Court Uncourt (Issue VI)

I

Your source for legal news

Volume I Issue VI 2014

Our Offices: Abu Dhabi | Bahrain | Doha | Dubai | London | Luxembourg | Moscow | Sharjah

CONTENTSpage 2

Surbhi Veer & Zisha RizviMAYBE BABY?

page 4

Mahmoud Hassan & Yassir AhmedHOLD YOUR TONGUE!

page 7

Niharika Singh & Mohammad BadrFAMILY MATTERS

page 17

Sunil ThackerUAE FREE ZONE GUIDE 2014-2015

page 9

Dr. Ashraf Ibrahim & Sunil ThackerFOOD POISONING

page 20

Margarida Narciso & Rini Agrawal

SHARJAH RENTAL LAW- To change or not to change?

page 22

Jennifer Leader & Sunil Thacker

CROSS-BORDER CRIME AND EXTRADITION (PART I)

Iwith status and wealth – a symbol that the

purchaser had the means to travel to exotic,

far-flung corners of the world. In fact,

pineapples were so prestigious that

members of high society had the option of

hiring them to take to parties as

conversation pieces. Welcome back to

Court Uncourt – your legal pineapple! We at

STA explore the world of law on your behalf

to bring to you a collection of fresh,

insightful articles on both headlining and

original legal topics. Sit back, relax and enjoy

the journey!

n 18th century Britain the pineapple was

considered to be something of a rarity.

Such an enigmatic item was synonymous

2 Court Uncourt

“And the question is always "When are you going to have kids?" Rather than "Do you want to have kids?"’’

On July 25, 1978, a young couple Lesley and John

Brown who had to bear the brunt of media attention

amidst controversy and accusations of encouraging the

creation of “frankenbabies,” had their dream of

becoming parents come true when Lesley gave birth

to a baby girl who is and continues to be known as the

world’s first test tube baby in the United Kingdom. Over

the years, with medical technology grown leaps and

bounds, in vitro fertilization (IVF) has become a

conventional medical treatment. In vitro fertilisation

(IVF) is a process where an egg is fertilised by sperm

outside the body. The technique involves

monitoring and stimulating a woman's ovulatory

process, removing eggs from the ovaries and letting

sperm fertilise them in a laboratory.

Yes, the treatment still remains reserved by those who

can afford the costly technology and has also been a

topic of discussion relating to legal implications it gives

rise to. This article discusses the approach of the UAE

legal regulators and policy makers to this medical

treatment. When a woman undergoes IVF treatment,

she may end up with multiple fertilized eggs which are

better known as embryos. Upon testing, the best one

or two are implanted into the woman and the other

embryos are frozen in case the treatment fails or if the

couple wishes to have another child in the future.

Federal Law no.11 of 2008 outlawed the process of

freezing and storing eggs which resulted in

innumerable embryos having to be destroyed. The

medical experts believed that this increased the cost of

the treatment and was also counterproductive in terms

of treatment that had to be administered to the

woman. The treatment is a complex one as it employs

stimulating a woman’s ovaries to produce more eggs

than normal which is arduous for the body. The

hormones that are administered have been linked with

causing significant harm which have resulted in death.

A number of studies conducted in the United Kingdom

and other European countries have indicated an

increase in female mortality where the women have

undergone or are undergoing IVF treatment. There is

no known biological limit for how long the frozen

embryos are viable but a number of countries have set

limits of 10 (ten) years.

lifestyle changes, food habits and the societal

encumbrances in general, it is now indicated that one

in every six couples experiences some degree of

difficulty when attempting to have a child. As natural a

phenomenon as it may be, the conception and

delivery of a child has been a medical challenge for

many years.

he World Health Organization (WHO) defines

infertility as the inability to conceive a child. It

should not come as a surprise that owining to T

Court Uncourt 3

United Arab Emirates has been at the forefront of driving medical tourism towards the region. In the year 2012, the

number of medical tourists that visited Dubai was over 100,000 and the revenue generated was over 600 million

Dirhams. The Dubai Health Authority has armed itself with a striving strategy which they hope will attract more than

500,000 medical tourists a year. Reproductive assistance is the most sought after and traveled for treatment in UAE.

