Federal Law No. (39) of 2006 Concerning International Judicial Cooperation in Criminal Matters (security and safety law)

Article (1)  
Definitions  
Unless the context otherwise requires, the following words and expressions, when used in 
this Law, shall have the meanings set out opposite them:  
UAE  : United Arab Emirates  
Ministry  : Ministry of Justice  
Minister  : Minister of Justice  
Competent Court  : Competent Appeals Court  
Competent 
Department  : Competent department at the Ministry  
Competent Judicial Authority  : 
The court having jurisdiction to hear proceedings of judicial 
cooperation or the Public Prosecution  
Foreign Judicial 
Authority  : The Competent Judicial Authority of a foreign State or international 
judicial authority established under a current agreement to which 
the UAE is party or pursuant to a binding international decision  
Requesting State  : The foreign State requesting judicial cooperation from the 
authorities of the UAE  
Requested State  : The State requested to provide judicial cooperation  
Person to be 
Surrendered  : A person to be surrendered or temporarily arrested for a criminal 
charge or sentence issued against him by a Foreign Judicial 
Authority  
Person to be 
Returned  : A person who is to be returned from abroad to face a criminal 
charge or sentence issued against him by the courts of the UAE  
Convicted Person Sought to be 
Transferred  : 
A person against whom a final and enforceable court sentence 
entailing deprivation of liberty has been rendered by the courts of 
the UAE or the courts of a Foreign Judicial Authority   
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 Sentencing State  : The State where a sentence was issued from which the convicted 
person is to be transferred  
Executing State  : The State to which a convicted person is transferred to serve a 
sentence or the balance of a sentence imposed on him

Article (2)  
International Judicial Cooperation General Provisions  
Subject to the provisions of international agreements to which the UAE has acceded and on the basis of reciprocal treatment, the judicial authorities in the UAE shall extend judicial 
cooperation in criminal matters to Foreign Judicial Authorities in accordance with this Law

Article (3)  
No Rights to Other States  
Nothing in this Law shall give any State the right to compel any form of international judicial 
cooperation in criminal matters

Article (4)  
Application of Other Criminal Laws  
Matters for which no provision appears in this Law shall be subject to the Criminal Procedures Code and any other relevant laws

Article (5)  
Proceedings to be Carried Out Under National Laws 
Subject to Article 2 of this Law, the laws in force in the UAE shall apply upon commencement of international judicial cooperation in criminal matters  
  
 
  
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 Part  Two  
Surrender of Persons and Property  
Chapter One  
Surrender of Persons to Foreign States

Article (6)  
Cases of Extradition  
Suspects and convicted persons shall be handed over to Foreign Judicial Authorities in order 
to be interrogated, stand trial or serve sentences in accordance with the provisions of this 
Chapter

Article (7)  
Conditions for Extradition  
The extradition of wanted persons shall be subject to the following requirements:  
1. The crime for which extradition is sought must be punishable under the laws of the 
Requesting State by deprivation of liberty for at least a period of 1 year or by a more 
severe penalty  
2. The act for which extradition is sought, if committed within the territory of the UAE, 
must constitute a crime that is punishable by deprivation of liberty for a period of at least 
1 year or by a more severe penalty  
3. Where the request for extradition relates to a person wanted for the execution of a sentence entailing deprivation of liberty awarded in connection with an offence for which extradition is sought, extradition shall be granted only if a period of at least 6 
months remains to be served on the sentence  
4. In determining whether or not the act for which extradition is sought is punishable 
under the laws of both States, it shall not matter whether the act is placed within the 
same category, is denominated by the same terminology or has different constituent 
elements  
   
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Article (8)  
Multiple Crimes for which Extradition is Sought  
If the request for extradition includes several separate crimes each of which is punishable 
under the laws of both States, but some of which do not fulfill the conditions set out in 
Sub -Articles 7 -1 and 7 -3, then extradition may be granted for all the crimes provided the 
conditions are met by at least one extraditable crime

