Federal
Decree Law No. 20
Corresponding
to 13 Muharram 1440 H.
ON
FACING MONEY LAUNDERING AND COMBATTING THE FINANCING OF TERRORISM AND ILLEGAL
ORGANISATIONS

Law
no. 4/2002 dated 22/01/2002,
Federal
Decree-Law No. 26 dated 13/09/2021
We,
Khalifa Bin Zayed Al Nahyan, President of UAE,
Pursuant
to the perusal of the Constitution,
Federal
Law no. (1) of 1972 Federal Law No. (1) of 1972 Federal Law no. 1 of 1972 on
Competencies of the Ministries and Powers of the Ministers and its
amendments;
Federal
Law no. (6) of 1985 on Islamic Banks, Financial Institutions and Investment
Companies;
Federal
Law no. (3) of 1987 issuing the Penal Code and its amendments,
Federal
Law no. (35) of 1992 issuing the Penal Procedures Code and its amendments;
Federal
Law no. (14) of 1995 on fighting narcotics and psychotropic substances and its
amendments;
Federal
Law no. (4) of 2000 on the Emirates Securities and Commodities Authority and
Market and its amendments;
Federal
Law no. (4) of 2002 on the criminalization of money laundering and combatting of
the financing of terrorism and its amendments;
Federal
Law no. (8) of 2004 on the Financial Free Zones;
Federal
Law (13) of 2004 on the Supervision of Import/Export and Transit of Rough
Diamonds and its amendments;
Federal
Law no. (1) of 2006 on the Electronic Commerce and Transactions;
Federal
Law no. (39) of 2006 on the International Judicial Cooperation on Criminal
Matters;
Federal
Law no. (51) of 2006 Combating Crimes of Human Trafficking and its
amendments;
Federal
Law no. (6) of 2007 on the establishment of the Insurance Authority and the
regulation of its operations and its amendments;
Federal
Law no. (2) of 2008 on the National Societies and Associations of Public
Welfare;
Federal
Law no. (6) of 2010 on the Credit Information;
Federal
Law no. (5) of 2012 on the Prevention of Information Technology Crimes and its
amendments;
Federal
Decree-Law no. (5) of 2013 on weapons, ammunitions, explosives and military
equipment;
Federal
Law no. (7) of 2014 on Combating Terrorism Offences;
Federal
Law no. (2) of 2015 on Commercial Companies and its amendments;
Federal
Law no. (8) of 2015 on the Federal Customs Authority;
Federal
Law no. (11) of 2015 on the supervision of trading and stamping of precious
metals and stones;
Federal
Law no. (7) of 2017 on Tax Procedures;
Federal
Decree-Law no. (7) of 2017 on Excise Tax;
Federal
Decree-Law no. (8) of 2017 on the Value Added Tax;
Federal
Decree-Law no. (14) of 2018 regarding the 'Central Bank and the Organisation of
Financial Institutions and Activities; And based on the proposal made by the
Minister of Finance and the approval of the Cabinet,
Have
issued the following Decree-Law:
The
text of Article (1) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
In
application of the provisions of the present Decree-Law, the following terms and
expressions shall have the meanings assigned against each, unless the context
requires otherwise:
State:
The United Arab Emirates.
Ministry:
The Ministry of Finance.
Minister:
The Minister of Finance.
Central
Bank: The Central Bank of the United Arab Emirates.
Governor:
The Governor of the Central Bank.
Committee:
The National Committee for Combating Money Laundering and the Financing of
Terrorism and Illegal Organisations.
FIU:
The Financial Intelligence Unit.
Supervisory
Authority: The federal and local authorities which are entrusted under
legislation with the control of Financial Institutions, Designated Non-Financial
Businesses and Professions, Virtual Asset Service Providers and Non-Profit
Organisations, or the competent authority in charge of approving the pursuit of
an activity or a profession in case no Supervisory Authority is determined by
the legislation.
Law
Enforcement Authorities: The federal and local authorities which are entrusted
under the applicable legislation to combat, search, investigate and collect
evidence on the Crimes, including Money Laundering, Financing of Terrorism and
Financing of Illegal Organisations.
Concerned
Authorities: The government authorities concerned with the implementation of any
provision of the present Decree-Law in the State.
Predicate
Offence: Any act which constitutes a felony or a misdemeanour under the
applicable legislation in the State, whether such an act is committed inside or
outside the State whenever it is punishable in both States.
Money
Laundering: Any of the acts set out in Clause (1) of Article (2) of the present
Decree-Law.
Financing
of Terrorism: Any of the acts set out in Articles (29, 30) of aforementioned
Federal Law No. (7) of 2014.
Illegal
Organisations: The organisations whose establishment is criminalised or the
organisations which exercise a criminalised activity.
