Federal Law No. (14) of 2020 on the Protection of Witnesses and the Like (security and safety law)

Article (1) 
Definitions  
For applying the provisions of this law, the following words and phrases shall denote the 
meanings assigned thereto respectively, unless the context indicates otherwise:  
 The State  
 : The United Arab Emirates . 
 The Competent 
Authority  
 : The Ministry of Interior or federal or local authori ty in charge 
of security affairs, as the case may be.  
 The Judicial 
Authority  
 : Federal, local or military courts or public prosecutions.  
 The Competent 
Court  
 : The criminal chamber designated under a resolution of the 
Minister of Justice or the head o f the judicial authority, as the 
case may be.  
 Witness and the 
Like  
 : Any person, who has knowledge of, and reveals information 
about a particular crime before the competent authority or 
the judicial authority, where such information is of a material 
influence in respect of such crime.   
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  Whistleblower  
 : Any person, who reports to the competent authority or 
investigation bodies a criminal incident, before, during or 
after its occurrence . 
 Expert  
 : A person appointed by the Judicial Authority to submit a 
report on any technical matter involved in the case, pursuant 
to the provisions of the above -referenced Federal Law No. [7] 
of 2012.  
 Anonymous Source  
 : A person who cooperates with the competent a uthority 
through collecting or providing the information or data 
relating to a criminal incident, whether sua sponte or at the 
request of the competent authority, with or without 
compensation.  
 Protection Program  
 : A set of measures and actions establish ed by the competent 
authority, according to the provisions of this Law and its 
Executive Regulations, in order to ensure the safety of the 
protected person.  
 Protected Person  
 : An individual belonging to the categories described in Article 
[3] of this law and in respect of them a decision is issued 
approving their admission to the protection program.  
 Protection 
Instrument  
 : An Agreement to be co -signed by the competent authori ty 
and the protected person, and which sets out the rights and 
obligations of both parties.  
 Protection Unit  
 : An organizational unit to be established at the competent 
authority for implementing the protection program.

Article (2) 
Objectives of the La w 
This law aim at:  
1. Protecting the society and minimizing the crime rate as much as possible .  
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 2. Activating the community engagement role for detecting crimes . 
3. Protecting the witnesses, victims, whistleblowers, experts and anonymous sources and 
their respective family members and closest persons as well as any other persons 
decided by the judicial authority to be protected from any threat, assault, revenge or 
intim idation surrounding  them .

Article (3) 
Applicability to Protected Persons  
The provisions of this Law shall apply to the following categories:  
1. Witness . 
2. Victim . 
3. Whistleblower . 
4. Expert . 
5. Anonymous source . 
The provisions of this Law shall also apply to the family members of the categories 
mentioned in this Article, any person whose life or safety may be at risk due to his close 
connection to the protected person and any person[s] decided by the judicial auth ority to be 
covered with the protection.

Article (4) 
Applicable to Crimes Committed  
The provisions of this Law shall apply to the protected person in any of the following cases:  
1. Terrorist crimes . 
2. Crimes involving narcotic drugs and psychotropic substances . 
3. Crimes involving weapons, ammunition, explosives and military equipment . 
4. Crimes involving money laundering and combating the financing of terrorism and illegal 
organizations . 
5. Human  trafficking crimes . 
6. Cybercrimes .  
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 7. Crimes against the State security and interests . 
8. Crimes involving the public office . 
9. Crimes penalized with a felony punishment . 
10. Any other crime for which the judicial authority decides to afford protection to the 
person involved . 
11. Any other crimes determined under a cabinet resolution based on the Minister of 
Interior's proposal after coordination with the Minister of Jus tice.

Article (5) 
Establishment of Protection Unit and Program  
1. The protection unit shall be established under a resolution of the competent authority's 
head, to undertake all duties and actions relating to affording the protection, according 
to the obligations and terms of reference determined by the executive regulat ions.  
2. The protection program's proposal shall be created by the protection unit and approved 
by the competent authority, and the executive regulations of this Law shall determine its 
procedures, implementation and development mechanism.

Article (6) 
Powers of the Competent Authority  
The competent authority shall have the following powers:  
1. Receive the applications for admission to the protection program.  
2. Determine the witness, victim, whistleblower, expert and anonymous source and their 
respec tive family members and closest persons, required to be covered by the protection 
program.  
3. Draw up a report that outlines the security circumstances surrounding the protected 
person and the extent of threat to his life or the lives of his family members ad closest 
persons.  
4. Draw up a report that outlines the ability of the person required to  be protected to adapt 
to the protection program.   
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 5. Create the protection program for the protected person and recommend its application, 
while indicating the underlying reasons.  
6. Prepare the protection program finance budget.  
7. Draw up an annual  report on the protection program and its performance and 
effectiveness.  
8. Any other powers vested in it under a cabinet resolution.