Article (9)  
Bases for the Denial of Extradition  
Extradition shall not be granted in any of the following circumstances:  
1. If the person to be extradited is a citizen of the UAE  
2. If the law of the UAE provides jurisdiction to the Competent Judicial Authorities over the 
offense for which extradition is sought  
3. If the offense concerning the request is a political offence or an offence connected with a 
political offence. Political offences, however, do not include acts of terrorism, war crimes, 
genocide, crimes against the person of the Head of State or a member of his family, the 
Deputy Head of State, a member of the Supreme Council or a member of his family, 
Prime Minister, or any person enjoying State protection as well as crimes against State utilities and essential interests  
4. If the offense for which extradition is sought is an offense of a military character  
5. If there are substantial grounds for believing that the request for extradition has been 
made for the purpose of prosecuting or punishing a person on the grounds of race, 
religion, nationality, or political opinion or that the person's position would be prejudiced for any of those reasons  
6. If the Person to be Surrendered is under investigation or prosecution in the UAE for the 
same offence for which extradition is requested  
7. If the Person to be Surrendered has been tried and acquitted or convicted for the offense 
for which extradition is requested and has completed his sentence  
8. If final judgment has been passed by the courts of the UAE in respect of the offense for  
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 which the person's extradition is requested  
9. If the prosecution or the execution of the sentence for the offense identified in the 
request for extradition would be time -barred  
10. If the person whose extradition is requested has been, or would be subjected in the 
Requesting State to torture or inhumane or degrading treatment or a harsh penalty 
incompatible with the offense or if that person has not received the minimum 
guarantees in criminal proceedings

Article (10)  
Extradition of Persons Who are Under Investigation or Prosecution  
If the person sought is being investigated or prosecuted in the UAE for another offence, his 
extradition shall be stayed until the investigation or prosecution has been concluded by the 
issue of a final decision. If convicted, the person shall be extradited after serving his sentence  
The UAE may surrender him on a temporary basis on the condition that the Requesting State 
would return him as soon as practicable after the rendering of a decision in respect of him or 
within such time limit as the UAE shall specify, not exceeding 6 months after surrender

Article (11)  
Procedure for Submission of Request for Extradition and Supporting 
Documents  
The request for extradition shall be submitted in writing through diplomatic channels and forwarded to the relevant department. The request shall be accompanied by the following 
information and documents, translated into Arabic and duly attested by the relevant 
authorities:  
1. Name and description of the person sought and photographs of him if available together 
with any other information that could help determine his identity, nationality and place 
of residence  
2. The text of the legal provisions that define and penalise the offense and describe the punishment for the offense in the Requesting State   
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 3. When the request relates to a person who is under investigation, it shall be accompanied 
by an official copy of the transcript of questioning and the warrant of arrest issued by the 
competent Foreign Judicial Authority showing the crime and the offense imputed to the 
person sought and the time and place of commission 
4. When the request relates to a convicted person, it shall be accompanied by a certified 
copy of the judgment of conviction showing the crime, the offense imputed to the 
person whose extradition is requested and the sentence imposed and a statement 
indicating that the judgment is enforceable

Article (12)  
Review of Requests for Extradition  
The Competent Department shall refer the request to the Attorney General after verifying 
that it meets all the formal requirements. If the Competent Department finds the supporting 
information and documents insufficient to decide the request, it shall request the necessary 
supplementary clarifications or further information or documents from the Requesting Party 
and may fix a time -limit for the receipt thereof

Article (13)  
Summary Extradition  
Extradition shall not be granted unless a decision authorising extradition has been issued by 
the Competent Court. However, when extradition is to a single State, it can be carried out by 
means of a decision issued by the Minister pursuant to the recommendation of the Attorney 
General subject to the written consent of the Person to be Surrendered

Article (14)  
Consent of the Person to be Surrendered  
The written consent of Person to be Surrendered shall include all the details relating to him 
and the case in respect of which he is being extradited and a statement to the effect that 
consent to the extradition is being given voluntarily with full knowledge of the legal  
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 consequences thereof

Article (15)  
Detention of Person to be Surrendered in an Urgent Situation  
In case of urgency, the Attorney General or person delegated by him may, on the basis of a 
warrant of arrest issued by a Foreign Judicial Authority, order that the Person to be 
Surrendered be taken into custody for up to 15 days pending presentation of a formal 
request for extradition  
The custody period may be extended beyond 15 days if the Requesting State is able to 
provide good reason for delaying the request for extradition. In all cases, the custody period 
shall not exceed 40 days  
The Attorney General may, of his own accord or at the request of the Person to be 
Surrendered, order him discharged from custody against a personal guarantee or bail in such 
sum as he shall determine  
Such a discharge from custody shall not prejudice the subsequent re -arrest or further 
detention of that person if the request for extradition is delivered at a later date

Article (16)  
Arrest of Person to be Surrendered  
The Attorney General or person delegated by him may, promptly after receiving a request for 
extradition, order the arrest of the Person to be Surrendered when there are indications that 
he might flee unless he has already been detained under the procedures set forth in Article 
15 of this Law  
The Attorney General or person delegated by him may, of his own accord or at the request of 
the Person to be Surrendered, order him released from custody against a personal guarantee 
or bail in such sum as he shall determine  
  
