Corresponding
to 24 Shawwal 1435 H
On
Combating Terrorism Offences
Federal
Decree-Law no. 1/2004 dated 28/07/2004
We,
khalifa Bin Zayed Al Nahyan President of the United Arab Emirates State,
Pursuant
to the perusal of the Constitution;
Federal
Law No. (4) of 1971 on the Diplomatic and Consular Privileges and Immunities;
Federal
Law No. (1) of 1972 on Competencies of the Ministries and Powers of the
Ministers and its amendments;
Federal
Law No. (10) of 1973 on the Federal Law No. (10) of 1973 on the Federal Supreme
Court and its amendments;
Federal
Law No. (10) of 1980 on the Central Bank, monetary system and Organisation of
the banking profession;
Federal
Law No. (3) of 1987 on the promulgation of the Penal Code and its
amendments;
Federal
Law No. (35) of 1992 on the promulgation of the Criminal Procedure Law and its
amendments;
Federal
Law No. (43) of 1992 on the regulation of penitentiaries;
Federal
Law No. (4) of 2002 on the criminalisation of money laundering;
Federal
Law No. (2) of 2003 on the State Security Service and its amendments;
Federal
Decree-Law No. (1) of 2004 on Combating Criminal Offences;
Federal
Law No. (8) of 2004 on the Financial Free Zones;
Federal
Law No. (39) of 2006 on International Judicial Cooperation in Criminal
Matters;
Federal
Law No. (40) of 2006 on the Prohibition of Innovating, Producing, Storing, and
Using Chemical Weapons, and its amendments,
Federal
Law No. (51) of 2006 on Combating Human Trafficking Crimes;
Federal
Law No. (6) of 2007 on the Establishment of the Insurance Authority and
Regulation of its Operations;
Federal
Decree Law No. (6) of 2009 on Peaceful Uses of Nuclear Power;
Federal
Decree Law No. (5) of 2012 on Combating Cybercrimes;
Federal
Decree Law No. (5) of 2013 on the Weapons, Ammunitions, Explosives and Military
Equipment;
Federal
Law No. (7) of 2013 on the Establishment of the International Center of
Excellence on Countering Violent
Extremism
;
and
Based
on the proposal of the Minister of Justice, the approval of the Cabinet and the
Federal National Council and the ratification of the Federal Supreme
Council,
Issued
the following Law:
In
implementation of the provisions of the present Law, the following terms and
expression shall have the meanings assigned thereto, unless the context requires
otherwise:
State:
United Arab Emirates
Government:
Federal Government and Emirates Governments
Court:
Court having jurisdiction over state security offences
Prosecution:
Prosecution having jurisdiction over state security offences
Terrorism
Offence: Every criminal action or inaction criminalised under the present Law
and every action or inaction constituting a felony or misdemeanor referred to in
any other law, if committed for terrorist purpose
Terrorist
Purpose: The offender’s intention to commit a criminal action or inaction
in order to cause the occurrence of a direct or indirect terrorist result or
whenever the offender is aware that the action or inaction is intended to cause
the occurrence of a terrorist result
Terrorist
Result: Inciting fear among a group of people, killing them, or causing them
serious physical injury, or inflicting substantial damage to property or the
environment, or disrupting security of the international community, or opposing
the country, or influencing the public authorities of the country or another
country or international organisation while discharging its duties, or receiving
a privilege from the country or another country or an international
organisation.
Terrorist
Organisation : Group formed of two or more persons, which acquires legal
personality ipso jure or which is created ipso facto, that commits a terrorist
act, directly participates in, threatens of, aims at, plans, seeks, promotes or
aids the commission of such act regardless of the name, form, place of
establishment, location, nationality or place of existence of its members.
Terrorist
: Whoever belongs to a terrorist organisation, commits a terrorist offence,
participates directly or indirectly in causing its commission, or threatens of,
aims at, plans, seeks, promotes or aids the commission of such commission.
Conventional
Weapons : Firearms, ammunitions and explosives set forth in the applicable laws
of the State.
Non-conventional
weapons : Any device designed or intended for killing or harming people or other
organisms, destroying properties or causing serious damage to the environment
including the emission, spreading or producing any of the following:
1-
Toxins or toxic chemicals.
2-
Pathological bio-agent or organism.
3-
Radiation of radioactive activity.
