authority for Identity and Citizenship” wherever it is mentioned in the present document, by virtue of Article 1 of Federal Decree-Law No. 16 dated 18/09/2017, thus mention is in order.