 
  
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Article (17)  
Proceedings before the Public Prosecution  
The Person to be Surrendered shall be brought before the competent Public Prosecution 
within 48 hours after arrest. The Public Prosecution shall explain to him the reason for 
arrest, the content of the request for extradition, the evidence and the documents related to 
the request and shall record his statements in a report. The Person to be Surrendered has the 
right to have a lawyer present during questioning

Article (18)  
Referral to Competent Court  
Within 15 days after reviewing the request for extradition, the Attorney General shall send it, together with a written memorandum, to the Competent Court for the request and its 
supporting documents to be filed with the clerk's office. The Public Prosecution shall summon the Person to be Surrendered to attend the hearing set for consideration of the 
request

Article (19)  
Procedure for Deciding Requests for Extradition  
The Competent Court shall hear the request for extradition in closed session in the presence 
of the Public Prosecution and the Person to be Surrendered and his lawyer, if applicable, and 
shall then decide the request after hearing the Public Prosecution and the defence  
Where, at his appearance before the Court, the Person to be Surrendered declares his 
consent to be extradited and the legal conditions for extradition are fulfilled, the Court shall, 
after informing the person of the legal consequences of his consent, formally acknowledge 
his consent in writing and return the documents to the Attorney General for application of Article 13 of this Law  
  
  
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Article (20)  
Court Decision  
The Co mpetent Court shall issue a reasoned decision on eligibility for extradition in 
accordance with the Law

Article (21)  
Release of Person to be Surrendered  
If extradition has been refused, the Person to be Surrendered shall be released immediately 
even if the decision does not provide for his release

Article (22)  
Appeal of Extradition Decision  
The Attorney General and the Person to be Surrendered may appeal the decision of the Competent Court to the competent appeals court  
The time limit for appeal is 30 days either from the date of the Court's decision if issued in the presence of the parties or from the date of notification of the Person to be Surrendered if the decision was issued in absentia

Article (23)  
Procedure for Appealing Extradition Decision  
The decision mentioned in the preceding article shall be appealed by filing a notice with the 
clerk's office of the competent court of appeal. A hearing is then fixed for the appeal no later 
than 10 days after the filing of the notice. Notice of proceedings shall be deemed to have 
been served in this manner even if the notice was filed by the lawyer of the Person to be 
Surrendered  
  
 
  
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Article (24)  
Enforcement of Extradition Decision  
A decision granting extradition shall be enforced only after it has become final

Article (25)  
New Grounds for Extradition  
When new grounds are asserted before the Competent Court, a dec ision refusing to grant 
extradition shall not preclude the issue of a further decision of eligibility for extradition 
pursuant to a subsequent request from the same State concerning the same offenses

Article (26)  
Approval of Extradition Decision  
A decision granting extradition shall be enforced only after the Minister's approval. If 
approval for extradition is declined, the Attorney General shall order the release of the 
Person to be Surrendered if he is under arrest

Article (27)  
Competing Requests for Extradition  
When there are competing requests for the extradition of the same person, the Minister shall 
determine to which State the person will be extradited initially, taking into account the 
obligations arising from bilateral and multilateral agreements in force and the circumstances 
of each case, specifically:  
1. The gravity of the offence and the degree of incompatibility with the interests or security 
of a particular State  
2. Place and time of commission of the offence  
3. Nationality of the Person to be Surrendered  
Where all or some of those circumstances exist, extradition will be given to the State whose request for extradition has priority having regard to the assistance afforded by the  
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 Requesting State in corresponding circumstances

Article (28)  
Non -Receipt of the Person Sought  
If the Requesting State does not receive the person in respect of whom extradition has been 
ordered within 30 days of being notified of the decision, the person will be released and may 
only be subsequently surrendered to it under a fresh decision  
Where exceptional circumstances prevent the surrender or take over of the person sought 
within the above time limit, the Requesting State shall be notified in order to fix a final 
deadline for surrender approved by the Competent Judicial Authority. The person shall be 
released after that deadline and no request for his extradition may be subsequently made in 
respect of the same offense or offenses for which the extradition was sought  
In all cases, a person who is to be extradited may not be kept in custody for more than 60 
days

Article (29)  
Rule of Specialty  
For the purpose of carrying out extradition, the Requesting State shall not surrender the 
person sought to a third State or charge, prosecute, sentence or detain him for an offense 
committed prior to extradition other than the one for which his extradition is granted and 
related offenses, except: - 
1. Where the person extradited, having had the opportunity to leave the territory of the 
State to which he has been surrendered, has not done so within 30 days of being notified of the conclusion of the proceedings requiring his presence in that State, or has 
voluntarily returned to that State after having left it  
2. Where the Minister consents. The Requesting State will be required to present a new 
request in the manner specified in Article 11 of this Law, accompanied by a judicial 
record of the statement and defence of the person sought  
   