Financing
of Illegal Organisations: Any physical act or legal action aiming at providing
funding to an Illegal Organisation or to any of its activities or members.
Crime:
Money Laundering and the related Predicate Offences or the Financing of
Terrorism or Illegal Organisations.
Funds:
The assets however the manner of their acquisition and whatever their form,
whether tangible or intangible, movable or immovable, electronic, digital or
crypto, including the national currency, foreign currencies, legal documents and
instruments in any form, including electronic or digital, that evidence
ownership of those assets or the shares or rights related thereto, as well as
the economic resources considered as assets regardless of their form, including
natural resources, bank credits, cheques, payment orders, shares, securities,
deeds, bills of exchange, letters of credit and any other returns, profits or
incomes derived or generated from such assets, and that may be used to obtain
any funding, goods or services.
Virtual
Assets: A digital representation of value that is digitally tradable or
convertible, and that may be used for payment, investment and other purposes as
set out in the Implementing Regulation of the present Decree-Law.
Proceeds:
The Funds generated directly or indirectly from the perpetration of any felony
or misdemeanour including profits, privileges and economic interests, and any
similar Funds that are fully or partially converted into other Funds.
Instrumentalities:
Whatever is used or intended to be used in any form to commit a felony or a
misdemeanour.
Suspicious
Transactions: The transactions related to Funds for which there are reasonable
grounds to believe that they are derived from any felony or misdemeanour or they
are related to the Financing of Terrorism or Illegal Organisations, whether
committed or attempted.
Freezing
or Seizure: The temporary prohibition from transferring, converting, moving,
replacing or disposing of Funds in any form by order of a Competent
Authority.
Confiscation:
The permanent expropriation of private Funds, Proceeds or Instrumentalities by
order of a competent court.
Financial
Institutions: Whoever undertakes one or more of the financial activities or
transactions set out in the Implementing Regulation of the present Decree-Law
for a Customer or on behalf thereof.
Designated
Non-Financial Businesses and Professions: Whoever undertakes one or more of the
commercial or professional activities set out in the Implementing Regulation of
the present Decree-Law.
Non-Profit
Organisations: Any not-for-profit organised group with a continuing nature for a
specified or an unspecified duration comprising of natural or legal persons or a
Legal Arrangement, which collects, receives or disburses Funds for charitable,
religious, cultural, educational, social, solidarity or any other charitable
activities.
Legal
Arrangement: The relationship established under a contract between two or more
parties including but not limited to trust funds or other similar
arrangements.
Customer:
Whoever carries out or attempts to carry out any of the activities set out in
the Implementing Regulations of the present Decree-Law with one of the Financial
Institutions, Designated Non-Financial Businesses and Professions or Virtual
Asset Service Providers.
Beneficial
Owner: A natural person who has or exercises effective ultimate control over the
Customer or the natural person on whose behalf the Transactions are carried out,
or the person who has effective ultimate control over a legal person or a Legal
Arrangement, whether directly or through a chain of ownership, control or other
indirect means.
Virtual
Asset Service Providers: Any natural or legal person whose business consists of
one or more of the Virtual Asset activities set out in the Implementing
Regulation of the present Decree-Law, or the related Transactions carried out
for another natural or legal person or on behalf thereof.
Transaction:
Any disposal or use of the Funds or Proceeds, including for example the deposit,
withdrawal, conversion, sale, purchase, lending, swap, mortgage and donation.
Registrar:
The authority in charge of supervising the register of commercial names for
various types of establishments registered in the State.
Customer
Due Diligence (CDD): The process of identifying or verifying the information of
the Customer or Beneficial Owner, be him a natural or legal person or a Legal
Arrangement, the nature of his activity, the purpose of the business
relationship and the structure of ownership and control thereof, for the
purposes of the present Decree-Law and its Implementing Regulation.
Controlled
Delivery: A method whereby the Competent Authority allows, under its control,
the entry, passage, transit or exit of illegal or suspicious Funds or Proceeds
of the Crime to and from the State territories for the purpose of investigating
a Crime and identifying its perpetrators.
Undercover
Operation: A search and investigation method whereby a law enforcement officer
uses an identity other than his own or plays a disguised or false role to obtain
evidence or information related to the Crime.
The
text of Article (2) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
Whoever had the knowledge that the Funds are derived from a Predicate Offence
and wilfully commits any of the acts set out here below shall be considered as
committing Money Laundering:
a-
Transferring or moving the Proceeds or conducting any Transaction in respect
thereof with the intent of concealing or disguising their illicit source.
b-
Concealing or disguising the true nature, source or location of the Proceeds as
well as the manner of disposal thereof, their movement, their ownership or the
rights related thereto.
c-
Acquiring, possessing or using the Proceeds upon receiving them.
d-
Assisting the perpetrator of the Predicate Offence to escape punishment.