Non-conventional
weapons shall stand for their components, equipment, materials or objects used
in their manufacture, preparation, emission or explosion.
Internationally
protected persons : 1- Kings and presidents of other states including
any
member of an organisation that perform the functions of head of state
under the Constitution of the concerned state, prime ministers and ministers of
foreign affairs at the time of presence of any of the aforementioned persons in
the state, along with their family members who accompany them.
2-
Representatives or pubic officials of other states or an international
governmental organisation, within the period during which such persons, along
with their family
members
supported thereby, receive the prescribed special protection under the
International Law.
Nuclear,
Chemical or Biological Facility: Any nuclear reactor, establishment, or mean of
transport used for the production, storage, processing, use, trading,
transportation or disposal of radioactive materials, toxins, toxic chemicals,
organisms or pathological bio-agents.
Properties:
Any kind of assets, whether physical or moral, movable or immovable, including
national currency, foreign currencies, documents or instruments which prove
ownership of such assets or any right related thereto regardless of their form
including electronic or digital form.
Proceeds:
Funds obtained, resulting from or earned directly or indirectly from the
commission of a terrorist offence, as well as any interests, profits or other
incomes resulting or obtained from such funds.
Freezing:
Temporary restriction on the legal or physical disposition of properties,
imposed by order of the Central Bank, the public prosecutor or the court under
the provisions of the present Law.
Confiscation:
Forcible expropriation of properties by virtue of judgment issued by the
Court.
Financial
Institutions: Banks, finance
companies,
currency exchange offices, financial and monetary brokers or any other
financial institution licensed by the Central Bank to operate in the State,
whether they were publicly or privately owned.
Other
Financial, Commercial and Economic Institutions : Institutions licensed and
controlled by institutions other than the Central Bank such as insurance
companies, financial markets and other establishments.
Munasaha
Centers: Administrative units aiming at the enlightenment and reform of persons
deemed to pose terrorist threat or those convicted of terrorist offences.
The
provisions of the present Law shall apply to the offences set forth thereon and
to the felonies and misdemeanors set forth in any other law should they be
committed for a terrorist purpose.
1-
The provisions of the present Law shall apply to whoever commits, outside the
State, any of the terrorist offences in the following cases:
a-
Commission of the offence against the State or any of its citizens, employees,
interests, public properties or public facilities abroad including embassies,
consulates, missions or offices affiliated thereto.
b-
Commission of the offence with the purpose of exert pressure on the State or
urge it to perform a certain act or abstain therefrom.
c-
Commission of the offence in a means of transport that is registered in the
State or that bears its flag.
d-
Commission of certain preparatory actions for an offence within the territories
of the State.
2-
The provisions of the present Law shall apply to every foreigner present within
the State’s territories after having committed, against another state
abroad, any of the offences set forth therein and mentioned in any of the
effective international treaties to which the State is a member, in case such
foreigner is not extradited.
The
rules of applicability of the Law mentioned in the Penal Code, in terms of time,
place and persons, shall apply to matters in respect of which no special
provisions are stipulated in the present Chapter.
Terrorist
Offences and Penalties
Terrorist
Activity Offences
1-
Life imprisonment shall be imposed on whoever kidnaps, for a terrorist purpose,
any of the air, land or sea means of transport.
2-
Capital punishment or life imprisonment shall be imposed should the act
mentioned in the preceding clause result in injuring a person or should the
offender resist the public authorities with force or violence upon the
performance of their duty to recover the mean of transport.
3-
Capital punishment shall be imposed should the offender’s act result in
the person’s death.
1-
Life imprisonment shall be imposed on whoever deliberately destroys, damages or
endangers any of the air, land or sea means of transport or the air, land or sea
navigation facilities, or impedes the services therein for a terrorist
purpose.
2-
Capital punishment or life imprisonment shall be imposed should the act
mentioned in the preceding clause result in wounding or injuring any
person.
3-
Capital punishment shall be imposed should the offender’s act result in a
person’s death.
4-
The offender shall be subject to a fine equal to double the value of the
properties or objects destroyed thereby.
1-
Life imprisonment shall be imposed on whoever manufactures, collects, prepares,
supplies, imports, exports, enters to or exists from the State, acquires,
possesses or disposes of non-conventional weapons or transfer or attempts to
transfer such weapons by post or any means of transport for a terrorist
purpose.