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Article (30)  
Re-Extradition to a Third State  
The Competent Court shall consider the request of a State to which a person has been 
extradited to extradite that person to another State. The court shall issue its decision in 
accordance with the provisions of this Law and the bilateral and multilateral agreements in 
force to the extent that does not conflict with the constitutional principles of the UAE

Article (31)  
Facilitation of Transit of Extradited Persons  
Where a person subject to regulations governing the extradition of criminals is to be 
extradited to a State from a third State through the territory of the UAE, the Attorney General 
may, at the request of the State to which the person is to be extradited, authorise the transit 
of that person through the territory of the UAE provided such transit does not prejudice the sovereignty, security or essential interests of the UAE

Article (32)  
Costs of Extradition  
The UAE shall meet the cost of any proceedings in its jurisdiction arising out of a request for extradition. The Requesting State shall bear the costs incurred in transporting the Person to 
be Surrendered and any extraordinary costs arising out of the request for extradition  
  
Chapter Two  
Return of Persons

Article (33)  
Procedure for Requesting Return and Supporting Documents 
The Attorney General or person delegated by him may request the Competent Department to request, in writing, the authorities in a foreign State to return persons sentenced to a 
penalty depriving them of their liberty for a term of not less than 6 months or any severer  
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 penalty or persons accused of committing crimes which are punishable by deprivation of 
liberty for a term of not less than 1 year or by a more severe penalty  
The Public Prosecution shall issue a written request for return of the accused or convicted person. The request and supporting documents shall include a date, signature and seal as well as a full description and details of the person to be returned, the facts underlying the 
request, the legal classification of the offence for which the person is being extradited, the 
relevant texts of law and the legal basis for extradition  
The request, together with its supporting documents, shall be sent by the Competent 
Department through diplomatic channels to the Requested State. The documents shall be 
translated into the language of the Foreign Judicial Authority or any other language 
acceptable thereto unless otherwise dictated by agreements

Article (34)  
Arrest of Person Sought to be Returned in an Urgent Situation 
In case of urgency, the Attorney General or person delegated by him shall request the 
competent authorities in the Requested State, pursuant to a duly issued judicial warrant of 
arrest, to arrest the person sought and retain him in temporary custody. The warrant of arrest shall be notified through the communications section at the Ministry of the Interior  
After preparing a complete submission, the Public Prosecution shall promptly send the request for return to the Requested State by way of the Competent Department through diplomatic channels

Article (35)  
Deduction of the Period of Temporary Custody  
In applying the rules for carrying out the sentence, the period for which the accused was 
retained in custody abroad shall be regarded as a period of remand in custody  
  
 
  
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Article (36)  
Change of Legal Classification of the Offence 
If the legal classification of the offence changes during the course of proceedings against a 
person who has been returned, he may not be charged, prosecuted or otherwise proceeded 
against in any manner that would deprive him of his liberty unless the new elements of the 
crime are based upon the same facts for which he was extradited and constitute an offence 
punishable by the same penalty prescribed for the offence for which he was extradited or by 
a more severe penalty

Article (37)  
Undertaking to Waive the Death Penalty  
Except for crimes for which there is doctrinal punishment (Hudood), assurance may be 
given to the Requested State pursuant to an agreement with the UAE, that the death penalty 
will not be carried out on the Person who is to be Returned. When giving such assurance in 
crimes for which (Qasas) may be sought, the heirs must waive their legal right to Qasas. The 
undertaking shall be presented by the Minister and steps shall be taken to commute the 
sentence  
  
Chapter Three  
Surrender and Return of Property

Article (38)  
Surrender of Property 
When a request for extradition is granted, the Attorney General or person delegated by him 
shall surrender, to the Requesting State, all property which has been acquired by the person 
sought as a result of the offense or used by him in the commission of the offence, or which 
may be required as evidence, and was in the possession of the Person to be Surrendered at 
the time of his arrest or was subsequently discovered, unless its possession would constitute a crime in the UAE. This obligation is subject to the rights of bona fide third parties   
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 The Attorney General or person delegated by him may defer surrender of such property if 
required in connection with ongoing judicial or administrative proceedings in the UAE

Article (39)  
Grievance Against Decision Directing the Surrender of Property  
An interested party has 15 days to file a grievance against the decision mentioned in Article 38 before the Competent Court  
The Court shall issue its decision on the grievance after hearing the Public Prosecution and 
the grievant

