anti-trafficking law.
CONTEXT OF THE LAW
Hereinafter is the
full context of the Law:
We, Khalifa Bin
Zayed Al Nahyan, President of the United Arab Emirates, pursuant to the
constitution, and Federal Law No. 1 of 1972 regarding jurisdictions of
Ministries and authorities of Ministers and the laws issued in amendment
thereof, and Federal Law No. 6 of 1973 with regards to the Immigration and
Residence of Foreigners and the laws issued in amendment thereof, and Federal
Law No. 8 of 1980 with regards to Regulating Labor Relations and the laws
issued in amendment thereof, and the Penal Law issued by Federal Law No. 3 of
1987 and the laws issued in amendment thereof, and the Criminal Procedure Law
issued by Federal Law No. 35 of 1992 and the laws issued in amendment thereof,
and Federal Law No. 15 of 2005 in regards to Organizing Participation in Camel
Racing, and in accordance to a submission made by the Minister of Justice and
the Council of Ministries approval, and confirmation of the Federation’s
Supreme Council, the following law is issued:
DEFINITIONS
Article 1
The following
words and phrases shall have the meanings indicated alongside, unless otherwise
provided for in the context:
Human Trafficking:
The recruitment,
transportation, transfer or receipt of persons by means of threat or force or
other forms of coercion, abduction, fraud, deception, abuse of power or abuse
of a position of vulnerability, or of the giving or receiving of payments or
benefits in order to gain the consent of a person having control over another
person for the purpose of exploitation.
Exploitation:
Exploitation shall
include all forms of sexual exploitation, exploitation of the prostitution of
others, forced labor or services, slavery or similar practices to slavery,
servitude or removal of organs.
Organized Criminal
Group:
A group composed
of three or more persons, acting in concert with the
aim of committing any of
the human trafficking crimes, in order to obtain, directly or indirectly, a
financial or other material benefit.
A Crime of a
Transnational nature:
A crime of a
Transnational nature is one if:
1) It is committed
in more than one State;
2) It is committed
in one State but a substantial part of its preparation, planning, direction or
control takes place in another State;
3) It is committed
in one State but involves an organized criminal group that engages in criminal
activities in more than one State; or
4) It is committed
in one State but has substantial effects in another State
Child:
ِAny person under the age of eighteen.
PUNISHMENTS
Article 2
Temporary
confinement shall be sentenced onto those committing the crime of human
trafficking stipulated in Article “1” of this law, for a period of not less
than five years. The sentence of life in
prison shall be passed for any of the following:
1) If the
perpetrator has organized, planned or operated an organized criminal group, or
assumed leadership or called for others to join the group.
2) If the victim
is a female, child or handicapped. 1.
3) If the crime is
committed by way of fraud or use of force or threat of lives or grave injury or
physical or mental torture. 2.
4) If the act is
committed by two or more persons or by an armed person. 3.
5) If the
perpetrator is a member of an organized criminal group or had participated in
acts committed by this group with knowledge of its purposes. 4.
6) If the
perpetrator is a victim’s spouse, relative, sibling or guardian or someone
having authority over. 5.
7) If the
perpetrator is a public official or assigned to carry out public service. 6.
8) If the crime is
of a Transnational nature. 7.
CRIMES &
PUNISHMENTS
Article 3
Imprisonment for a
period of not less than one year, not exceeding five, in addition to a penalty
of not less than Five Thousand Dirhams, not exceeding Twenty Thousand Dirhams
or either of the above mentioned penalties, shall be imposed on anyone who has
knowledge of an attempt to commit any of the crimes stipulated in this law, and
not notifying the competent authorities.
Pardoning of
punishment of this penalty may be possible if the person refraining from
reporting the crime was a spouse to the perpetrator, a relative or sibling.
Article 4
Punishment by
means of temporary confinement for a period of not less than five years shall
be imposed on anyone using force or threats or offering gifts or benefits of
any kind or a promise for something similar, to induce another to provide false
testimony or conceal a matter or provide untrue statements or information
before any judicial authority in procedures related to the commission of any of
the crimes stated in this law.
