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UAE

Federal Decree Concerning the Guard of the State’s Land and Sea Borders

Analysis of Federal Decree Concerning the Guard of the State’s Land and Sea Borders (Federal Decree, ) — covering scope, key definitions, obligations, penalties, and interaction with other UAE legislation.

Legislation Details

  • Full Title: Federal Decree Concerning the Guard of the State's Land and Sea Borders
  • Law Type: Federal Decree
  • Law Number: [number] of 2001
  • Issued Date: 30 Sep 2001
  • Effective Date: 13 Oct 2001
  • Official Gazette: No. 370
  • Sector: Justice and Judiciary
  • Status: Active
  • Number of Articles: 22
  • Chapters/Parts: 0
  • Amendments: 0

Summary

This Federal Decree regulates the guarding and protection of the United Arab Emirates' land and sea borders. It establishes the responsibilities and powers of the UAE Armed Forces in securing the country's borders, including combating smuggling and infiltration, providing search and rescue operations, and enforcing relevant laws and regulations. The Decree aims to safeguard the UAE's territorial integrity, national security, and natural resources within its borders. It is an important piece of legislation for businesses and individuals operating near the UAE's land and maritime borders. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001)

What is the scope and purpose of this law?

The Federal Decree regulates the guarding and protection of the UAE's land and sea borders. It grants the UAE Armed Forces the responsibility of securing the country's land and maritime borders, including fighting smuggling and infiltration, providing search and rescue operations, and enforcing relevant laws and regulations. The Decree applies throughout the UAE's land border areas, which extend 40 kilometers from the borderline, as well as the UAE's designated sea regions. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 1, 2, 3)

What are the key definitions under this law?

The Decree provides the following key definitions:

  • State: United Arab Emirates
  • Armed Forces: The armed forces of the United Arab Emirates
  • Land Borderline: The border separating the UAE's terrestrial territory from other neighboring states
  • Land Border Area: The distance extending from the borderline to 40 kilometers inside the UAE's territory, or as determined by border agreements
  • Ports: Entries and exits located within the land border area as approved by the UAE's competent authorities
  • Sea Regions: All of the UAE's sea areas designated in accordance with Federal Law No. (19) of 1993
  • Sea Border: The border separating the UAE's sea regions from the sea regions of neighboring states
  • Border Guard, Coast Guard: The competent authority within the armed forces, entrusted with implementing the provisions of this Decree
  • Ship: Every medium which operates or is designed to operate in a marine environment

(Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 1)

What are the main obligations and requirements?

The key obligations and requirements under this Decree include: 1. The UAE Armed Forces are responsible for guarding the country's land and sea borders. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 2) 2. The Armed Forces must undertake all responsibilities essential to protecting sea and land borders and enforcing relevant laws, including the right to fire at any smuggler or infiltrator in border zones. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 3) 3. The Minister of Defense or the General Chief of Staff of the Armed Forces must specify the conditions for the operation of internal waters or stopping in the UAE's ports. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 5) 4. The Minister of Defense may issue decisions related to the temporary suspension of foreign ships in designated territorial waters, safety of navigation, and designating sea passage areas. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 6)

Which authorities or bodies are responsible for enforcement?

The key authorities and bodies responsible for enforcing this Decree include: 1. The UAE Armed Forces, which are granted the responsibility of guarding the country's land and sea borders. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 2, 3) 2. The Minister of Defense and the General Chief of Staff of the Armed Forces, who are empowered to issue decisions necessary for the implementation of the Decree. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 5, 6, 9) 3. The courts of the capital and their deputies, which are granted jurisdiction over certain violations of this Decree and related laws. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001, Art. 8)

What are the penalties for non-compliance?

The Decree does not specify any penalties for non-compliance. It focuses on the responsibilities and powers of the UAE Armed Forces in securing the country's borders, without detailing any punitive measures.

When did this law come into effect?

The Federal Decree Concerning the Guard of the State's Land and Sea Borders came into effect on 13 October 2001, the date it was published in the Official Gazette No. 370. (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001)

How does this law interact with other UAE legislation?

The Decree references several other UAE federal laws, including: - Federal Law No. (3) of 1971, Concerning the Federal Armed Forces - Federal Law No. (1) of 1972, Concerning the Competences of Ministries and Capacities of Ministers - Federal Law No. (19) of 1972, Concerning the Supreme Council of Defense - Federal Law No. (12) of 1976, Concerning the Police and Security Forces - Federal Law No. (6) of 1978, Establishing Federal Courts - Federal Law No. (26) of 1981, Concerning the Maritime Commercial Law - Federal Law No. (35) of 1992, Promulgating the Criminal Procedures Law - Federal Law No. (19) of 1993, Designating the Maritime Regions in the UAE - Federal Law No. (13) of 1996, Concerning the Entry and Residency of Foreigners - Federal Law No. (23) of 1999, Concerning the Use, Protection, and Development of Live Aquatic Resources - Federal Law No. (24) of 1999, Concerning the Protection and Development of the Environment (Federal Decree Concerning the Guard of the State's Land and Sea Borders, 2001)

Source Documents

This article analyses Federal Decree Concerning the Guard of the State’s Land and Sea Borders 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.

Written by Sushant Shukla

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