Article (40)  
Return of Property  
When a request for extradition is granted, the Attorney General or person delegated by him 
shall ask the Competent Department to request, in writing, the authorities in the foreign 
State to furnish property which has been acquired by the person sought as a result of the 
offense or used by him in the commission of the offence, or which may be required as 
evidence

Article (41)  
Supervised Surrender 
Subject to the rules of jurisdiction under law, the Attorney General shall legally permit 
property whose possession is an offence or which has been acquired as a result of an 
offense or has been used in the commission of an offense to enter or exit the UAE without 
being seized or to be replaced in whole or in part under the supervision of the competent authorities at the request of a Foreign Judicial Authority and in accordance with such 
conditions as may be agreed whenever this would enable the identification of its source or 
lead to the arrest of the perpetrator  
The permission mentioned in the preceding paragraph shall not be granted if its execution would violate the sovereignty, security, public policy, public morals or harm the  
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 environment of the UAE

Article (42)  
Procedure for Supervised Surrender  
The competent authorities in the UAE shall execute the permission referred to in the 
preceding article within their respective jurisdictions and prepare a report on the action 
taken  
The Attorney General shall determine the procedure for supervised surrender of property to 
the Requesting Party and the return and replacement thereof  
  
Part  Three  
Judicial Assistance in Criminal Matters   
Chapter One  
Request for Judicial Assistance from a Foreign Judicial Authority to UAE 
Authorities

Article (43)  
Forms of Judicial Assistance 
Where a request is received from a Foreign Judicial Authority for assistance in taking judicial 
action in the UAE in relation to an offence that is punishable in the Requesting State and 
within the jurisdiction of its judicial authorities, the Competent Judicial Authority shall 
provide the required assistance when necessary to pursue judicial action in criminal proceedings pending before the Foreign Judicial Authority. Judicial assistance shall include:  
1. Information on the identity and whereabouts of persons  
2. Taking statements of persons  
3. Transferring persons in custody to give evidence before foreign judicial authorities  
4. Serving judicial documents  
5. Seizing property and searching persons and premises  
6. Obtaining information and evidence   
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 7. Obtaining documents and original records or certified copies thereof

Article (44)  
Procedure for Submission of Requests for Assistance  
Requests for judicial assistance shall sent by the competent authority within the Foreign 
Judicial Authority to the Competent Department at the Ministry through diplomatic 
channels  
After verifying that the request for judicial assistance is complete and meets the necessary 
formal requirements, the Competent Department shall refer the request to the Competent 
Judicial Authority for appropriate action

Article (45)  
Provisional Measures in an Urgent Situation  
In case of urgency, the Competent Judicial Authority shall, upon written request from a 
Foreign Judicial Authority and prior to satisfying the requirements for the request for judicial 
assistance, direct that provisional measures be taken to protect threatened legal interests or 
to secure prosecution evidence or documents which are likely to be lost or tampered with  
Those measures will be suspended if the Foreign Judicial Authority fails to fulfill the requirements for execution of the request within the time period specified by the Competent Judicial Authority unless the Foreign Judicial Authority requesting the assistance provides 
good cause

Article (46)  
Request for Assistance  
Information and Supporting Documents  
The request for judicial assistance shall be made in writing by the Foreign Judicial Authority 
and, together with the supporting documents, shall bear the date, signature and seal of the 
Requesting Party  
The request shall include a case description, the Requesting Party and the Requested Party,  
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 all details pertaining to the facts of the case, relevant texts of law and the measures to be 
taken, specifically:  
1. Name and place of residence of witnesses and the questions to be posed to them  
2. List of questions for the persons who are to be questioned  
3. Description of property or documents to be inspected  
The request shall be accompanied by all the required documents, translated into Arabic and attested by the Foreign Judicial Authority, unless otherwise dictated by agreements to which the UAE is party

Article (47)  
Additional Information  
The Competent Department shall request the Foreign Judicial Authority for any further 
information deemed necessary in order to execute the request

Article (48)  
Confidentiality of Requests  
The request &/or its particulars will be kept confidential if so requested by the Foreign 
Judicial Authority

Article (49)  
Hearing of Witnesses  
The statements and testimony of witnesses shall be taken by the Competent Judicial 
Authority in the UAE and then sent to the Foreign Judicial Authority

Article (50)  
Cases in which the Giving of Testimony can be Refused  
A person requested to give testimony or specific evidence in the territory of the UAE may 
refuse to give testimony or evidence so far as he has that privilege under the law of the  
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 Foreign Judicial Authority in corresponding circumstances