The reasons for the rise in its popularity has been significant since the implementation of the Cabinet Resolution

no.36 of 2009 which changed the law and allowed for medical centers to preserve and freeze the excess embryos.

This resolution also allowed private clinics and specialists to be granted licences for this treatment. Prior to this

resolution’s implementation, only government hospitals and clinics could administer this treatment.

The treatment is not new but all across the world there are different regulations that govern this practice. In some

countries, there is strict legislation regarding who can have IVF treatment. In Turkey the legislation insists that only

married couple have access to IVF. In New Zealand, there is a requirement of being a nuclear family to raise the child.

The United States of America has a much more lax approach and they permit single people and people in same sex

relationships to have access to IVF and surrogacy. There are also religious restrictions placed on this treatment. A

Catholic and Sunni muslims are not permitted to consider this form of treatment for infertility problems. It must be

noted that most of the legislation focuses on prohibiting negative practices and places a moral bandwidth to the

treatment.

In the case of Evans v United Kingdom which was a landmark case at the European Court of Human Rights had a

significant impact on fertility law not only in the United Kingdom but also on other European Union nations. In this

case, Ms. Evans and her fiancé separated after the eggs had been fertilized. The man in question decided to approach

the medical facility and have them destroy the eggs as he wished to withdraw consent. In the UK and other EU

nations, the legislation states that both parties must provide consent. Ms. Evans went to the High Court to pursue the

treatment and to request the court to dismiss her ex-fiancé’s wishes. The High Court and then House of Lords both

ruled against Ms. Evans. She approached the European Court of Human Rights where the ruling of the UK courts was

upheld. It is essential to note that this case was one of the many that have raised unprecedented issues for a number

of legal regulators.

It is imperative that policy makers, government bodies and medical experts come together to understand that the

value and significance of any embryo is relational, personal and thus infinitely variable. An embryo cannot be granted

a moral or legal significance as distinct entities.

4 Court Uncourt

DEFAMATION“Don’t interrupt when someone else is speaking”. “Don’t talk whilst your mouth is full”. “Don’t bite your nails”.

Mothers of the STA Associates (various)

W herever we grow up and whatever language we speak at home, all of us are undoubtedly subject to

an in-house set of behavioral customs and guidelines imposed by our parents and elders. Every

family will additionally have in place its own disciplinary procedure and retributions for flouting the rules. And whatever the consequences and whether deliberate or accidental, it is inevitable that at one point

or another we all fall short of our family’s customary expectations. Would we take more care to abide by the

rules if the punishments were more severe? What if our actions were not simply

breaching family convention, but actually breaking the law? Let us take

another stereotypical gem of parental wisdom – “if you can’t say

anything nice, don’t say anything at all”. If we breached this rule –

namely, if we were to say something that isn’t “nice” about

somebody – we would be chastised accordingly by our family.

But depending on exactly what we had said, we might have

broken federal law and be liable for a punishment far greater

than being expelled from the room.

To put this into context, saying something controversial about

another person may be considered as defamation – an act which is

criminalized under UAE law. Pursuant to Federal Law Number 3 of

1987 (the Penal Code) the law on defamation provides that a person

may not make a statement by any means if it has the potential to have

detrimental effect upon the person to whom the statement refers. In any

allegation of defamation it shall be for the prosecution to prove beyond all reasonable doubt

that all three of the elements of the offence have been fulfilled.

To some extent the written law (namely Articles 371 – 371 of the Penal Code) is very clear. For example, a

“detrimental effect” is deemed to have occurred if a victim of a statement has become consequently

susceptible to punishment, or exposed to public hatred or contempt (regardless of whether any such

punishment, hatred or contempt has actually transpired) under Article 372. The same may be said of a false

accusation which publicly dishonors or discredits the victim, whether or not a specific event is referenced by

the discrediting party, as per Article 373. However “making a statement” is not defined with such clarity, thus

allowing for a wide interpretation. What is a statement, and how do we determine whether or not such a

statement has been made?

Court Uncourt 5

continued on next page

Chapter 6 of the Penal Code is entitled “Defamatory Crimes – Libel, Slander and Violation of

Secrets”. This diction in its very basic sense gives us some guidance with regards to the

constitution of a statement, with libel being the written word and slander the spoken.