2-
Money Laundering shall be considered an independent crime, and the punishment of
the perpetrator of the Predicate Offence shall not preclude his punishment for
Money Laundering.
3-
The conviction for the Predicate Offence shall not be required to prove the
illicit source of the Proceeds.
Without
prejudice to the provisions of Federal Law No. (3) of 1987 referred to, and
Federal Law No. (7) of 2014 referred to herein:
1-
Is guilty of the crime of financing terrorism anyone who intentionally commits
any of the following:
a-
Any of the acts specified in Clause (1) of Article (2) of the present
Decree-Law, if he is aware that the proceeds are wholly or partly owned by a
terrorist organisation or terrorist person or intended to finance a terrorist
organisation, a terrorist person or a terrorism crime, even if it without the
intention to conceal or disguise their illicit origin.
b-
Providing, collecting, preparing or obtaining Proceeds or facilitating their
obtainment by others with intent to use them, or while knowing that such
proceeds will be used in whole or in part for the commitment of a terrorist
offense, or if he has committed such acts on behalf of a terrorist organisation
or a terrorist person while aware of their true background or purpose.
2-
Is guilty of financing illegal organisations crime anyone who intentionally
commits any of the following:
a-
Any of the acts specified in Clause (1) of Article (2) of this Decree-Law, if he
is aware that the proceeds are wholly or partly owned by an illegal organisation
or by any person belonging to it or intended to finance any of them, even if
without the intention to conceal or disguise their illicit origin.
b-
Providing, collecting, preparing, obtaining Proceeds or facilitating their
obtainment by others with intent to use them, or while knowing that such
proceeds will be used in whole or in part for the benefit of an Illegal
organisation or of any of its members, with knowledge of its true background or
purpose.
The
legal person shall be criminally responsible for the crime if it is committed in
its name or for his account intentionally, without prejudice to the personal
criminal responsibility of the perpetrator and the administrative penalties as
prescribed by law.
1-
The Governor or his delegate shall have the right to freeze suspicious funds
deposited at financial institutions for no more than (7) seven working days, in
accordance with the rules and controls stipulated in the Implementing Regulation
of the present Decree-Law, renewable by order of the public prosecutor or his
delegate.
2-
The Public Prosecution and the competent court, as the case may be, shall
request the identification, tracking, or evaluation of suspicious funds,
proceeds and instrumentalities or of whatever is of equivalent value or seizing
or freezing them if they are the result of, or in connection with, the crime
without pre-advising the owner and issuing a travel ban until the investigation
or trial is completed.
3-
The Public prosecution and the competent court, as the case may be, when need
be, shall take the necessary decision to prohibit trading or disposing of such
funds, proceeds and instrumentalities and take the necessary actions to prevent
any act aiming at evading related freezing or seizing orders, without prejudice
to the rights of bona fide third parties.
4-
All freezing orders of funds held by financial institutions licensed by the
CBUAE may be only be executed through the CBUAE.
5-
Any grievance against the Public Prosecution's decision to freeze or seize shall
be filed in accordance with the provisions of the present Article before the
competent court in whose jurisdiction the public prosecution issuing the
decision is located. If the grievance is rejected, a new one may be lodged
only after the expiry of three months from the date of rejection of the previous
one, unless there is a serious reason to do so before the expiry of that
period.
6-
The grievance shall be file by virtue of a report to be submitted to the
competent court. The president of the court shall set a date to review the
report and notify the plaintiff and any concerned parties of the date. The
public prosecution shall submit a memorandum expressing its opinion on the
grievance. The court shall issue its decision on this grievance within no more
than (14) fourteen business days from the date of its submission.
7-
The Public prosecution and the competent court, as the case may be, shall
appoint whomever they find suitable to manage the funds, proceeds and
instrumentalities seized, frozen or confiscated, also allowing the receiver to
sell or dispose of it, even before the issuance of a court decision if needed.
The proceeds of the sale shall be transferred to the UAE treasury in case of a
final judgment of conviction. These funds shall be earmarked to any rights
awarded legally to any party acting in good faith, proportionately to its
value.
8-
The Implementing Regulation of the present Decree-Law shall define the rules and
procedures for implementing the dispositions of the present Article.
The
text of Article (6) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
Without prejudice to the provisions of Article (5) of the present Decree-Law, no
criminal proceedings shall be instituted against the perpetrator of Money
Laundering, Financing of Terrorism or Financing of Illegal Organisations except
by the Public Prosecutor or whoever he delegates.
