Federal Decree by Law No. (39) of 2023 Concerning the Regulation of the Federal DNA Fingerprinting Database (security and safety law)

Article (1)  
Definitions  
In application of the provisions of this Decree by Law, the following terms and expressions 
shall have the meanings ascribed thereto, unless the context requires otherwise:  
State  : United Ara b Emirates (UAE).  
Ministry  : Ministry of Interior  
Minister  : Minister of Interior.  
Concerned Authority  : The Authority concerned with DNA Fingerprinting at the General 
Police Headquarters or the Competent Authority in the Emirate.  
DNA Finger printing  : Fixed G enetic Trait or Pattern that distinguishes each person from 
another. It is repeated only in rare cases such as identical twins. 
The DNA Fingerprinting is produced after analysing the DNA in 
specific and highly variable locations.  
Deoxyri bonucleic 
acid (DNA ) : A biochemical molecular, is a vital compound found in the 
nucleus of all cells that make up the human body (except red 
blood cells). A person inherits it from his parents, and stores all   
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  2 
 the basic data for cell construction and the f ormation and 
develop ment of the human being in specific form and traits.  
Biological Sample  : A part of the human body or its biological secretions used to 
determine its DNA Fingerprinting.  
DNA Analysis  : A group of tests and techniques that are performed  on Biological 
Samples a nd traces to determine the traits or patterns of the DNA 
Fingerprinting.  
Coding DNA Regions  : Areas in the DNA complex that contain instructions for building a 
specific protein in the body.  
Non -Coding DNA 
Regions  : Areas in the DN A complex that do not co ntai n instructions for 
building a specific protein in the body.  
 
Trace  : Any material linked to a Biological Sample found at a crime scene, 
accident, or any other place.  
 
Buccal Swab  : Method of taking a Biological Sample containi ng DNA from inside 
the mouth.  
DNA Fingerprinting 
Database  : Computer system that stores DNA Fingerprinting Data related to 
Biological Samples and effects on which a DNA Fingerprinting is 
performed.

Article (2)  
Objectives of the Decree by Law and Rules for its interpretation  
This Decree by L aw aims and its provisions shall be interpreted as follows:  
1. Respect the dignity of persons and the sanctity of their private lives.  
2. Ensure the data confidentiality of the DNA Fingerprinting.    
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  3 
 3. Do not use DNA Fi ngerprinting Data except within the lim its of the purposes stipulated in 
this Decree by Law.

Article (3)  
Federal DNA Fingerprinting Database  
A Database called the “Federal DNA Fingerprinting Database” shall be established in the 
Ministry. The Minister sha ll issue controls, conditions, and proce dures for feeding and using 
the Database.

Article (4)  
Use of Federal DNA Fingerprinting Database  
Use of Federal DNA Fingerprinting Database shall be for the following objectives:  
1. Investigate crimes and identify th eir Perpetrators.  
2. Identify victims of  crises, disasters and accidents.  
3. Identify unknown bodies, remains, or human body parts.  
4. Identify unidentified and missing persons.  
5. Any other objectives as decided by the Cabinet.

Article (5)  
Data and Infor mation Confidentiality  
1. The data and in formation related to the DNA Fingerprinting entered into the Federal DNA 
Fingerprinting Database shall be confidential.  
2. The data and information related to DNA Fingerprinting may not be disclosed, circulated, or 
published except in cases authorised by l aw.

