Federal Law No. (39) of 2006
On International Judicial Cooperation in Criminal Matters
We, Khalifa bin Zayed Al Nahyan, President of the United Arab Emirates
- Having reviewed the Constitution; and
- Federal Law No. 1 of 1972, Concerning the Competences of the Ministries and the Powers of the Ministers, as amended; and
- Federal Law No. 10 of 1973, Concerning the Federal Supreme Court, as amended; and
- Federal Law No. 11 of 1973, Regulating judicial relations between member Emirates of the Federation; and
- Federal Law No. 6 of 1978, Regarding the establishment of the federal courts and the transfer of responsibilities of local judicial authorities in certain Emirates thereto, as amended; and
- Federal Law No. 3 of 1983, Concerning the Federal Judicial Authority, as amended; and
- Penal Code promulgated by Federal Law No. 3 of 1987, as amended; and
- Criminal Procedures Code promulgated by Federal Law No. 35 of 1992, as amended; and
- Federal Law No. 43 of 1992, Regulating Penitentiaries; and
- Federal Law No. 4 of 2000 on Criminalizing Money Laundering; and
- Federal Law No. 1 of 2004 on Combating Terrorism; and
- Based on the proposal of the Minister of Justice, approved by the Cabinet and ratified by the Supreme Council of the Federation
Hereby promulgate the following Law:
Chapter 1 — Definitions and General Provisions
Article (1) — Definitions
For the purpose of applying the provisions of this Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise:
- State: United Arab Emirates.
- Ministry: Ministry of Justice.
- Minister: Minister of Justice.
- Competent Court: Competent Court of Appeal.
- Central Authority: The competent department of the Ministry.
- Competent Judicial Authority: A court having the jurisdiction to hear an international judicial cooperation procedure, or the Public Prosecution.
- Foreign Judicial Authority: A competent judicial authority of a foreign state, or an international judicial authority established under an effective convention to which the State is a party or under a binding international resolution.
- Requesting State: A foreign state that requests a judicial cooperation from the State's authorities.
- Requested State: A state that is requested to execute a judicial cooperation.
- Person Sought: Any person whose extradition or provisional arrest is requested on the grounds of an indictment or criminal judgment rendered against him by a foreign judicial authority.
- Fugitive Wanted: Any person who is wanted from abroad on the grounds of an indictment or criminal judgment rendered against him by the State's courts.
- Convict to be Transferred: Any person who is convicted by the State's courts or courts of a foreign judicial authority by a final and enforceable judgment of a custodial sentence.
- State of Conviction: A state in which a conviction judgement is rendered and from which the convict is to be transferred.
- State of Enforcement: A state to which the Convict is transferred to serve a sentence imposed on him or any remaining period thereof.
Article (2) — International Judicial Cooperation General Provisions
Without prejudice to the provisions of international conventions to which the State is a party, or on the basis of reciprocity, the Central Authority of the State shall cooperate with any foreign Central Authority in criminal matters, pursuant to the provisions of this Law.
Article (3) — No Rights to Other States
Nothing in this Law shall give any State the right to compel any form of international judicial cooperation in criminal matters.
Article (4) — Application of Other Criminal Laws
Matters for which no provision appears in this Law shall be subject to the Criminal Procedures Code and any other relevant laws.
Article (5) — Proceedings to be Carried Out Under National Laws
Subject to the provisions of Article (2) hereof, where no particular provision is stipulated in this Law, the laws in force in the State shall be applicable when initiating the procedures of international judicial cooperation in criminal matters."