Article (51)  
Immunity of Witnesses and Experts Appearing before Foreign Judicial 
Authorities  
If the purpose of judicial assistance is to have a witness, expert or accused attend before a 
Foreign Judicial Authority, the Authority shall undertake not to prosecute, detain or restrain 
him of his liberty on account of criminal offenses or convictions preceding his departure 
from the territory of the UAE and not to prosecute, detain or punish him on account of his 
testimony, expert report, or failure to appear before the Authority

Article (52)  
Transfer of Detained Witnesses  
Subject to Article 63 of this Law, when a request is made by a Foreign Judicial Authority for a 
person in custody in the UAE to appear as a witness or expert in order to give testimony or 
statements before its judicial authorities with his prior consent, the Foreign Judicial 
Authority shall be obliged to keep him in custody and return him as soon as practicable or within such time period as specified by the UAE  
The UAE may refuse to transfer a person in custody in any of the following cases:  
1. When compliance with the request would be incompatible with the sovereignty, security or public policy of the UAE  
2. When his presence is required for criminal proceedings in progress in the UAE  
3. When his transfer to the Foreign Judicial Authority would prolong his term of custody  
4. When his transfer would place his life or the life of his family members at risk

Article (53)  
Cases in which Assistance can be Refused 
A request for judicial assistance may be refused:  
1. If the act underlying the request would not be an offence if committed in the territory of  
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 the UAE  
2. If compliance with the request would be incompatible with the sovereignty, security, 
public policy or essential interests of the UAE  
3. If the request concerns a political offence or an offence connected with a political 
offence  
4. If the request concerns an offence of a purely pecuniary nature such as tax and customs offences  
5. If there are substantial grounds for believing that the request for assistance had been 
made for the purpose of prosecuting a person on account of race, sex, religion, 
nationality, ethnic origin or political opinion or that his position would be prejudiced for 
any of those reasons  
6. If the request relates to an offence that is subject to judicial investigation or prosecution 
in the UAE or the prosecution of which before the Foreign Judicial Authority would be 
incompatible with the law on double jeopardy (neb is in idem)  
7. If the criminal proceedings arising out of the offence have lapsed for any of the reasons 
stated in the law of the UAE or the law of the Requesting State  
8. If the judicial assistance requested requires the UAE to carry out compulsory measures 
that would be inconsistent with its law had the offence been the subject of investigation 
or prosecution under its own jurisdiction  
9. If the act underlying the request is an offense under military law, which is not also an 
offence under ordinary criminal law

Article (54)  
Execution of Request in a Specific Manner  
The request for assistance shall be executed in accordance with the procedures required by 
UAE law  
Upon the express request of the Foreign Judicial Authority, the request for judicial assistance shall be executed in a specific manner provided there is no conflict with the laws in force  
   
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Article (55)  
Expenses, Fees and Costs  
Where a deposit for the fees of experts and documents necessary for the execution of a 
request for judicial assistance is payable in advance, the Requesting State shall be notified in 
order to lodge the deposit with the Competent Judicial Authority

Article (56)  
Witness & Expert Reimbursement  
By law, witnesses and experts are entitled to appropriate reimbursement of expenses for travel and subsistence as well as appropriate compensation by the Requesting State for loss 
of earnings or profits. The expert may request that the Requesting State pay a fee for his 
expert opinion  
The documents pertaining to the request or notice shall state the amounts payable to the witness or the expert. The Requesting State may, upon the request of the witness or expert, pay the amount in advance

Article (57)  
Return of Property, Documents and Records  
The authorities of the UAE may request the return of any property, documents or records that have been delivered to the Foreign Judicial Authority for the execution of a request for 
judicial assistance

Article (58)  
Sharing of Proceeds from Crimes  
The proceeds from crimes in respect of which judicial assistance has been provided may be 
shared with the Foreign Judicial Authority. The Minister, in coordination with the concerned 
authorities, shall determine the relevant requirements and procedures  
   
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 Chapter Two  
Requests for Judicial Assistance from UAE Authorities to a Foreign Judicial 
Authority

Article (59)  
Procedure for Requesting Foreign Assistance  
The Competent Judicial Authority may request judicial assistance from a Foreign Judicial 
Authority under Article 43 -2 of this Law  
Requests for judicial assistance shall be sent to the Competent Department for transmission 
to the Foreign Judicial Authority through diplomatic channels  
After verifying that the request for judicial assistance is complete and meets the necessary 
formal requirements, the Competent Department shall refer the request to the Competent Judicial Authority for appropriate action