Article (6)  
Sources of Biological Samples  
1. The following categories shall provide Biological Samples:  
a. Inmates in penal and correctional facilities and those detained in criminal cases.    
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  4 
 b. Anyone arrested at the scene of a crime or accident or susp ected of committing a felony 
or misdemeanour.  
c. Victims and those present at the crime scene to distinguish their traces from those of 
suspects.  
d. Missing or absent persons after being found.  
e. Employees working to collect, pr eserve and examine Biologic al Samples and Records for 
examining the DNA Fingerprinting.  
2. The Ministry or the Concerned Authority shall collect the samples submitted under Clause 
(1) of this Article, conduct DNA Fingerprinting, and include them in the Fed eral DNA 
Fingerprinting Dat abase.  
3. The Ministry or the Concerned Authority shall collect the Biological Samples and conduct 
DNA Fingerprinting, and include them in the Federal DNA Fingerprinting Database from the 
following sources:  
a. Identify traces, dead bodies, remains, or huma n bo dy parts.  
b. Personal belongings of missing or absent persons.  
c. Employees exposed to danger or accidents due to the nature of their work.  
d. Volunteers for work and tasks of dangerous nature when the Federal Authority 
stipulates that t hey shall do so  before carrying out their volunteer tasks.  
e. Any other sources as decided by the Cabinet.  
4. If one of the sources is a child or an incapacitated person, the Biological Sample shall not be 
taken from him except in the presence of one of his p arents, guar dian , or person who takes 
care of him upon learning of him if his identity is known.

Article (7)  
Voluntary Bio -specimen Collection  
Any person may voluntarily submit a Bio -specimen for a DNA Fingerprinting and have it 
included in the Federal DN A Fingerprint ing Database for use in accordance with the purposes 
specified under this Decree by Law.    
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Article (8)  
Methods of Biological Samples Collection  
The Ministry and the Concerned Authority shall collect Biological Samples from people using 
Buccal S wab, and by re solution of the Minister. Other collection methods that do not pose any 
risks to people lives or safety may be used .

Article (9)  
Biological Samples Analysis  
1. Employees in the Ministry and the Concerned Authority shall conduct DNA Analysis  of 
Biological  Samples on the following genetic regions only:  
a. Non -Coding DNA Regions.  
b. The area re sponsible for determining sex.  
2. Employees in the Ministry and the Concerned Authority may not:  
a. Conduct DNA Analysis of Biological Samples on other Coding DNA  Regi ons 
responsible for determining the race, diseases, or phenotypic traits of the sample 
owner, except in the following cases:  
1. In implementation of a Court ruling.  
2. If the samples are unidentified and taken from traces found at the accident or crim e sce ne. 
b. All Biological Samples, conducting a DNA Fingerprinting, or using the Database for  
the purposes of proving lineage or kinship, or for any other purposes not stipulated in 
article (4) of this Decree by Law, except in implementation of a Court ru ling.

Article (10)  
Biological Samples Preservation  
The Ministry and the Concerned Authority shall preserve samples, biological traces and all 
compounds resulting from them in designated places prepared for this purpose, safe from   
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  6 
 damage or tampering in ac cordan ce with the controls and conditions determined by a 
resolution of the Minister .

Article (11)  
Biological Samples Execution  
1. The Ministry shall destroy the Reference Biological Sample after completing its analysis and 
entering its DNA Fingerprinting  into t he Federal DNA Fingerprinting Database in accordance 
with the controls and conditions determined by a resolution of the Minister.  
2. Biological Samples and Traces related to a crime shall not be destroyed except by Court 
ruling and provided that the y have been disposed of or a final ruling has been issued, as the 
case may be.

Article (12)  
DNA Fingerprinting Removal  
Save those convicted of internal and external state security crimes, the DNA Fingerprinting will 
be removed from the Federal DNA Fingerp rinting Database in the following cases:  
1. A decision by the Public Prosecution Office or the Competent Court to remove the DNA 
Fingerprinting from the Federal DNA Fingerprinting Database in the cases it is examining 
according to the scope of spatial or s tate jur isdiction.  
2. Thirty (30) years lapse since the date of issuance of the ruling on the crimes involving the 
persons mentioned in Paragraphs (A), (B), (C) of Clause (1) of article (6) of this Decree by Law.  
3. Twenty (20) years lapse since the discov ery of t he missing or absent persons mentioned in 
Paragraph (D) of Clause (1) of article (6) of this Decree by Law.  
4. Twenty (20) years lapse since the discovery of the identity of the bodies, remains, or human 
remains mentioned in Paragraph (A) of Clause  (3) of article (6) of this Decree by Law.  
5. Upon the request of the sample own er if he is one of the persons mentioned in Paragraphs 
(C), (D), (E) of Clause (3) of article (6) of this Decree by Law due to a change in the nature of his 
work or the tasks a ssigned to him.    
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  7 
 6. Upon the request of the sample owner if he is one of the volunteers mentioned in article (7) 
of this Decree by Law.  
 