2-
Life imprisonment shall be imposed on whoever embezzles or steals
non-conventional weapons or obtains such weapons by the use of force, threat of
force, or by any methods of deception, fraud or extortion, for a terrorist
purpose.
3-
Capital punishment or life imprisonment shall be imposed on whoever attempts to
use non-conventional weapons. Capital punishment shall be imposed should the
offended uses such weapons for a terrorist purpose.
Capital
punishment or life imprisonment shall be imposed on whoever uses a nuclear,
chemical or biological reactor or damages such reactor in a manner intended to
emit the radiations, radioactive activity, toxins, toxic chemicals, pathological
bio-agents or organism for a terrorist purposes.
Capital
punishment shall be imposed on whoever attempts to commit or commits any
aggression against the safety of the President of the State, his deputy or any
of the members of the Federal Supreme Council, their heir apparents, deputies or
family members, or deliberately endangers their life or freedom for a terrorist
purpose.
Life
imprisonment shall be imposed on whoever uses or threatens of the use of
violence to urge the head of state, his deputy or any of the members of the
Federal Supreme Council, their heir apparents or deputies to perform or abstain
from performing an act that falls within their legal competence.
Life
imprisonment shall be imposed on whoever uses violence or threat of it to urge
the prime minister or any of his deputies, or the ministers, the Chairman of the
Federal National Council or any of its members or the members of the judiciary,
to perform or abstain from the performance of an act that legally falls within
their competence.
1-
Life or temporary imprisonment shall be imposed on whoever attempts to commit
aggression against the safety or freedom of an internationally protected person
for a terrorist purpose. Life imprisonment shall be imposed should the crime be
committed.
2-
Life or temporary imprisonment shall be imposed on whoever commits an
aggression, by the use of force and for terrorist purpose, against the official
headquarters, domicile, or means of transport of an internationally protected
person.
1-
Life imprisonment or temporary imprisonment for 7 years at least shall be
imposed on whoever kidnaps, arrests, detains or imprisons a person as a hostage
or deprives him from his freedom by any means for a terrorist purpose.
2-
Capital punishment or life imprisonment shall be imposed in the following
cases:
a-
Should the act be committed by claiming public status or pretending performance
or assignment of a public service, or by claiming false capacity.
b-
Should the act be committed by deception or by the use of force or threat to
kill or to cause serious harm or acts of physical or psychological
torture.
c-
Should the act be committed by two or more persons or by an armed person.
d-
Should kidnapping, arrest, detention, or deprivation of freedom last for a
period exceeding 24 hours.
e-
Should the victim be a female.
f-
Should the victim be a minor, insane, mentally deranged or disabled.
g-
Should the act be committed against a public officer when performing his job or
due to it.
h-
Should the offender resist public officers when freeing a hostage.
g-
Should the act result in wounding or injuring a person.
3-
Capital punishment shall be imposed should the act result in the death of a
person.
4-
The penalty to which the original offender is sentenced shall be imposed on
whoever knowingly hides a kidnapped person.
Capital
punishment or life imprisonment shall be imposed on whoever commits an action or
inaction intended for threatening the State’s stability, safety, unity,
sovereignty or security, which contradicts the basic principles underlying the
governance system of the State, or with the purpose of making a coup and taking
over the power, illegally invalidating the provisions of the Constitution or
preventing one of the State’s institutions or the public authorities from
practicing their activities, or prejudicing the national unity or the social
security.
Temporary
imprisonment shall be imposed on whoever declares, by any means of
communication, his opposition to the State, or to the ruling system therein or
his non-allegiance to its leadership.
1-
Life or temporary imprisonment shall be imposed on whoever enters the premises
of any diplomatic or consular mission or the premises of any international
authority or organisation in the State or of foreign interests for the purpose
of commission of a terrorist offence.
2-
Life imprisonment shall be imposed should the act be committed by force or by
resistance to the competent authorities or with the use of weapons, or should it
be committed by more than a person.
3-
Capital punishment shall be imposed should the act committed results in the
death of a person.
1-
Life or temporary imprisonment shall be imposed on whoever commits, for a
terrorist purpose, any of the offences set forth in Paragraph 1 of each Articles
190, 290 and 297 or in Paragraphs 1 and 2 of Article 339, or in Articles 202,
301, 302, 337, 338 and 348 of the Penal Code.