Article (60)  
Request for Assistance Information and Supporting Documents 
Requests for judicial assistance shall be made in writing by the Competent Judicial Authority 
and, together with the supporting documents, shall bear the date, signature and seal of the 
Requesting Party. The documents shall be translated into the language of the Foreign 
Judicial Authority or any other language acceptable thereto  
The request shall include a case description, the Requesting Party and the Requested Party, all details pertaining to the facts of the case, relevant texts of law and the measures to be 
taken, specifically:  
1. Name and place of residence of witnesses and the questions to be posed to them  
2. List of questions for the persons who are to be questioned  
3. Description of property or documents to be inspected or reviewed  
4. Any further information required to obtain evidence on the basis of oath, proof or any 
mode required to be used or necessary in order to execute the request  
The request shall specify any time limit within which compliance with the request is desired  
   
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  24

Article (61)  
Criteria for Validity of Measures Taken Abroad  
Measures taken under a request for judicial assistance shall be valid if carried out in 
accordance with the law of the Foreign Judicial Authority which exercised its jurisdiction 
unless the Competent Judicial Authority in the State had requested that they be carried out 
in a particular manner

Article (62)  
Legal Effect of Measures Taken Abroad  
Measures taken through judicial assistance in accordance with the Law shall have the same 
legal effect as if carried out before the Competent Judicial Authority

Article (63)  
Immunity of Witnesses and Experts before the Judicial Authorities  
Where the purpose of judicial assistance is to have a witness, expert or accused appear 
before a judicial authority, he may not be prosecuted, detained or subjected to any 
restrictions on his personal liberty on account of criminal offenses or convictions preceding 
his departure from the territory of the Requested State. Nor may he be prosecuted, detained 
or punished on account of his testimony or expert report  
A witness or expert who fails to answer a summons to appear, service of which has been 
requested, shall not by reason thereof, be liable to any penalties or be subjected to any 
coercive measures notwithstanding any contrary statement contained in the summons  
The immunity provided for in the preceding two paragraphs shall cease when the witness or expert, having had for a period of 30 consecutive days from the date of being notified in 
writing by the party who summoned him that his presence was no longer required, an opportunity of leaving, has nevertheless remained in the territory of the State, or having left 
it, has voluntarily retuned  
The period does not include any time during which the witness or expert was unable to leave the territory of the UAE for reasons beyond his control   
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  25 
 Part  Four  
Transfer of Convicted Persons  
Chapter One  
Transfer of a Convicted Person to a Foreign State

Article (64)  
Conditions for the Transfer of a Convicted Person to a Foreign State  
The Attorney General shall, in compliance with an agreement to which the UAE is party, 
approve a request by a Foreign Judicial Authority to transfer a convicted person detained at a 
penal institution in the UAE by virtue of a criminal sentence issued by the courts of the UAE, 
subject to the following conditions:  
1. The offence for which the sentence was given being punishable by a penalty entailing 
deprivation of liberty under the laws of the Executing State  
2. The sentence being final and enforceable  
3. The convicted person being a citizen of the Executing State  
4. The convicted person agreeing to his transfer. If the convicted person is unable to 
express himself in writing, approval shall be given by his lawyer, spouse or relative up to 
four times removed.  
5. The remaining time to serve before the expiration of a sentence entailing deprivation of liberty being not less than 6 months at the time of communication of the transfer request. Nevertheless, the Minister may, in coordination with the Minister of the Interior, 
decide at his own discretion and under exceptional circumstances, to approve the 
transfer if there are less than 6 months remaining to serve on the sentence  
6. The Executing State bearing the expenses related to the transfer of the convicted person

Article (65)  
Cases in which a Transfer Request will be Denied  
A request for the transfer of a convicted person shall be denied in the following circumstances:   
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  26 
 1. If the granting of the request would prejudice the sovereignty, security or public policy of 
the UAE  
2. If the offence in respect of which the person has been sentenced is a military offence  
3. If the procedure for executing the sentence in the Requesting State is different from the execution procedure of the UAE  
4. If the Requesting State has not undertaken to waive its amnesty rules with respect to the 
convicted person

Article (66)  
Cases in which a Transfer Request can be Denied  
A request for the transfer of a convicted person may also be denied in the following circumstances:  
1. If amounts, fines, costs, compensation or other monies judicially awarded against the 
convicted person remain unpaid  
2. If proceedings involving monetary claims are pending against the convicted person in the courts of the UAE  
3. If the maximum term of the penalty of deprivation of liberty established by the law of the Requesting State is considerably less than the awarded penalty of deprivation of 
liberty