Furthermore the law gives specific examples, citing newspaper print in Article 372 and over the

telephone, in the presence of a third party or by letter in Article 374. However the statute is

without limitation and the definition of a statement is left ambiguous.

Evidently, a written statement may be made via a wide variety of

media other than in print. This is a fact which has become

increasingly prominent in the context of defamation when

considering the increased use of communication-based

technology and social networking. Surely if we posted a comment

on Facebook or Twitter which exposed someone to the risk of

public contempt or otherwise jeopardized his honor we have

breached the defamation law – especially as a social networking

site may be considered as “any means of publicity” as per Articles

372 and 373. And although posting offensive comments about our

peers is perhaps an activity confined to younger generations, the

The solution to this problem is simple – we need to take care and be mindful of the law when

publishing any comment into the public domain. We should also remember that the fact that the

general public may not have access to our respective web pages is not necessarily a defence, as

the law does not specify a target audience. But what are the rules regarding communications

which may be considered private? Will a person be in breach of defamation law further to a

statement made via a medium which pinpoints a very specific recipient – a statement sent to

another via our mobile telephones, for example? We have already noted the rapid development

of communication-based technologies, with applications such as Blackberry Instant Messenger,

WhatsApp and Snapchat being amongst recent popular advances. Such programmes facilitate

constant, unrestricted and private contact with acquaintances – but does the law of defamation

still apply? Further to a public warning issued by the Abu Dhabi police department Gulf News

published an article on 26 July 2011 citing that the misuse of instant messaging services is

punishable by up to three years imprisonment . The author, quoting the manager of the UAE’s

Telecommunications Regulation Authority, alludes to the way in which information and rumor

can spread at a tremendous speed with modern devices, and specifies that the defamation laws

cover the use of such technology in communicating detrimental statements and materials. It

therefore seems as though we should exercise equal diligence when communicating through

private channels.

law also goes so far as to also protect the reputation of commercial entities. Consequently

venting our frustrations with regards to a substandard product or a disappointing level of

customer service to our friends online may render us liable to prosecution owing to a breach of

the defamation provisions.

6 Court Uncourt

So we have established that a statement may be made via a plethora of methods. But what of the definition of

“statement” itself? Most of us would agree that making a statement means to convey an expression – but is this

description restricted to conveyance in words, whether spoken or written? They say that a picture paints a thousand

words could a photograph constitute a statement? Or what about a video clip? Given that either of these examples

have the potential to tarnish the reputation of the subject it follows that defamation provisions would apply to any

individual disclosing the contents of the same.Furthermore Article 371 of the Penal Code criminalizes any breach of

the sanctity of a person’s privacy. Under this law it is an offence to publicize any information pertaining to an

individual obtained without his consent, including but not limited to images.In September 2013 UAE headlines

reported an incident in which a third party captured on film a physical dispute between a local citizen and a foreign

truck driver and posted the video on the website YouTube – although the driver was arguably the victim of an assault,

both parties were considered victims of the violation of secrets provisions of defamation law, as the captor of the

footage had not sought permission from either before publicizing it online. Again, in the current age of technology

capturing images and videos on mobile phones and posting them on social networking sites is common practice –

would it ever occur to us to approach each friend present in a group shot and obtain their consent before sharing

the image on Facebook? Failing to take this step not only breaches defamation law, but also falls foul of Federal Law

Number 5 of 2012 (the Cyber Crime Law), which forbids any breach of a person’s privacy via technology.

But bearing in mind the severe consequences of failing to take the necessary precautions, then whether a statement

is true or not, perhaps we should henceforth consider another piece of parentally-imparted wisdom and “think before

we speak”.

Or, in this age of technology -speak, Tweet, Facebook, Instagram, email, SMS, picture message, WhatsApp, BBM,

Snapchat, YouTube, Pinterest, Ello and so on…

Abdullah Rasheed, Misue of Instant Messaging Services Punishable by Law, Gulf News: 26 July 2011

So what are the penalties risked by anyone (perhaps understandably) neglecting to exercise such diligence? Making

an allegation with the potential to effect a person’s public reputation may incur a fine of up to AED 20,000 or a period

of up to two years’ imprisonment (Article 372). Making any sort of statement which discredits a person could attract a

fine of AED 10,000 or one years’ imprisonment (Article 373), and a fine of AED 5,000 or six months in custody is risked

by anyone making such a statement by telephone or in the presence of both the victim and a witness (limited to a

fine only should the statement be made by letter or in the presence of the victim alone) (Article 374). The conveyance

of any such material via newspaper will aggravate the offence, as will the victimization of a public officer.