2-
Life imprisonment or temporary imprisonment for 5 years at least shall be
imposed on whoever commits, for a terrorist purpose, any of the offences set
forth in Paragraph 1 of Articles 189, 196 and 336, or in Paragraph 2 of Articles
190 and 193 of the Penal Code.
3-
Life imprisonment or temporary imprisonment for 10 years at least shall be
imposed on whoever commits, for a terrorist purpose, any of the offences set
forth in Paragraph 1 of Article 193 or in Articles 296 and 304 of the Penal
Code.
4-
Capital punishment or life imprisonment shall be imposed on whoever commits, for
a terrorist purpose, any of the offences set forth in Article 195 or in
Paragraph 2 of each of Articles 196 and 290 as well as the offences set forth in
Article 299 of the Penal Code.
5-
Capital punishment shall be imposed on whoever commits, for a terrorist purpose,
the offence set forth in Article 332 of the Penal Code.
Whoever
threatens of the commission of a terrorist offence, under circumstances
revealing the seriousness of the threat, shall be subject to the penalty
prescribed to be imposed for the attempt of commission of the aforesaid
offence.
Whoever
plans or seeks the commission of a terrorist crime shall be subject to the
penalty prescribed to be imposed for the attempt of commission of the offence
planned or sought.
Whoever
abets the commission if a terrorist offence shall be subject to the penalty
prescribed to be imposed for the attempt of commission of the abetted offence,
although the abetting had no effect.
Offences
Related to Terrorist Organisations
1-
Capital punishment or life imprisonment shall be imposed on whoever established,
incorporates, organises, manages or undertakes to lead a terrorist
organisation.
2-
The court shall rule shall rule the dissolution of the terrorist organisation
and the closure of its premises.
3-
The court shall rule the confiscation of seized weapons, properties and objects
owned by the organisation, which are allocated thereto, or which were found in
its premises. Moreover, the court shall rule the confiscation of every seized
property that appears to be among the convict’s properties should there be
sufficient evidence or presumptions indicating that such properties actually
constitute a resource allocated for disbursement for the terrorist organisation.
Should it be impossible to seize any of the aforesaid properties, the court
shall rule the imposition of a fine equal to their value, without prejudice to
the rights of bona fide third parties.
1-
Life imprisonment or temporary imprisonment shall be imposed on whoever seeks to
join a terrorist organisation or participate in its activities in any way
whatsoever although aware of its truth and purpose.
2-
Capital punishment or life imprisonment shall be imposed on whoever joins a
terrorist organisation or participates in its activities in any way whatsoever
although aware of its truth or purpose.
1-
Life imprisonment or temporary imprisonment for a period of no less than 10
years shall be imposed on whoever forces or imposes on someone to join,
participate or remain in a terrorist organisation.
2-
Capital punishment shall be imposed should the offender’s act result in a
person’s death.
1-
Capital punishment or life imprisonment shall be imposed on whoever establishes,
incorporates or manages a centre for the purpose of training for terrorist
offences.
2-
The court shall rule the dissolution of the centre and the closure of its
premises.
1-
Life imprisonment or temporary imprisonment for no less than 5 years shall be
imposed on whoever trains someone or gets trained for the purpose of commission
of a terrorist offence.
2-
Life imprisonment or temporary imprisonment for no less than 10 years shall be
imposed should the training for the use of conventional weapons or the practice
of military or martial arts or security trainings be intended for the purpose of
commission of a terrorist offence.
1-
No meeting or gathering may be held, in any place in the State, by any terrorist
organisation or terrorist person for a terrorist purpose. The public authority
may dissolve the meeting or the gathering by the use of force when
necessary.
2-
Life or temporary imprisonment shall be imposed on whoever contribute to the
preparation for such meeting or gathering or participates therein although aware
of its truth and purpose.
Offences
of Conspiracy to Commit Terrorist Acts
1-
Life imprisonment shall be imposed on whoever seeks, for a foreign country,
terrorist organisation, terrorist person or any of the persons who work on their
behalf as well as those who communicate of them, to commit a terrorist
offence.
2-
Capital punishment shall be imposed should the sought or communicated offence be
committed.
1-
Temporary imprisonment for a period of no less than 10 years shall be imposed on
whoever participates in a criminal agreement whether intended for the purpose of
commission of a terrorist offence or for the use of such offence in order to
fulfill the purpose of the criminal agreement.