2-
The Public Prosecutor or whoever he delegates and the competent court, as the
case may be, shall issue a decision to implement the necessary measures to
protect the intelligence and the methods and approaches for obtaining same, or
shall instruct the Competent Authorities to protect the witnesses, the
undisclosed sources, the accused or the other parties involved in the case, if
there is a serious concern for their safety.
1-
The Public prosecution may, sua sponte or upon the request of the law
enforcement authorities, and should there be sufficient evidence of the
occurrence of the crime, shall request direct access to accounts, records and
documents held by third parties and request access to the stored data in the
computer system and information technology programs, memorandums,
correspondences and packages, identify track and seize the funds, control
the accounts, issue travel bans and other procedures aiding in uncovering the
crime and its perpetrators without prejudice to the legislation applicable to
the UAE.
2-
The Law Enforcement Authorities may conduct undercover operations and adopt
other investigative methods and initiate the controlled delivery operation aimed
at detecting the crime or its evidence or identifying the source and destination
of the funds, proceeds or instrumentalities or arresting the perpetrators
without prejudice to the legislations applicable in the UAE.
3-
Any person involved in an undercover operation or a controlled delivery
operation by Law Enforcement Authorities or any act that it is punishable under
law shall not be held criminally responsible unless such person has instigated
the perpetration of the crime or exceeded the powers granted to them by the Law
Enforcement Authorities, or instigated the perpetration of the crime.
4-
The Competent authorities in the UAE shall keep comprehensive statistics on the
reports of suspicious transactions, investigations and crime-related judgments,
seized, frozen or confiscated funds, international cooperation requests and any
statistics related to the efficiency and sufficiency of crime combating
procedures.
Any
person shall disclose whenever he brings into the UAE or take out thereof any
currency or bearer negotiable instruments or precious metals or stones of value,
in accordance with the disclosure system issued by the Central
Bank

.
The
text of Article (9) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
The
Central Bank shall establish an independent “Financial Intelligence
Unit” to which the Suspicious Transaction Reports and the related
information shall be exclusively sent from all the Financial Institutions,
Designated Non-Financial Businesses and Professions and Virtual Asset Service
Providers. The FIU shall examine and analyse said reports and information and
shall refer them to the Competent Authorities, either automatically or upon
request. The FIU shall exercise the following competences:
1-
Requesting the Financial Institutions, Designated Non-Financial Businesses and
Professions, Virtual Asset Service Providers and Concerned Authorities to submit
any additional information or documents related to the received reports and
information as well as other any information it may deem necessary for the
discharge of its functions, on the date and in the form determined by the
FIU.
2-
Exchanging information with its counterparts in the other States on Suspicious
Transaction Reports or any other information which the FIU has power of access
thereto directly or indirectly under international conventions to which the
State is a party or any agreements signed by the FIU with its counterparts for
governing the cooperation therewith or the condition of reciprocity. The FIU may
inform its counterparts of the findings derived from the use of the information
provided and the analyses conducted based on such information. This information
may only be used for the purposes of combating the Crime and it may not be
disclosed to any third party without the approval of the FIU.
3-
Establishing a database or a special register for the available information,
protecting the information by setting rules governing the security and privacy
thereof, including procedures for handling, archiving and transmitting the
information, and making sure to restrict access to its facilities, information
and technical systems.
4-
Any other competences set out in the Implementing Regulation of the present
Decree-Law.
1-
The Public prosecution may seek the opinion of the FIU about incoming reports it
receives related to cases of money laundering, financing of terrorism and of
illegal organisations.
2-
Law Enforcement Authorities shall be responsible for receiving and following-up
on suspicious transactions reports received from the FIU and gathering related
evidence.
3-
Law Enforcement Authorities may obtain the information that it deems necessary
to perform its duties from the relevant authorities as stipulated under the
Implementing Regulation of the present Decree-Law.
A
committee chaired by the Governor, called "National Committee for Combating
Money Laundering and the Financing of Terrorism and Illegal Organisations",
shall be established by virtue of the provisions of this Decree-Law. A decision
on the formation of the Committee shall be issued by the Minister.
The
text of Article (12) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26/2021 dated 13/09/2021 to read as follows:
The
Committee shall exercise the following competences:
1-
Preparing and developing a national strategy for combatting the Crime, proposing
related regulations, procedures and policies in coordination with the Concerned
Authorities and monitoring their implementation.
2-
Determining and assessing the risks of the Crime at national level.
3-
Coordinating with the Concerned Authorities, referring to the sources of the
information in the relevant international entities to identify high-risk States
and States with weaknesses in their regulations on combating Money Laundering
and Financing of Terrorism, determining the countermeasures and other measures
to be implemented in proportion to the risk level and directing the Supervisory
Authorities to ensure that the Financial Institutions, Designated Non-Financial
Businesses and Professions, Virtual Asset Service Providers and Non-Profit
Organisations that fall under their supervision implement such measures.