Penalties

Article (13)  
The imposition of the penalties stipulated in this Law by Decree shall not prejudice any severer 
penalty s tipulated in any other law.

Article (14)  
Temporary Imprisonment and a fine not less than (AED 20,000) and not exceeding (AED 
100,000) AED shall be imposed on any person who:  
1. Use the Federal DNA Database to prove lineage or kinship without a Co urt rulin g. 
2. Use the Federal DNA Fingerprinting Database for purposes other than those specified in this 
Decree by Law.  
3. Disclose, circulate or publish the data contained in the Federal DNA Fingerprinting Database 
in violation of the provisions stipula ted in th is Decree by Law.  
4. Modify o r delete a DNA Fingerprinting, issue inaccurate data, or conceal its correspondence 
in bad faith.  
5. Destroy Biological Samples or traces in violation of the provisions stipulated in this Decree 
by Law.  
6. Use the Biol ogical Sa mples collected in accordance with the provisions of this Decree by Law 
for purposes other than those stipulated therein.

Article (15)  
A fine of no less than (AED 5,000) five thousand Dirhams and no more than (AED 20,000) 
twenty thousand Dirhams shall be i mposed if those mentioned in Clause (1) of article (6) of 
this Decree by Law refrain from giving the Biological Sample without an acceptable excuse.  
   
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  8

Article (16)  
Save the penalties prescribed for the crimes stipulated in this Decree by Law, anyo ne who 
viol ates any other provision of this Decree by Law and the decisions regulating it shall be 
punished by imprisonment and a fine not exceeding (AED 100,000) one hundred thousand 
Dirhams, or by one of these two penalties.

Article (17)  
Unknown DNA Fin gerprinting  
If a DNA Fingerprinting of unknown origin is discovered in any of the crimes of terrorism, 
murder, rape, sex crimes against children, serious crimes, or in major accidents and disasters, 
and that DNA Fingerprinting does not match any other DNA Fingerprinti ng in the Federal DNA 
Fingerprinting Database, the Ministry may research and exchange this DNA Fingerprinting 
Data with health authorities, laboratories, and bio -banks operating in the State, or with entities 
concern ed with the DNA Fingerprinti ng outside t he State, with the aim of identifying its 
owners in accordance with the legislation in force in the State, while taking into account the 
privacy and confidentiality of this Fingerprinting Data.

Article (18)  
Jobs of Dangerous Nature  
1. By a res olution of th e Minister, a Committee shall be formed whose membership includes 
members from the Relevant Authorities to identify and propose jobs of a dangerous nature 
from which Biological Samples shall be collected from their occupants, provided that a 
resolution sha ll be issued by the Minister to determine these jobs based on the Committee 
proposal.  
2. The occupants of the positions stipulated in the Minister resolution shall enable the Ministry 
or the Con cerned Authority to take the sample.  
3. The Admin istrative Aut horities responsible for the occupants of the positions stipulated in 
Clause (1) of this Article shall take their measures to enable the Ministry and the Concerned   
Federal Decree by law of 2023 Con cernng the Regulation of the Fed eral DNA Fingerpr inting Database  9 
 Authority to collect Biological Samples from the occupants of those positions a nd determine 
the consequences of their abstention from providing the sample.

Article (19)  
Repeals  
Any provision that violates or contradicts the provisions of this Decree by Law shall be 
repealed.

Article (20)  
Publication and Entry Into Force of Decree by Law  
This Law  by Decree shall be published in the Official Gazette and shall enter into force as of 
01.11.2023.  
 
 
 
 
 
 
 
 
 
 
Mohammed Bin Zayed Al Nahyan  
Presid ent of the United Arab Emirates  
 
 
Issued by us at the Presidential Palace - Abu Dhabi:   
On: Septe mber 28, 2023 corresponding to:  
 Rabi’ al -Awwal 13, 1445 H