2-
Life imprisonment shall be imposed on whoever is involved in the management of
the agreement’s progress.
3-
Temporary imprisonment shall be imposed on whoever calls upon someone to join
such agreement without his call being accepted.
4-
Should the purpose of the agreement be the commission of certain terrorist
offence or the use of such offence as a mean in order to fulfil the
agreement’s purpose, and should the penalty prescribed to be imposed for
the attempt to commit such offence be less severe than what is set forth in the
preceding clauses, no severer penalty shall be imposed.
5-
Every offender who takes the initiative to inform the competent authorities of
the agreement and of the parties participating therein before the commencement
of commission of a crime set forth herein, shall be exempted from the penalties
prescribed in the first three clauses.
Terrorism
Financing Offences
Life
imprisonment or temporary imprisonment for no less than 10 years shall be
imposed on whoever:
1-
Offers, collects, prepares, obtains or facilitates the obtainment of funds for
the purpose of using same although aware that they will be used, in part or in
whole, in the commission of a terrorist offence.
2-
Offers funds to a terrorist organisation or person or collects, prepares,
obtains or facilitates the obtainment of funds for such terrorist organisation
of person, although aware of the their or purpose.
3-
Acquires, takes, manages, invests, possess, transmits, transfers, deposits,
keeps, uses or disposes of funds or carries out any commercial or financial bank
transaction although aware that all or part of such funds are collected as a
result of a terrorist offence, owned by a terrorist organisation or intended for
the financing of a terrorist organisation, person or offence.
Life
imprisonment or temporary imprisonment for no less than 10 years shall be
imposed on whoever is aware that the funds are, in whole or in part, collected
as a result of a terrorist offence, owned by a terrorist organisation, illegal,
owned by a terrorist person or intended for the financing of a terrorist
organisation, person or offence, and commits any of the following acts:
1-
Transfers, transmits, deposits, or replaces funds for the purpose of concealing
or camouflaging their truth, origin or illegal purpose.
2-
Conceals or camouflages the truth, origin, place, method of disposition,
movement and ownership of the illegal funds or the rights related thereto.
3-
Acquires, possesses, uses, manages, keeps, invests, replaces or deals in the
funds for the purpose of concealing or camouflaging their truth, origin or
illegal purpose.
Terrorism-Supporting
Offences
1-
Life or imprisonment or temporary imprisonment for no less than 5 years shall be
imposed on whoever cooperates with a terrorist organisation while aware of its
truth and purpose.
2-
Life imprisonment or temporary imprisonment for no less than three years shall
be imposed on whoever assists a terrorist person on the achievement of his
purpose although aware of his truth and purpose.
3-
Capital punishment or life imprisonment shall be imposed should the perpetrator
in the preceding two clauses be a member of the armed police or security forces
or have previously followed military or security training.
1-
Capital punishment or life imprisonment shall be imposed on whoever supplies a
terrorist organisation or terrorist person with conventional or non-conventional
weapons or other materials that endanger peoples’ life and properties,
although aware of the truth or the purpose of the organisation or the
person.
2-
Life imprisonment or temporary imprisonment for no less than 10 years shall be
imposed on whoever supplies a terrorist organisation or terrorist person with
equipment, valid or false documents, communication means or any materials,
information, consultation, dwelling, habitation, place for meeting or any other
facilities which help such organisation or person achieve the purpose thereof,
although aware of their truth or purpose.
3-
Life imprisonment or temporary imprisonment for no less than 10 years shall be
imposed on whoever conceals, destroys, steals, or embezzles a paper or
electronic document to prevent the detection or establishment of commission of a
terrorist offence.
Life
imprisonment or temporary imprisonment shall be imposed on whoever knowingly
enables any person arrested or convicted for the commission of a terrorist
offence to escape.
Terrorism
Promotion Offences
1-
Temporary imprisonment for no more than 10 years shall be imposed on whoever
knowingly promotes or supports a terrorist organisation, person or offence,
whether verbally, in writing or by any other method.
2-
Temporary imprisonment for no more than 10 years shall be imposed on
whoever:
a-
Knowingly possesses, in person or through someone else, any documents, print or
recordings of any kind, that encompass promotion or supporting of any terrorist
organisation, person or offence if intended for distribution or access by
others.
b-
Knowingly possesses or acquires any printing, recording or publishing mean used
or intended to be used, even if temporarily, for the printing, recording,
circulating or publishing any of the aforementioned.