The premise of this article is by now (hopefully!) very clear – if you make a defamatory statement about another via

any means, you are likely to face legal consequences. But before we conclude (and because we here at STA are fair

and just lawyers) let us pay due consideration to a conflicting perspective – namely, what if a statement made has the

potential to risk the public reputation of another, yet is also true? Is our right to free expression quashed by a

wrong-doers’right to protection from a tainted public image? Several national constitutions across the globe strive to

protect the reputation of individuals, yet human rights instruments take great efforts to promote our right to free

speech – the issue at the heart of the debate therefore seems to be “how do we balance the two sets of provisions”?

Without taking our discussion in the direction of media “gagging orders”, which are increasingly prevalent in this era

of advanced media technology, several high-profile cases (such as that of former FIA president Max Mosley) appear

to be turning on one key fact – protecting a person’s reputation is not the same as protecting his privacy. In addition

to this the element of public interest has also been considered – does the story or statement in question consist of

something the public need to know? Precedent suggests that if the answer is “yes”, no breach of defamation or

privacy provisions will have occurred.

Court Uncourt 7

FOOD POISONING FAQ

Q1.

Is there a particular law in UAE that relates to food poisoning?Q2.

I am a visitor in Dubai and contracted food poisoning from eating at a restaurant. I underwent medical treatment which my travel insurance did not cover. I decided to make a complaint to the Municipality to investigate and determine that the restaurant’s food was responsible. I believe they also �ned the restaurant. My question is that I ended up spending a signi�cant sum of money out of my own pocket as my insurance did not cover the medical expenses. Can I claim this from the restaurant?

Q3.

It is essential that you seek medical advice which I am certain you did. Upon your recovery it is imperative that

you reach out to your medical practitioner and find out the reason for your ill health. It is important to

ascertain that you and your family’s ill health was a result of consuming contaminated food. Post the

confirmation, the individual should file a complaint against the restaurant before the Food Control

Department at the local municipality along with the doctor’s medical report, copy of restaurant receipts if

available and other documents necessary to support the claim. A medical opinion should be obtained for

matters where the health was significantly affected. The individual should also request the Food Control

Department to procure and forward sample of restaurant’s food to Food and Environment Laboratory Section

at the Dubai Central Laboratory or the laboratory in the Emirate he is living in.

A1.

In Abu Dhabi there is also Law number 2 of 2008 which regulates the food production and its handling in the

food chains across the Emirate. This Law also outlines penalties in the form of fines for non compliance. There

are multiple regulations issues by the authorities that ensure the hygienic handling of food.

In the Emirate of Dubai, there is a Food Control Department established by Dubai Municipality that oversees

all regulations and matters that are related to food control and all related aspects.

At the same time, the individual has rights under the UAE Civil Code and specifically Article 282 to 298 which

deal with “acts causing harm” and imposes strict liability on person causing the harm. Article 342 and 343 of

the UAE Penal Code apply to cases where the harmed individual/individuals have died from a violation of the

regulations.

The UAE Federal Law number 24 of 2006 on Consumer Protection and the Decision of the Council of Ministers

number 12 regarding the implementation of the above law was enacted to protect consumers from products,

production processes and services that may cause harm to health and safety of the people.

A2.

I went to a restaurant last week with my family. Post our meal, we su�ered from a terrible bout of food poisoning. Can you please advise me on what we can do? I want to ensure that no one else su�ers the way we did.


8 Court Uncourt

I went to the hospital after contracting a stomach bug. They treated me and a few days later I got a call from the Food Control Authority in Dubai to come and meet them. I am yet to go and meet them. Please advise why they have called me.

Q4.

When you went to the hospital, they must have inquired about the foods you had eaten over the past few

days. Medical institutions have a responsibility of conducting tests on any suspected cases of food poisoning.

If they establish that the food you ate at a restaurant was the reason for your stomach bug, it is their

responsibility to report this to the Food Control Authority at the Dubai Municipality. Dubai Municipality has

requested you to come in as it is possible that they have conducted an investigation at the restaurant. It is

advised that you go and meet with them to clarify the cause for your condition.