Article (67)  
Procedure for Submission of Transfer Request  
A request for the transfer of a convicted person shall be made in writing by the Executing 
State in Arabic or on the basis of an Arabic translation. The request shall include details of 
the convicted person, documents proving his nationality, his place of residence and 
detention in the Requesting State in addition to an undertaking to waive special amnesty 
rules with respect to him  
The authorities of the UAE may submit a request for a convicted person detained in the UAE to be transferred to the State of his nationality   
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  27 
 A convicted person may personally or through his lawyer request that he be transferred to 
serve a sentence imposed on him by a UAE court in the State of his nationality

Article (68)  
Transfer Request Information and Supporting Documents  
The transfer request shall be accompanied by the following information and documents, translated into the language of the Executing State and duly attested by the relevant 
authorities:  
1. Copy of the judgment of conviction, attested by the competent authority  
2. Statement containing essential information regarding the remaining time to be served 
on the sentence including the period of remand in custody ordered in the case and any 
information on the identity of the convicted person and his conduct before and after 
pronouncement of the judgment of conviction  
3. Convicted person's written consent to the transfer request in the manner required by 
Article 64 of this Law

Article (69)  
Ensuring the Consent of the Person to be Transferred  
The convicted person shall be referred to the Public Prosecution in order to ensure that his 
consent to the transfer is being given voluntarily with full knowledge of the legal 
consequences thereof

Article (70)  
Transfer Expenses  
The authorities of the UAE shall bear the expenses related to the transfer and provision of 
escort for the convicted person within the UAE  
  
  
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  28

Article (71)  
Notification of Decisions and Proceedings to the Executing State 
The Public Prosecution shall notify the Executing State through the Competent Department 
of any general or special amnesty rules which apply to the convicted person as well as any 
decisions or proceedings in the territory of the UAE that would terminate the execution of 
the sentence in whole or in part  
  
Chapter Two  
Transfer of Convicted Person from a Foreign State

Article (72)  
Request for Transfer of a Convicted Person from Abroad  
Subject to Article 2 of this Law , the authorities of the UAE may request the competent 
authorities in a foreign State to transfer a person holding UAE nationality serving a sentence 
at a penal institution in the foreign State by virtue of a criminal sentence issued by the courts 
of that State

Article (73)  
Request for Transfer Information and Supporting Documents 
The request for transfer shall be made in writing and shall include details of the convicted 
person and documents proving his nationality and place of his detention. The request shall 
be translated into the language of the Sentencing State or any other language acceptable 
thereto, duly attested by the relevant authorities

Article (74)  
Admission of Convicted Person to a Penal Institution  
By law, the Convicted Person Sought to be Transferred to the territory of the UAE shall be admitted to the penal institution pursuant to a written order issued by the Attorney General 
or person delegated by him   
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  29

Article (75)  
Execution of Sentence 
The sentence shall be carried out in accordance with the execution procedures followed by 
the UAE after deducting the period of remand in custody and the time served by the 
convicted party. The UAE shall have sole jurisdiction to issue decisions in relation to 
execution and shall, at the request of the Sentencing State, provide information regarding 
compliance with the sentence

Article (76)  
Medical Release  
The Public Prosecution shall notify the Sentencing State through the Competent Department of all procedures taken and documents submitted in the event of a medical 
release of the convicted person

Article (77)  
No Re -Prosecution  
All criminal proceedings which the judicial authorities of the UAE have instituted in respect 
of the same offence against the Convicted Person Sought to be Transferred shall cease upon 
the approval of the transfer request. Criminal proceedings may not be reactivated for the 
same offence nor may the convicted person be re -prosecuted for the same facts concerning 
the judgment of conviction

Article (78)  
Rules of General and Special Amnesty  
A convicted person shall be subject to general amnesty rules but would not be eligible for special amnesty, conditional release or any other pardon unless approved by the Sentencing 
State subject to the general and special amnesty rules of the Sentencing State applying to 
him   
Federal Law No. ( 39) of 2006 Concerning International Judicial Cooperation in Criminal Matters  30 
 Part  Five  
Final Provisions

Article (79)  
Subject to Article 2 of this Law, any provision contradicting or conflicting with this Law shall 
be repealed

Article (80)  
This Law shall be published in the Official Gazette and shall come into force on the date of 
publication  
  
 
KHALIFA BIN ZAYED AL NAHYAN  
PRESIDENT OF THE UNITED ARAB EMIRATES  
 
Issued by us at the Presidential Palace in Abu Dhabi  
On 8 Shawal 1427 AH  
Corresponding to 31 October 2006