Terrorism-Related
Offences
1-
Temporary imprisonment for no more than 10 years shall be imposed on whoever
learns of the commission of a terrorist offence or of the existence of a project
of commission of any of the terrorist crimes and fails to report the matter to
the competent authorities.
2-
Should the person who abstained from reporting be the offender’s spouse,
relative or in-law to the fourth degree, said person shall be exempted from the
penalty referred to in the preceding clause.
1-
Temporary imprisonment for a period of no more than 5 years shall be imposed on
whoever falsely reports, in bad faith, to the judicial authorities or
administrative entities the existence of a terrorist offence.
2-
Temporary imprisonment for no less than 5 years shall be imposed should the
reporting be intended for the creation of fear among people.
3-
Temporary imprisonment for no less than 5 years shall be imposed on whoever
places or carries in public or private places models or structures having the
forms of explosives or crackers or which appear as having such forms, for a
terrorist purpose.
1-
Life or temporary imprisonment shall be imposed on whoever commits any
aggression against the persons in charge of the implementation of the provisions
of the present Law upon the performance of their duty or due to it, or resists
such persons by the use or threatening of force or violence.
2-
Life imprisonment shall be imposed should the aggression or resistance result in
a permanent disability or if the offender was armed or has kidnapped or detained
any person in charge of the implementation of the provisions hereof or the
spouse, ascendant, descendant or any relative or in-law, to the second degree,
of such person.
3-
Capital punishment shall be imposed should the aggression, resistance,
kidnapping or detention result in a person’s death.
1-
Temporary imprisonment shall be imposed on whoever escapes after being
provisionally arrested, detained or remanded for the commission of a terrorist
offence.
2-
Temporary imprisonment for no less than 5 years shall be imposed should the
offence be committed by two or more persons or by the use of threat or violence
against persons or by the destruction of properties.
3-
Life imprisonment or temporary imprisonment for no less than 10 years shall be
imposed should the offence be committed by the use of a weapon or by threatening
thereof.
Terrorist
Offences Set Forth in Other Laws
Except
for matters for which special provisions have been stipulated in the present
law, the felonies and misdemeanors set forth in the Penal Code or any other law
shall be deemed terrorist offences if committed for a terrorist purpose. The
penalty shall be imposed as follows:
1-
If the penalty originally prescribed for the offence is imprisonment, the
maximum punishment shall be doubled.
2-
If the penalty originally prescribed for the offence is temporary imprisonment
for less than 15 years, the period of imprisonment reach this limit.
3-
If the penalty originally prescribed for the offence is temporary imprisonment
for the maximum limit, the period of imprisonment may either reach 20 years or
be replaced by life imprisonment.
4-
If the penalty originally prescribed for the offence is life imprisonment,
capital punishment may be imposed.
Special
Substantive and Procedural Provisions
Special
Substantive Provisions
1-
A person shall be deemed as posing terrorist threat if said person adopts the
extremist or terrorist ideology to the extent that he/she seem likely to commit
a terrorist offence.
2-
If a person appears to pose terrorist threat, he/she shall be sent to Munasaha
centers, by virtue of a judgment issued by the Court and upon a request of the
prosecution.
3-
Every three months, the Munasaha Centre shall submit to the Prosecution a
periodic report on the person sent to the Centre. The Prosecution shall submit
such report along with its opinion to the court. The court shall order release
of the person should it find that his/her condition so allows.
1-
The Court may, upon a request from the Prosecution, rule subjecting the persons
deemed as posing terrorist threat to one or more of the following measures for a
period specified thereby:
a-
Prohibition of travel.
c-
Prohibition of residence in a specified place or region.
d-
Determination of residence in a specified place.
e-
Prohibition of visiting of certain places or premises.
f-
Prohibition of communication with specified person(s).
2-
The court shall supervise the execution of the measures ordered thereby and the
Prosecution shall submit reports to said court on the conduct subjected to the
measure within regular periods of no more than three months each.
3-
The court may order termination, modification or reduction of period of a
measure upon a request from the Prosecution or the person subjected to such
measure. Should said person’s request be rejected, he/she may not submit a
new request unless after the lapse of three months from the date of
rejection.