4-
Facilitating the exchange of information and coordinating among the bodies
represented therein.
5-
Collecting and analysing the statistics and other relevant information by the
Concerned Authorities to assess the effectiveness of the regulation on combating
Money laundering, Financing of Terrorism and Financing of Illegal
Organisations.
6-
Representing the State in international forums on combating Money Laundering and
Financing of Terrorism.
7-
Proposing the regulation governing the work of the Committee, and presenting
same to the Minister for approval.
8-
Any other matters referred thereto by the Concerned Authorities in the State.
The
text of Article (13) was replaced by virtue of Article (1) of Federal Decree Law
No. 26 dated 13/09/2021 to read as follows:
The
Supervisory Authorities shall, each within its own competence, discharge
supervision, monitoring and follow-up functions to ensure compliance with the
provisions of the present Decree-Law, its Implementing Regulation, the
regulatory decisions and any other relevant decisions. It may exercise the
following competences in particular:
1-
Conduct a risk assessment on the likelihood of perpetration of the Crime within
Financial Institutions, Designated Non-Financial Businesses and Professions,
Virtual Asset activities, activities of Virtual Asset Service Providers and
Non-Profit Organisations.
2-
Conduct office and field audits and inspections over Financial Institutions,
Designated Non-Financial Businesses and Professions, Virtual Asset Service
Providers and Non-Profit Organisations.
3-
Issue decisions on the administrative penalties in accordance with the
provisions of the present Decree-Law and its Implementing Regulation as well as
the grievance mechanism, and maintain the statistics on the measures implemented
and the penalties imposed.
4-
Any other competences set out in the Implementing Regulation of the present
Decree-Law.
The
text of Article (14) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
Without prejudice to any more severe administrative penalty provided by any
other legislation, the Supervisory Authority shall impose the following
administrative penalties upon the Financial Institutions, Designated
Non-Financial Businesses and Professions, Virtual Asset Service Providers and
Non-Profit Organisations that fall under its supervision in case they violate
any provision of the present Decree-Law, its Implementing Regulation, the
regulatory decisions or any other related decisions:
b-
Administrative penalty not less than (AED 50,000) fifty thousand dirhams and not
more than (AED 5,000,000) five million dirhams for each violation.
c-
Banning the violator from working in the sector related to the violation for the
period specified by the Supervisory Authority.
d-
Restricting the powers of the members of the Board of Directors, the members of
the executive or supervisory management, the directors or the owners who are
proven to be responsible for the violation, including the appointment of a
temporary controller.
e-
Arresting the managers, the members of the Board of Directors or the members of
the executive and supervisory management who are proven to be responsible for
the violation, for the period specified by the Supervisory Authority, or
requesting their replacement.
f-
Suspending or restricting the exercise of the activity or the profession for the
period specified by the Supervisory Authority.
2-
Notwithstanding Paragraph (g) of Clause (1) of this Article, the Supervisory
Authority may, upon imposing the administrative penalties, order the submission
of regular reports on the measures taken to address the violation.
3-
In any case, the Supervisory Authority shall publish the administrative
penalties it imposes using various means of publication.
The
text of Article (15) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
If
the Financial Institutions, Designated Non-Financial Businesses and Professions
and Virtual Asset Service Providers suspect or have reasonable grounds to
suspect that a Transaction or Funds fully or partially constitute Proceeds, or
that such Transaction or Funds are related to the Crime or that they will be
used therein regardless of their value, they shall inform the FIU directly
without delay and provide it with a detailed report including all the data and
information available on such Transaction and the parties related thereto, and
they shall provide any additional information requested by the FIU without using
the confidentiality provisions as an excuse. Lawyers, notaries, other legal
professionals and independent legal auditors shall be exempt from the foregoing
provision if the information related to such Transactions was obtained under
professional confidentiality.
The
Implementing Regulation of the present Decree-Law shall set the rules, controls
and cases relating to the obligation to report suspicious information.