Article (7) 
Obligations of the Competent Authority  
The competent authority shall have the following obligations vis -à-vis the protected person:  
1. Maintain the confidentiality of their personal information and data and only disclose the 
same to third parties after the competent court's approval is obtained.  
2. Determine the extent of risk for the circumstances and e vents that may be experienced 
by them, during the ordinary course of their lives or upon giving testimony.  
3. Determine the level and type of protection required for them.  
4. Afford security protection to them if they are summoned for testimony or if t heir 
position is revealed in such a manner that could jeopardize their lives or safety or the 
safety of their family members.  
5. Not to employ the admission to the protection program as a reward for their cooperation 
with the competent authority.

Article (8) 
Protection Program Admission Criteria  
Admission to the protection program shall be subject to the following criteria:  
1. The serious nature of the threat experienced by the person required to be protected . 
2. The serious or important nature of the crime that involves cooperation by the person 
required to be protected . 
3. The importance of testimony of the person required to be protected . 
4. Lack of any evidence other than the testimony of the person required to be protected .  
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 5. Any other criteria established by the competent authority.

Article (9) 
Protection Program Admission Procedures  
1. The application for admission to the protection program shall be submitted by the 
competent authority or judicial authority to the competen t court, and the executive 
regulations of this Law shall determine the documents required to be enclosed with the 
application.  
2. The competent court shall scrutinize the application in light of the criteria described in 
Article [8] of this Law.  
3. The  competent court shall decide on the application not later than fifteen [15] days from 
the submission date of the application, and its decision in this regard shall be final and 
non -appealable by any means whatsoever.

Article (10)  
Interim Measures Pending Issuance of Protection Program Admission 
Decision  
The competent authority may adopt any of the protection measures described in Article [14] 
of this Law with immediate effect, if there is any existing threat or imminent risk to the 
person required to be co vered by the protection program, until a decision is issued by the 
competent court on the application for admission to the protection program.

Article (11)  
Competent Court  
A resolution shal l be issued by the Minister of Justice or the head of the judicial authority, as 
the case may be, determining the court having the jurisdiction to consider the application for 
admission to the protection program.  
   
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Article (12)  
Signing the Protection Instrum ent 
The protected person shall sign the Protection Instrument as soon as the decision admitting 
them to the program is issued. Such signature shall be construed as acceptance of the terms 
and conditions of the protections program, which shall only be imple mented after such 
acceptance and in such a manner determined by the executive regulations of this Law.

Article (13)  
Content of Protection Instrument  
The Protection Instrument shall include the terms and conditions of the protection program, 
particularly th e following details:  
1. Terms and conditions for admission to the program . 
2. Protection measures applicable to the protected person . 
3. The financial and moral support provided to the protected person . 
4. A proof of the protected person's acceptance of the following matters : 
A. To comply with all instructions of the protection program . 
B. To undergo physical and psychological tests . 
C. Not to make the protection program's integrity or security vulnera ble to risk . 
D. To disclose all legal responsibilities and financial obligations and the methods of 
their satisfaction . 
E. To disclose any criminal, civil or commercial lawsuits or proceedings involving 
bankruptcy or insolvency that have existence prio r to signing the Protection 
Instrument or are expected to occur subsequently . 
F. Any other terms and conditions prescribed by the Executive Regulations of this Law.

Article (14)  
Protection Measures to be taken by Competent Authority  
1. The protection measures shall be proportional to the level of risk which may be 
experienced by the protected person, including the following:   
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 A. Physical protection . 
B. Change of place of residence . 
C. Change of workplace . 
D. Change of personal ide ntity . 
E. Use of remote communication technology . 
F. Any other measures approved by the Competent Court and are deemed necessary to 
ensure the safety of the protected person.  
2. The executive regulations of this Law shall set out the protection measures 
implementation procedures and means.

Article (15)  
Obligations of the Judicial Authority  
When the protected person appears before the judicial authority, the latter may not take any  
action that may adversely affect the protection measures or render the witness or the like 
vulnerable to risk, including:  
1. Reject the questions posed by the Defendant or their lawyers, which may ultimately 
cause their identity to be revealed; and  
2. Not to make the protected person stand in confrontation with any witness or defendant 
in any other lawsuit.

Article (16)  
Service of Judicial Instruments upon Protected Person  
Subject to the provisions of service of summons set out in the Federal Law No. [35] of 1992 
referred to hereinabove, the service of summons upon the protected person to appear 
before the judicial authority shall be made through the protection unit.

Article (17)  
Protection Measures before the Judicial Authority  
When protected persons appear before the judicial authority, the latter may choose any of  
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 the following measures:  
1. Not to make the protected person appear to the public . 
2. Hear the protected person's testimony behind a screen . 
3. Replace the protected person's voice . 
4. Submit the questions, required to be posed by the parties to the lawsuit, to the protected 
person in writing whenever possible . 
5. Hear the testimony through appropriate electronic means . 
6. Employ the remote communication technology . 
7. Hold th e hearing behind closed doors . 
8. Take any other measures determined by the judicial authority or set out in the executive 
regulations of this law.