4-
If the person subjected to the measure violates the measure ordered by the
court, he/she shall be subject to imprisonment for a period not exceeding one
year.
1-
A fine of no less that AED 1000000 and no more than AED 100000000 shall be
imposed on every juridical person whose representatives, managers or agents
commit or contribute to the commitment of any of the terrorist offences should
such offences be committed in the name of such person or on behalf
thereof.
2-
The court shall rule dissolution of the juridical person and closure of the
premises wherein such person practices the activity thereof.
3-
Determining a juridical person as liable shall not result in ruling out the
criminal liability of natural persons, whether original perpetrators or aiders,
for the same facts underlying the offence.
The
offences set forth in the present Law shall be deemed an offence prejudicing
internal and external security of the State.
Should
the act committed be a crime set forth at the same time in the present Law, the
Penal Code and the any other law, it shall be deemed a terrorist offence subject
to the provisions of the present Law. The severest penalty shall be
imposed.
The
court shall rule the confiscation of the seized weapons, objects and funds that
were used in the commission of the terrorist offence, were intended to be used
therein, were a subject thereof or were obtained therefrom. Should it be
impossible to seize any of such funds, the court shall rule the imposition of a
fine equal to their value, without prejudice to the rights of bona fide third
parties.
Every
ruling of conviction for terrorist offence issued against a foreigner shall
necessitate expulsion of the convict outside the country after the lapse of the
penalty ruled.
The
court shall, sua sponte or upon a request of the public prosecutor, rule the
commutation of sentence
or
exemption therefrom, for every offender who discloses to the judicial or
administrative authorities any information related to a terrorist offence,
whenever such disclosure leads to the detection of the offence and the
perpetrators, the establishment of its commission thereby or their arrest.
The
public prosecutor may subject the person, on which is imposed a
freedom-restricting penalty for a terrorist crime, to the Munasaha program under
the supervision of a Munasaha Centre. Such program shall be implemented in the
penitentiaries wherein the convict spends his/her sentence.
Special
Procedural Provisions
By
way of exception from the provisions of the Criminal Procedures Law, the remand
order shall be issued by the Prosecution following the accused’s
investigation, for a period of 14 days extendable for other similar periods if
the investigation interest so requires; provided that such period does not
exceed 3 months. Such period may not be extended unless by virtue of an order
issued by the court.
Should
multiple offences that are inextricably linked to one another, one of which is a
terrorist offence, be committed, the court shall undertake to decide upon all of
the linked offences.
The
court may, sua sponte or based on a request from the prosecution, decide to
carry out the following:
a-
Take the measures necessary for the protection of intelligence information as
well as the methods of obtainment thereof.
b-
Take the measures necessary for the protection of the offenders, witnesses,
experts, confidential sources, whistleblowers, and other parties to the lawsuit,
in case there were any serious concern for their safety.
By
way of exception from the provisions of Paragraph 2 of Article 20 of the
Criminal Procedures Law, a criminal lawsuit shall not lapse by limitation with
respect to terrorist offences.
1-
The penalty imposed for terrorist offences shall neither lapse nor be dropped
unless by complete execution, general or special amnesty.
2-
The freedom-restricting penalties imposed for a terrorist offence shall not be
subject to early release set forth in any applicable law.
1-
The public prosecutor or any attorney general authorised thereby may directly
order the perusal or obtainment of any data or information related to accounts,
deposits, trusts, safe deposit boxes, transfers, or movements of funds on which
the Prosecution have received sufficient evidence proving that they are related
to the financing of a terrorist organisation, person or offence, subject-matter
of a terrorist offence, obtained therefrom, used or intended to be used therein,
and should such disclosure of truth have led to the perusal or obtainment of
such data or information available at the Central Bank, the financial
institutions and the other financial, commercial or economic institutions.
2-
When necessary, the public prosecutor or any attorney general authorised thereby
may order the prohibition of a terrorist person from traveling.
The
public prosecutor may order the freezing of funds suspected to be intended for
the financing of a terrorist organisation, person or offence, a subject-matter
of a terrorist offence, obtained therefrom, used or intended to be used therein,
until the completion of investigations conducted in this regard.
