Legislation Details
- Full Title: Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions
- Law Type: Cabinet Resolution
- Law Number: No. (74) of 2020
- Issued Date: 27 Oct 2020
- Effective Date: 29 Oct 2020
- Official Gazette: No. 689
- Sector: Security and Safety
- Status: Active
- Number of Articles: 57
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the establishment and maintenance of terrorist lists in the UAE, both at the domestic level and in alignment with the United Nations Security Council's resolutions on preventing and suppressing terrorism, its financing, and the proliferation of armaments. The law defines key terms, outlines the functions of the Supreme Council for National Security, and details the procedures for designating, delisting, and grieving decisions related to the terrorist lists. It also imposes obligations on financial institutions, non-financial businesses, and regulatory authorities to implement the sanctions and freezing measures. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020) The practical impact of this law is to strengthen the UAE's framework for combating terrorism and its financing, in line with its international commitments. It provides a clear legal basis for the designation of terrorist individuals and organizations, the freezing of their funds, and the implementation of other sanctions measures. This enhances the UAE's ability to detect, prevent, and disrupt terrorist activities within its jurisdiction. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the establishment and maintenance of terrorist lists in the UAE, both at the domestic level and in alignment with the United Nations Security Council's resolutions on preventing and suppressing terrorism, its financing, and the proliferation of armaments. The purpose is to strengthen the UAE's framework for combating terrorism and its financing, in line with its international commitments. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 1-2)
What are the key definitions under this law?
The law provides the following key definitions:
- Country: The United Arab Emirates
- Council: Supreme Council for National Security (SCNS)
- Ministry: The Ministry of Foreign Affairs and International Cooperation
- Competent court: Court having jurisdiction over state security offences
- Office: The Executive Office of the Committee for Goods and Material Subjected to Import and Export Control
- Regulatory authorities: Federal and domestic authorities entrusted by legislations to supervise Financial Institutions (Fls), specific non-financial Businesses and professions
- Law enforcement agencies: Federal and local authorities, entrusted under their legislation in force, to carry out offences combating, investigating and evidence-gathering, including Money Laundering and terrorism financing and financing illegal organizations
- Sanctions Committee: Any of the UN Security Council committees established pursuant to its resolutions
- The Designated: A person or organization designated by the Security Council in the sanctions list or by the Council of Ministers in the local lists
- Person: Natural or legal person
- Ombudsperson: The person designated by the Secretary-General of the United Nations to provide assistance to the Sanctions Committee
- Focal Point: A center established within the Secretariat General under Security Council's Resolution 1730 (2006)
- Relevant Security Council Resolutions: All current and future Security Council resolutions related to preventing and suppressing terrorism and its financing or stopping the spread of armaments and its financing
- Inclusion: Identification of person or organization subject to sanctions established by relevant Security Council resolutions
- Local (Domestic) lists: Terrorism lists issued as per a decision from the Cabinet
- Sanctions List: A list that contains names of individuals and organizations associated with terrorism and its financing or proliferation and armaments financing
- Explanatory Summary: The declared part of the reasons statement to include a person or entity by the Sanctions Committee on the sanctions list
- Funds: Assets of any method of acquisition, form, corporeal or incorporeal, tangible or intangible, movable or immovable, electronic, digital, or encrypted
- Further Measures: Applicable sanctions measures other than the freezing which may be included in the relevant Security Council resolutions or cabinet decisions
- Without Delay: Immediately, in any case, Within 24 hours of the inclusion decision
(Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this law include: 1. The Supreme Council for National Security (SCNS) is responsible for preparing and updating the local terrorist lists, coordinating with other states to designate persons or organizations, and proposing designations to the UN Sanctions Committee. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 2) 2. Financial institutions and specific non-financial businesses and professions are obligated to freeze the funds of designated persons or organizations without delay and implement other sanctions measures. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 21) 3. Regulatory authorities are required to supervise and ensure compliance by financial institutions and non-financial businesses with the obligations under this law. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 22)
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements under this law. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
What rights and protections does this law provide?
The law provides the following rights and protections: 1. Persons designated in the local terrorist lists have the right to submit a grievance to the Office, which will refer the request to the Supreme Council for National Security for study and formulation of conclusions. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 6) 2. The law allows for the cancellation of funds freezing procedures and other measures in cases where the names are similar to those designated in the sanctions list or local lists, and the affected person is not the designated individual. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 7, 18) 3. The law permits the use of frozen funds pursuant to the sanctions list or local lists, subject to certain conditions and procedures. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 8, 19)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement of this law are: 1. The Supreme Council for National Security (SCNS), which is responsible for preparing and updating the local terrorist lists, coordinating with other states, and proposing designations to the UN Sanctions Committee. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 2) 2. The Ministry of Foreign Affairs and International Cooperation, which supports the functions of the SCNS. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 1) 3. The Executive Office of the Committee for Goods and Material Subjected to Import and Export Control, which is responsible for disseminating the sanctions list and local terrorist lists and applying the decisions issued in their regard. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 11-12) 4. Regulatory authorities, which are responsible for supervising financial institutions and non-financial businesses to ensure compliance with the obligations under this law. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 22)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
What fees, charges, or financial provisions are specified?
The legislation does not specify any fees, charges, or financial provisions under this Cabinet Resolution. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions under this Cabinet Resolution. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
How are disputes resolved under this law?
The law provides the following dispute resolution mechanisms: 1. Persons designated in the local terrorist lists have the right to submit a grievance to the Executive Office, which will refer the request to the Supreme Council for National Security for study and formulation of conclusions. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 6) 2. The law does not specify any further details on the grievance procedures or appeal mechanisms beyond the initial submission to the Executive Office and review by the Supreme Council for National Security. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
What are the key deadlines and time limits?
The key deadlines and time limits specified in the law are: 1. The freezing of funds must be implemented "without delay", which is defined as "immediately, in any case, within 24 hours of the inclusion decision issued by the UN Security Council, the Sanctions Committee, or Cabinet, as the case may be". (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 1) 2. The law does not specify any other deadlines or time limits for other procedures, such as the review of local lists by the Supreme Council for National Security. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020)
How does this law interact with other UAE legislation?
This Cabinet Resolution interacts with the following UAE federal laws: 1. Federal Law No. (1) of 1972 concerning the Competencies and Powers of the Ministers and amendments thereof 2. Federal Law No. (17) of 2006 concerning the establishment of Supreme Council for National Security and the amendments thereof 3. Federal Law No. (13) of 2007 relating to Goods Subjected to Import and Export Control & the amendments thereof 4. Federal Law No. (7) of 2014 on Combating Terrorism Offences 5. Federal Law No. (20) of 2018 on anti-money laundering and combating the financing of terrorism and illegal organizations 6. Cabinet Resolution No. (20) of 2019 Concerning the Regulation of Terrorism lists and the application of the Security Council resolutions and the relevant resolutions on the prevention, suppression of terrorism and its financing and the cessation of weapon proliferation and its financing & the Relevant Resolutions The law does not specify any provisions that repeal or amend these other federal laws. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 29 October 2020, two days after its issuance on 27 October 2020. The decisions of designation, re-designation, delisting, and updating of the local terrorist lists are effective from the date of their issuance or from the date set by the Cabinet of Ministers, and are to be published in the Official Gazette. (Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council's Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions, 2020, Art. 5)
Source Documents
This article analyses Cabinet Resolution Regulating the Terrorist Lists and Implementing the Security Council’s Resolutions Regarding the Prevention and Suppression of Terrorism and its Financing and Proliferation of Armaments and the related Resolutions 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.