Article 5
Punishment by
means of temporary confinement shall be imposed on anyone who came into
possession of, or concealed or disposed proceeds of any of the crimes stated in
this law or concealed one or more persons having had participated in these
crimes, with the intention of assisting them to escape justice, with knowledge
accordingly, or contributed in concealing traces of the crime.
Article 6
Punishment by
means of temporary confinement for a period of not less than five years shall
be imposed on anyone transgressing on any party executing this law, during or
by reason of performance of their duties or resisting such a party by means of
force or threat.
Article 7
A corporate person
shall be penalized with a fine in an amount of not less that One Hundred
Thousand Dirhams, not exceeding One Million Dirhams, should its
representatives, managers or agents commit on its behalf or in its name any of
the crimes of human trafficking, without prejudice to the liability of the
natural person. The Court may
additionally order its dissolution, permanent or temporary closure or the
closure of any of its branch offices.
Article 8
1) Punishment for
the attempt to commit crimes stated in this law, shall be the same punishment
imposed for the commission of the crimes.
2) It shall be
considered an actor anyone who commits crimes stated in Articles 2, 4, 5 and 6
of this law by those participating in the crime in their capacity as direct
accomplices, causers or participants with the knowledge of transporting or
harboring persons victimized by any of the human trafficking crimes or the
withholding of related documents as a means of exercising coercion upon them.
Article 9
Without prejudice
to the rights of others bona fide, under all circumstances, funds, possessions,
or tools used in any of the crimes stated in this law shall be confiscated.
Article 10
Crimes stated in
this law shall be punishable as provided herein, without prejudice to any
punishment provided in any other more severe law.
Article 11
Perpetrators
initiating to report a crime to the judicial or administrative authorities,
prior to the commission of the crime,
if such reporting results in uncovering
of the crime before its occurrence, apprehension of its perpetrators or
prevention of the crime, shall be pardoned from the punishments stated in this
law.
Should the report
be made after uncovering of the crime, the perpetrator may be pardoned from the
punishment or the punishment reduced, if during the investigation, the
perpetrator aided the competent authorities in the arrest of the other
criminals.
Article 12
In accordance with
this law, a Committee shall be formed “National Committee for Combating Human
Trafficking” the formation and the director of which shall be issued by a
decree from the Council of Ministries, composed of one or more representative
from each of the following authorities based on their nominations: Ministry of
Foreign Affairs, Ministry of Interior, Ministry of Justice, Ministry of Labor,
Ministry of Social Affairs, Ministry of Health, State Security, the Red
Crescent Authority and any other authority for which a decree is issued by the
Council of Ministries.
Article 13
The Committee
stipulated for in Article “12” of this law shall have the following
jurisdiction:
1. Study and develop legislation organizing
issues related to human trafficking in a manner that achieve the required
protection for them.
2. Preparation of reports related to measures
taken by the state to combat human trafficking in coordination with the
competent authorities in the state.
3. Study reports related to the subject of
human trafficking, and taking the necessary measures accordingly.
4. Coordination between different state
bodies including Ministries, Departments, Establishments and Authorities
related to the combating of human trafficking, with follow-up what is being
done regarding this matter.
5. Raising awareness of matters related to
human trafficking through conferences, seminars, publications, training and
others achieving the Committee’s aims.
6. Participation with the concerned state
authorities in international conferences and assemblies related to the
combating of human trafficking and conveying the state’s opinion through these
international meetings.
7. Executing all tasks assigned by the
Committee in this field.
General &
Final Provisions
Article 14
The authorities
having jurisdiction to enforce the provisions of this law shall keep the
secrecy of information they obtain, in such enforcement, whereas they shall not
disclose this information except to the extent which is necessary.
Article 15
All provisions in
contradiction or conflict with one provision of this Law shall be repealed.
Article 16
This Law shall be
published in the official gazette, and shall enter into force one month from
the date of publication.
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