Without
prejudice to the provisions of Article 55 of the present Law, the Governor of
the Central Bank or whoever acts in his stead may order freezing, for a period
not to exceed 7 days, of funds deposited in banks or any other financial
institutions, that are suspected to be intended for the financing of a terrorist
organisation, person or offence or obtained from a terrorist offence; provided
that the public prosecutor is notified of the matter within 7 days from the date
of issuance of the order. The public prosecutor may either cancel the freezing
order or order continuation of freezing.
1-
Every person against whom a decision is issued under the
provisions
of Articles 55 and 56 and Clause 2
of Article 54 of the present Law may file a grievance against said decision to
the court. Should the grievance be rejected, said person may file a new
grievance after the lapse of three months from the date of the rejection
decision.
2-
The grievance shall be made by a statement at the court. The president of the
court shall set a date for the hearing of the grievance and notify the griever
and every concerned person. The public prosecution shall submit a memorandum of
its opinion as to the grievance, and the court shall decide upon the grievance
within a period not exceeding 14 days from the date of the statement. The court
shall issue its decision of either the cancelation or modification of the
decision issued by the attorney general or the rejection of the grievance.
The
court may order freezing of the funds or proceeds or prohibition of travel until
the end of trial.
In
all cases, the decisions of freeing of funds at the financial institutions shall
not be executed unless through the Central Bank.
1-
All the authorities concerned with the implementation of the provisions of the
present Law shall undertake to keep confidential all information obtained
thereby in implementation of the provisions hereof and not to disclose same
unless to the extent necessary for the evidence-gathering or investigation for
terrorist offences.
2-
Temporary imprisonment shall be imposed on every employee of such authorities
who discloses to any person any of the notification, evidence-gathering or
inspection procedures taken with respect to the offences or any data related
thereto.
Neither
the Central Bank nor the financial institutions or the other financial,
commercial and economic institutions, the members of their boards of directors,
employees or their legally authorised representatives shall be held criminally
or civilly responsible for execution of the orders and decisions of freezing of
accounts or seizure of such funds at said authorities or upon violation of
restriction imposed for guaranteeing the confidentiality of the information in
implementation of the provisions hereof, unless such procedures are adopted in
ill faith.
Administrative
Procedures for the Combat of Terrorist Offences
National
Committee for Combating Terrorism
A
committee called (National Committee for Combating Terrorism) shall be
established under the present Law. The Cabinet shall issue a decision on the
formation, competences and functioning system of said Committee.
1-
The Cabinet may, based on the proposal of the Minister of Presidential Affairs,
issue a decision on the creation of list(s) of terrorist organisations or
persons that pose threat to the State or that the State is internationally bound
to include therein.
2-
The Cabinet Decision on the creation of the lists shall specify the rules of
inclusion, write-off and re-inclusion as well as the legal effects resulting
from all the aforementioned. Moreover, the aforesaid decision shall specify the
authority(ies) in charge of such procedures in addition to the methods and rules
of grievance against their decisions.
Every
person whose name is included in the terrorism lists may file a grievance
against the inclusion decision. If the grievance is rejected or no reply thereto
is issued within 60 days from the date of its filing, the grievant may challenge
the inclusion decision before the competent court within 60 days from the date
on which such person is informed of the rejection or expiry of the reply
deadline.
3-
The Decision shall specify the methods and rules of revision of terrorism lists,
provided that revision is carried out within regular periods not exceeding one
year each.
The
provisions set forth in the Penal Code and the Criminal Procedures Law shall
apply with respect to the matters for which no special provisions has been set
in the present Law.
The
Committee formed by virtue of Decree-Law No. 1 of 2004 on the Combat of
Terrorist Offences shall continue practicing its competences until a decision is
issued by the Cabinet on its reformation in accordance with the provisions
hereof.
By
a Cabinet Decision, one or more Munasaha Centres shall be established for the
purpose of enlightenment and reform of persons convicted of terrorist offences
or those are deemed to pose terrorist threat.
Federal
Decree-Law No. 1 of 2004 on the Combat of Terrorist Offences shall be abrogated
and every provision contravening or contradicting the provisions hereof shall be
canceled.
The
present Law shall be published in the Official Gazette and shall come into force
as of the day following its publication date.
Issued
by Us in Abu Dhabi Presidential Palace
Corresponding
to 20/08/2014
Khalifa Bin
Zayed Al Nahyan
President of the
United Arab Emirates State
The present Federal Law was published in the
Official Gazette issue no. 569, p. 13