Understanding UAE Law Beyond Its Borders

Does UAE Law Apply Beyond Its Borders? Essential Knowledge for Abroad

For residents and citizens of the United Arab Emirates (UAE), an increasingly relevant question is the extent of the country's jurisdiction, especially when someone is abroad, studying, working, or even just transiting through another country. The degree to which a state can take legal action beyond its own borders is a complex and often misunderstood area.

Territorial Scope of the UAE Penal Code

Fundamentally, the laws of any state primarily concern crimes committed within its own territory. The UAE Penal Code follows this principle, with most laws and sanctions being applicable only within the country. However, there are cases where the law extends beyond its borders.

This is particularly important for those who leave the country for extended periods—whether for educational, business, or family reasons. Even if they are not physically present in the UAE, the law can, under certain circumstances, still hold them accountable.

Crimes Committed Abroad – When Can UAE Law Apply?

According to Article 23 of the UAE Penal Code, an Emirati citizen can be held accountable for a crime committed abroad if it occurred in that particular country. However, it is crucial that the act is considered a crime under the laws of both countries—the UAE and the foreign state. This is known as the principle of dual criminality.

For example, if an Emirati citizen commits an act in Europe which is punishable both there and under the UAE legal system, they can be subject to prosecution upon their return to the UAE—even if no legal proceedings were initiated in the other country or no conviction was secured.

However, if a person has already been legally acquitted or convicted for the crime in a foreign country, the UAE does not initiate a new proceeding—this follows the principle of ne bis in idem, meaning one cannot be tried twice for the same offense.

Not Only Applicable to Citizens

In certain cases, UAE jurisdiction can extend to individuals of other nationalities. Under Articles 21 and 22, there are specific severe crimes for which anyone—not just Emirati citizens—can be held accountable, even if the crime was not committed within UAE territory.

These cases may include:

1. Acts Against the Internal or External Security of the UAE

Any person, whether as an accomplice or instigator, who participates in acts against the constitutional order, independence, or security of the UAE can be held accountable under UAE law, regardless of where the action took place.

2. Forgery of Official Seals, State Bonds, or Stamps

Anyone who forges UAE official documents or financial instruments (such as stamps, bonds) can be held accountable in the country, even if the act was committed abroad.

3. Forgery of UAE Currency

Whether paper or coin money, its forgery, possession of forged money, or its distribution—regardless of these occurring outside the UAE—can lead to criminal consequences.

4. Premeditated Murder of an Emirati Citizen

If someone—whether not an Emirati citizen—murders a UAE citizen with premeditation, anywhere, it is deemed a crime under UAE laws, and prosecution may begin should they enter UAE territory.

International Crimes: Money Laundering, Terrorism, Human Trafficking

Article 22 pays particular attention to so-called international serious crimes. These include:

– terrorism

– human trafficking

– money laundering

– drug trafficking

In these cases, UAE law may apply even if the perpetrator is a foreign national, and the act did not occur within UAE territory. If the suspect enters UAE territory, authorities may initiate proceedings against them.

This is especially crucial for individuals choosing UAE as a transit country or new place of residence—for in such cases, they may still be scrutinized for past actions.

When Does It Matter That a Crime is "Partially" Committed in the UAE?

There is also a less known but legally important situation: when a crime is not completely, but only partially committed in the UAE. For instance, if someone abroad orchestrates a cybercrime whose repercussions are felt in the UAE—such as a ransomware attack on a Dubai company—the individual can be held accountable under UAE law.

What Should Travelers and UAE Citizens Abroad Pay Attention To?

One of the most important lessons is that for UAE citizens, knowing and complying with the laws of the host country is not necessarily sufficient. Behaviors that are not considered crimes in the host country might still pose issues under UAE law—such as drug use, financial misconduct, or political expressions.

Therefore, it is advisable for all UAE citizens—as well as foreigners intending to return to the country—to be aware of UAE's criminal regulations, as these may apply internationally under certain conditions.

Conclusion

The jurisdiction of the United Arab Emirates, therefore, does not end at its borders. The UAE Penal Code can, under certain circumstances—particularly in severe crimes and when nationals are involved—extend to acts committed in other countries. Both citizens and foreigners would do well to be aware of this if they have any form of connection with the UAE.

(Source of the article based on UAE Penal Code.)