1-
Financial institutions and designated nonfinancial businesses and professions
shall:
a-
Identify the crime risks within its scope of work as well as continuously
assess, document, and update such assessment based on the various risk factors
established in the Implementing Regulation of this Decree-Law and maintain a
risk identification and assessment analysis with its supporting data to be
provided to the Supervisory Authority upon request.
b-
Take the necessary due diligence measures and procedures and define their scope,
taking into account the various risk factors and the results of the national
risk assessment and retain the records received during the implementation of
this process. The Implementing Regulation of the present Decree-Law shall
specify the cases in which such procedures and measures are applied, and the
conditions for deferring the completion of customer or real beneficiary identity
verification.
c-
Refrain from opening or conducting any financial or commercial transaction under
an anonymous or fictitious name or by pseudonym or number, and maintaining a
relationship or providing any services to it.
d-
Develop internal policies, controls and procedures approved by senior management
to enable them to manage the risks identified and mitigate them, and to review
and update them continuously, and apply this to all subsidiaries and affiliates
in which they hold a majority stake; the Implementing Regulations of this
Decree-Law shall specify what should be included in said policies, controls and
procedures.
e-
Prompt application of the directives when issued by the competent authorities in
the state for implementing the decisions issued by the UN Security Council under
Chapter (7) of UN Convention for the Prohibition and Suppression of the
Financing of Terrorism and Proliferation of weapons of mass destruction, and
other related directives.
f-
Maintain all records, documents, and data for all transactions, whether local or
international, and make this information available to the competent authorities
promptly upon request, as stipulated in the Implementing Regulation of this
Decree-Law.
g-
Any other obligations stipulated in the Implementing Regulation of this
Decree-Law.
2-
For the purposes of this Decree-Law, the Implementing Regulation of this
Decree-Law shall regulate:
a-
Obligations of non-profit organisations.
b-
Retaining information and records by the registrar, to be provided upon request
and taking procedures for access to the public.
c-
Retaining information and records by the legal person and legal arrangement, and
making it available upon request.
A
new Article (16 bis) was added by virtue of Article 2 of Federal Decree-Law No.
26 dated 13/09/2021 as follows:
1-
Any natural or legal person shall be prohibited from engaging in the activities
of Virtual Asset Service Providers or any financial activities without licence,
entry or registration, as the case may be, by the competent Supervisory
Authorities.
2-
For the purposes of the present Decree-Law, the Implementing Regulation shall
regulate the obligations of Virtual Asset Service Providers.
The
text of Article (17) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
The
information obtained in relation to a Suspicious Transaction or to one of the
Crimes provided for in the present Decree-Law shall be deemed confidential and
may only be disclosed to the extent necessary for its use in investigations,
prosecutions or cases related to the violation of the provisions of the present
Decree-Law.
1-
The competent judicial authority shall, upon request of a judicial authority of
another country bound by an enforceable agreement with the UAE or by virtue of
the reciprocity principle, provide judicial assistance in relation to
investigation, court trials or procedures relevant to the crime and issue orders
as follows:
a-
Identify, freeze, seize or confiscate any funds, proceeds and instrumentalities
generated from the crime, used or intended to be used in the crime or take any
other procedures applicable under the enforceable legislations in the UAE,
including, to provide records retained by financial institutions, or designated
nonfinancial businesses and professions or non-profit organisations, to inspect
persons and buildings, to collect witnesses’ statements, gather evidences,
use investigative methods including undercover missions, intercepting
communications, collecting statements and electronic data and controlled
delivery.
b-
Extradite, handover and handback persons and items relevant to the crime in a
prompt manner in accordance with the legislations applicable in the UAE.
2-
The competent authorities shall exchange information related to the Crime
promptly with the foreign authorities, respond to requests made by any competent
entity in the foreign countries which are bound by an applicable convention with
the UAE or in accordance with the reciprocity principle. The competent
authorities shall gather information from the relevant authorities in the UAE
and take the necessary action to ensure the confidentiality of the information
is used only for its intended purpose stated in the request for information and
in accordance with applicable legislations in the UAE.
The
text of Article (19) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
The Concerned Authorities shall give priority to requests for international
cooperation related to the provisions of the present Decree-Law and they shall
execute them promptly and take efficient measures to maintain confidentiality of
the information received.
2-
In application of the provisions of the present Decree-Law, no request for
international cooperation based on any of the grounds set out here-below may be
rejected:
a-
The Crime involves tax or financial matters.
b-
The Crime is political or is related to politics.
c-
The confidentiality provisions are binding upon the Financial Institutions and
Designated Non-Financial Businesses and Professions in conformity with the
legislation applicable in the State.
d-
The request is connected to a Crime under investigation or judicial prosecution
in the State unless the request will impede the investigation or
prosecution.
e-
Any other cases set out in the Implementing Regulation of the present
Decree-Law.
Any
court injunction or court decision providing for the confiscation of funds,
proceeds or instrumentalities relating to money-laundering, terrorist financing
or financing of illegal organisations issued by a court or judicial authority of
another State with which the State has a ratified Convention may be
recognized.
The
imposition of penalties provided for in this Decree-Law shall not prejudice any
harsher penalty provided for in any other law.
