Legislation Details
- Full Title: Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession
- Law Type: Cabinet Resolution
- Law Number: (43) of 2024
- Issued Date: 24 Apr 2024
- Effective Date: 30 May 2024
- Official Gazette: No. 774
- Sector: Security and Safety
- Status: Active
- Number of Articles: 15
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the treatment of non-resident foreigners arrested at UAE ports with narcotic drugs or psychotropic substances in their possession. It establishes specific procedures and penalties for such cases, with the aim of combating drug abuse and trafficking. The Resolution is significant for businesses and individuals in the UAE, as it imposes strict penalties on non-residents caught with small quantities of drugs, including fines, deportation, and entry bans. This reflects the UAE's zero-tolerance approach to drug-related offenses and its commitment to maintaining public safety and security. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is limited to non-resident foreigners arrested at UAE ports (land, sea, or air) with narcotic drugs or psychotropic substances in their possession, provided that the weight of the seized substances does not exceed the limits specified in the attached Schedule. The purpose is to establish specific procedures and penalties for dealing with such cases, in accordance with Article 42-bis of Federal Decree-Law No. (30) of 2021 on Combating Narcotic Drugs and Psychotropic Substances. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 1)
What are the key definitions under this law?
The Resolution does not provide any specific definitions. It refers to the terms "narcotic drugs" and "psychotropic substances" without defining them, implying that the definitions provided in Federal Decree-Law No. (30) of 2021 on Combating Narcotic Drugs and Psychotropic Substances apply. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024)
What are the main obligations and requirements?
The main obligations under this Resolution are:
- Seizure Procedures: Judicial officers must draw up a seizure report, record the arrested person's data in the Unified Criminal System, confiscate the seized substances, and refer the accused, the report, and the seized substances to the Public Prosecution. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 2)
- Payment of Fines: Non-resident foreigners arrested for the first, second, or third time must pay fines ranging from AED 5,000 to AED 100,000, depending on the number of offenses, before being allowed to enter or re-enter the UAE. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 3)
What are the penalties for non-compliance?
The Resolution imposes the following penalties:
- First Offense: A fine of not less than AED 5,000 and not more than AED 20,000, and the person is allowed to enter the UAE only after paying the fine. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 3(1)(a))
- Second Offense: A fine of not less than AED 10,000 and not more than AED 30,000, deportation from the UAE, and a 3-year entry ban, which can only be lifted after paying the fine and serving the entry ban. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 3(1)(b))
- Third Offense: A fine of not less than AED 50,000 and not more than AED 100,000, deportation from the UAE, and permanent entry ban. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 3(1)(c))
- Possession of Substances in Clause 4 of the Schedule: A fine of not less than AED 50,000 and not more than AED 100,000, deportation from the UAE, and permanent entry ban. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 3(2))
What listing requirements exist?
The competent Public Prosecution must order that a person against whom a decision has been issued to deprive them of entering the UAE be listed on the list of persons banned from entering the UAE in the Unified Criminal System upon departure, and on the administrative list of the Federal Authority for Identity, Citizenship, Customs and Port Security, as per the deprivation periods set forth in this Resolution. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 4)
What exemptions or exceptions apply?
A person against whom a decision of deprivation of entering the UAE has been issued may apply, in person or through their legal representative, for exemption from the decision of deprivation of entering the UAE before the competent authority after it is proved that they have paid the fine, in accordance with the rules and procedures applicable in the legislation in force in the UAE. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 5)
When did this law come into effect?
This Cabinet Resolution shall be published in the Official Gazette and shall enter into force after 30 days from the publication date. (Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession, 2024, Art. 7)
Source Documents
This article analyses Cabinet Resolution Concerning the Treatment of Non-Resident Foreigners Arrested at UAE Ports with Narcotic Drugs or Psychotropic Substances in their Possession for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.