Article (18)  
Termination of Protection Program  
The competent authority may request the competent court to remove the protected person 
from the protection program in any of the following cases:  
1. If the protected person furnishes a written rejection to continue to undergo the 
protection program . 
2. If there is no longer need to afford protection to the protected person . 
3. If the protected person fails to abide by the terms and conditions of the protection 
program . 
4. If the protected person violates the conditions of the Protection Instrument . 
5. If the protected person deliberately furnishes untrue or misleading information to the 
judicial authority or competent authority . 
6. If the protected person makes any conduct that jeopardizes the protection program . 
7. If the protected person fails to abide by the demands or instructions of the protection 
unit . 
8. If the protected person commits a criminal offense, as determined by the executive 
regulations of this Law .  
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 9. If the protected person fails to abide by  the judicial authority's decisions.  
The competent court shall issue a decision admitting or rejecting the application submitted 
thereto, and such decision shall be final and non -appealable.

Article (19)  
No disclosure of Protection Program's Information  
1. Each person involved in the creation or implementation of, or who gets access to the 
protection program, shall be prohibited from disclosing any information or data relating 
to the identity of the protected person or of the protection program.  
2. The competent authority may establish the measures to help keep any information or 
data relating to the protection program.

Article (20)  
Cooperation with Relevant Entities  
1. For the sake of applying the provisions of this Law, the competent authority may:  
A. Enter into agreements with any natural or legal person for taking advantage of their 
services in implementing the protections program, according to the controls 
establis hed by the executive regulations of this Law.  
B. Enter into agreements with relevant foreign authorities, international organizations 
or governmental or nongovernmental regional organizations on the implementation 
of any protection measures.  
2. Relevan t governmental entities shall cooperate and coordinate with the competent 
authority on any matter relating to the implementation and management of the 
protections program.

Article (21)  
The Register  
1. The protection unit shall keep a register for protected persons and the executive 
regulations of this Law shall determine the information and data required to be recorded  
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 therein, as well as the controls and procedures of recording in the same.  
2. The co mpetent authority shall keep a register for anonymous sources and a resolution of 
the head of the competent authority shall determine the information and data to be 
recorded therein, the controls and procedures of recording in the same as well as the 
rewar ds to be granted to the anonymous sources.

Article (22)  
Confidentiality of Information  
The information and data recorded in the registers referred to in Article [21] of this law shall 
be deemed of a confidential nature and may neither be disclosed nor circ ulated except 
under the legally permitted circumstances.  
  
Penalties

Article (23)  
Imposing the penalties described in this Law shall not prejudice to any more severe penalty 
described in any other law.

Article (24)  
Whoever discloses information or data that are committed to their trust under the 
provisions of this Law shall be penalized with prison sentence for a term of not less than six 
months and / or a fine of not less than fifty thousand dirhams [AED 50,000] and not 
exceeding one hundred thousand dirhams  [AED 100,000]. The prison sentence shall be 
imposed if the protected person or any of their family members sustains physical harm as a 
result of the disclosure of any such information or data. The death penalty shall be ordered 
by the Court if it is prove n that the disclosure of information or data has ultimately led to the 
death of the protected person or any of their family members.

Article (25)  
Each protected person, who deliberately reveals his protection status, whether during or  
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 after his involvement in the protection program, shall be penalized with prison sentence for 
a term of not less than six months and / or a fine of not less than [AED 3 0,000] thirty 
thousand dirhams and not exceeding [AED 100,000] one hundred thousand dirhams.

Article (26)  
Whoever, acting dishonestly and in bad faith, reports any incident, gives any testimony or 
submits an expert report, with intent to take advantage of the protection program, shall 
penalized with prison sentence and a fine of not less than [AED 100,000] one hundred 
thousand dirhams and not exceeding [AED 300,000] three hundred thousand dirhams.

Article (27)  
Executive Regulations  
The Cabinet shall issue t he Executive Regulations of this Law based on the Minister of 
Interior's proposal, within six months from the publication date of this Law.

Article (28)  
Repeal of Contrary Provisions  
Each provision that is contrary to or conflicts with the provisions of th is Law shall be 
repealed.  
  
 
 
 
 
 
 
 
 
  
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Article (29)  
Publication and Entry into Force  
This Law shall be published in the Official Gazette and shall enter into force ninety days 
following the date of its publication.  
  
 
 
 
Khalifa Bin Zayed Al Nahyan  
UAE President  
 
 
 
 
Issued by us at the Presidential Palace in Abu Dhabi  
On: 24 Rabi' I, 1442 AH  
Corresponding to: 10 November, 2020