The
text of Article (22) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
Whoever commits one of the acts set out in Clause (1) of Article (2) of the
present Decree-Law shall be punished by imprisonment for a term not less than
one year and not exceeding (10) ten years and by a fine not less than AED
100,000 (one hundred thousand dirhams) and not more than AED 5,000,000 (five
million dirhams) or by either of these two penalties.
2-
The punishment shall consist of temporary imprisonment and a fine not less than
AED 300,000 (three hundred thousand dirhams) and not more than AED 10,000,000
(ten million dirhams) if the perpetrator commits Money Laundering in any of the
following cases:
a-
If he abuses his influence or the power vested in him by virtue of his
profession or his professional activity.
b-
If the crime is committed through a Non-Profit Organisation.
c-
If the crime is committed through an organised criminal group.
d-
In case of recidivism.
3-
An attempt to commit Money Laundering shall be punished by the full penalty
prescribed therefor.
4-
Whoever uses the Proceeds in the Financing of Terrorism shall be punished by a
life sentence or by temporary imprisonment for a term not less than (10) ten
years and by a fine not less than AED 300,000 (three hundred thousand dirhams)
and not more than AED 10,000,000 (ten million dirhams).
5-
Whoever uses the Proceeds in the Financing of Illegal Organisations shall be
punished by temporary imprisonment and by a fine not less than AED 300,000
(three hundred thousand dirhams) and not more than AED 10,000,000 (ten million
dirhams).
6-
The Court may, at the request of the Public Prosecutor or whoever he delegates
or sua sponte, commute or exempt from the sentence imposed upon the perpetrators
who provide the judicial or administrative authorities with information relating
to any of the Crimes punishable under this Article, whenever this leads to the
detection of the Crime or its perpetrators, the establishment of their
perpetration thereof, the arrest of any of them or the seizure of the Proceeds
of the Crime.
The
text of Article (23) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
Any legal person whose representatives, managers or agents commit for his
account or in his name any of the Crimes set out in the present Decree-Law shall
be punished by a fine not less than AED 500,000 (five hundred thousand dirhams)
and not more than AED 50,000,000 (fifty million dirhams).
2-
If the legal person is convicted of Financing of Terrorism or Financing of
Illegal Organisations, the court shall order his dissolution and the closure of
his offices where he exercises his activity.
3-
In case the legal person is convicted of any of the Crimes set out in Clause (1)
of Article (2), or Article (8) of the present Decree-Law, the court may prohibit
him from exercising his activity for a specific period or it may revoke the
licence, entry or registration for the exercise of the activity.
4-
Upon issuance of the conviction, the court may order the publication of the
abstract of judgment using the appropriate mean at the expense of
sentenced.
Imprisonment
and a fine of no less than AED 100,000 (one hundred thousand) and no more than
AED 1,000,000 (one million dirham) or any of those two sanctions is applied to
anyone who violates on purpose or by gross negligence the provision Article (15)
of this Decree Law.
The
text of Article (25) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
Whoever
notifies or warns a person or reveals Transactions that are being reviewed in
relation to Suspicious Transactions or being investigated by the Competent
Authorities or any information related to the violation of the provisions of
Article (17) of the present Decree-Law shall be punished by imprisonment for a
term not less than one year and by a fine not less than AED 100,000 (one hundred
thousand dirhams) and not more than AED 500,000 (five hundred thousand dirhams)
or by either of these two penalties.
A
new Article (25 bis) was added by virtue of Article (2) of Federal Decree-Law
No. 26 dated 13/09/2021 as follows:
Whoever
obtains or conceals Funds or carries out any Transaction in respect thereof
shall be punished by imprisonment for a term not less than (3) three months and
by a fine not less than AED 50,000 (fifty thousand dirhams) or by either of
these two penalties, whenever there is sufficient evidence or there are
sufficient presumptions that the source of the Funds is illicit.
The
court shall, upon issuance of the conviction, order Confiscation in accordance
with the provisions of Article (26) of the present Decree-Law.
The
text of Article (26) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
In case the perpetration of the Crime is established, the court shall order the
Confiscation of the following:
a-
The Funds subject of the Crime, the Proceeds and the Instrumentalities.
b-
Any Funds owned by the perpetrator that are of equal value to the Funds,
Proceeds and Instrumentalities set out in Paragraph (a) of this Clause, in case
their Confiscation proves impossible.
If
it is impossible to order the Confiscation of the Funds, Proceeds or
Instrumentalities due to the impossibility of their seizure or to their relation
to the rights bona fide third parties, the court shall impose a fine of equal
value thereto at the time of perpetration of the Crime.
2-
The Confiscation shall be executed irrespective of whether the Funds, Proceeds
or Instrumentalities are in the possession or under the ownership of the
perpetrator or another party, without prejudice to the rights of bona fide third
parties.
3-
The perpetrator’s unknown identity, the exclusion of his criminal
liability or the termination of the criminal lawsuit in a Crime punishable under
the provisions of the present Decree-Law shall not preclude the competent court
ordering, sua sponte or at the request of the Public Prosecution, as the case
may be, the Confiscation of the Funds, Proceeds and Instrumentalities seized if
their relation to the Crime is established.
4-
Without prejudice to the rights of bona fide third parties, any contract or act
shall be void if the parties thereto or any one of them have known or should
have known that the contract or the act aims to affect the ability of the
Competent Authorities to enforce the Seizure or Freezing or to order or execute
the Confiscation.
A
new Article (26 bis) was added by virtue of Article (2) of Federal Decree-Law
No. 26 dated 13/09/2021 as follows:
Whoever
violates the provisions of Article (16 bis) of the present Decree-Law shall be
punished by imprisonment for a term not less than (6) six months and by a fine
not less than AED 200,000 (two hundred thousand dirhams) and not more than AED
5,000,000 (five million dirhams) or by either of these two penalties.
Supervisory
authorities, FIU, Law Enforcement Authorities, designated nonfinancial
businesses and professions, their board members, employees and legally
authorized representatives are exempted from criminal, civil or administrative
responsibility in relation to their providing any requested information or
violating any obligation under legislative, contractual and administrative
directives aimed at securing confidentiality of information unless the
disclosure is made in bad faith or with the intent of causing damages to
others.
The
text of Article (28) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
Whoever
violates the directives issued by the Concerned Authority in the State regarding
the implementation of the UN Security Council resolutions under Chapter VII of
the United Nations Charter on the Prevention and Suppression of Terrorism and
its Financing and of the Proliferation of Weapons of Mass Destruction and their
Financing and other related resolutions shall be punished by imprisonment for a
term not less than one year and not exceeding (7) seven years and by a fine not
less than AED 50,000 (fifty thousand dirhams) and not more than AED 5,000,000
(five million dirhams) or by either of these two penalties.
The
text of Article (29) was replaced by virtue of Article (1) of Federal Decree-Law
No. 26 dated 13/09/2021 to read as follows:
1-
If a custodial sentence is rendered against a foreigner in a Money Laundering
Crime or any of the felonies set out in the present Decree-Law, his deportation
from the State shall be ordered.
2-
Without prejudice to Clause (1) of this Article, if a custodial sentence is
rendered against a foreigner in the other misdemeanours provided under the
present Decree-Law, the court may order his deportation from the State, or it
may order his deportation in lieu of the custodial sentence.
3-
The criminal case shall not be subject to the statute of limitations in Money
Laundering, Financing of Terrorism or Financing of Illegal Organisations, and
the sentence shall not be remitted nor shall the civil actions arising therefrom
or related thereto be terminated due to the statute of limitations.
4-
The provisions of the present Decree-Law shall be without prejudice to the
provisions of aforementioned Federal Law No (7) of 2014.
5-
The Financing of Illegal Organisations, if the purpose thereof is to undermine
State security or interests, the Financing of Terrorism and the Crime punishable
under Article (28) of the present Decree-Law shall constitute Crimes against the
State’s internal and external security.
Imprisonment
and a fine or one of the two penalties to anyone who intentionally fails to
disclose or refrains from providing additional information upon request from him
or deliberately conceals information that must be disclosed or deliberately
presents incorrect information, in violation of the provisions provided for in
Article 8 of this Decree-Law. Upon conviction, the Court may rule on the
confiscation of seized funds without prejudice to the rights of others acting in
good faith
Imprisonment
or a fine of no less than AED 10,000 (ten thousand dirhams) and no more than AED
100,000 (one hundred thousand dirhams) shall be applied to any person who
violates any other provision of this Decree-Law.
Employees
appointed by a decision of the Minister of Justice, in coordination with the
Governor, shall have the status of law enforcement officers in proving acts that
are in violation of the provisions of this Decree Law or its Implementing
Regulations or the decisions issued thereunder.
The
Cabinet shall issue the Implementing Regulation of this Decree-Law based upon
the proposal of Minister

.
1-
Any provision that violates or conflicts with the provisions of this Decree-Law
shall be revoked.
2-
Federal Law no. (4) of 2002 on the criminalization of money laundering and
combatting of the financing of terrorism shall be
abrogated

.
The
present Decree-Law shall be published in the Official Gazette to be entered into
effect one month from the date of publication.
Issued
by us in the Presidential
Palace in Abu Dhabi:
On 13 Muharram 1440
H
Corresponding to 23/09/2018
Khalifa
Bin Zayed Al Nahyan
President
of the United Arab Emirates
The
present Federal Decree-Law was published in the Official Gazette, issue no. 637
(Annex), p. 151.