A4.

You took the correct steps in contacting the Dubai Municipality. To claim the monies for your medical

expenses from the restaurant, you will need to file a civil claim against the restaurant. In matters as such, it is

likely that the court will appoint an expert who will carry out a review and investigate the matter and then

turn over his/her findings to the court. Alternatively, you can attempt to reach out to the Dubai Municipality

and request them to supply you with their findings which resulted in the restaurant being fined. Either way,

the court will award you with compensation if it is established that the cause for your ill health was in fact the

food at the restaurant.

A3.

UAE Free Zone Guide


2014-2015

ParticularsJebel Ali FreeZone- Dubai

Dubai AirportFree Zone

Dubai Media City

DubaiInternet City

Dubai Gold &Diamond Park

Dubai HealthCare City

Dubai Multi Com-modities Centre

Sharjah AirportIntern'l Free Zone

Hamriya FreeZone -sharjah

AjmanFree Zone

Location

Ras Al KhaimahFree Zone

Contact

Infrastructure and Service Rating (1 -

5)

Nature of licences- investor

can obtain 1 or more licence

General trading

investors can import, distribute and store all items as per Jafza rules and regulations

FZCO - multiple shareholding


maximum of 50.

Branch of a foreign or UAE based

company

Incorporation of a Free Zone Limited Liability Company (FZCO-LLC) with

individuals as shareholders

FZCO

Dubai Airport Free Zone's Internal

rules and regulations apply

As per regulations of DMC

As per regulations of DIC Allowed Allowed Allowed Allowed Allowed Allowed

Branch of a foreign Company

Branch company of foreign as well as

local

FZCO - multiple shareholding. Max 5 shareholders. In certain cases may

extend to 7 shareholders

FZCO - 2 to 5 shareholders.

FZCO - multiple shareholders


Types of ownership

FZE FZEFZCO-LLC, FZE,

Freelancer

Branch of a foreign or UAE based

companyFZE FZE FZE FZE FZEFZCO-LLC

Limitied Liability Company

Not Allowed

Trading Trading

Service Service

Industrial Industrial

National Industrial National industrial

National Industrial (Application to be

made to Ministry of Economy)

Hotels & Property

Management

Hotels & Property

Management

Hotels & Property

Management

Mining, Transportation,

Financial intermediation and

several others

Industrial Industrial Industrial Industrial

Event Management

Service Providers (includes freelance

permits)

Service Providers

Telecommunications and Network

Office

Retail Service ProvidersHotels and Restaurants

EducationConstruction, Real

Estate and Business Services

Service ServiceService/

ProfessionalConsultancy and Service

Media & Marketing

Software, Internet and Multimedia Manufacturing Health care

Trading and repairing

Commercial (limited to 3

products)Commercial CommercialTrading

4.5 4.6 4.7 4.7 4.5 4.7 4.5 444 4.3

800-JAFZA +971 4 299 5555 +971 4 391 4555 +971 4 391 1111 +971 4 362 7777 +971 4 424 9600 +971 6 5178231 +971 6 5263333 +971 6 7011555 800 7111+971 4 324 5555Dubai Dubai Dubai Dubai DubaiDubai Dubai SharjahSharjah Ajman Ras Al Khaimah

Branch of a foreign

company

Branch of a foreign

company


corporate entity/entities as

shareholders


corporate entity/entities as

shareholders

Branch of a foreign

Company

Branch of a UAE Company

Subsidary company of foreign as well as

local

Branch of a foreign company




www.ama.aewww.uaelawblog.com10 Court Uncourt



Dubai Media City

DubaiInternet City



Dubai Multi Com-Modities Centre



AjmanFree Zone



An FZE registration requires AED

1,000,000 or USD 272,109.

Capital for FZCO license is AED

500,000 or USD 136,055

FZCO requires AED 1,000 or USD

273 per shareholder.

(Maximum limit is 50. Each share

should be in the denomination of

AED 1,000.

Over 140 different types of licenses

available to investors and

minimum capital requirement varies

accordingly.

Branch establishments have no formal

capital requirements

Capital requirement for each partner in

case of partnership is AED 50,000

Branch establish-ments have no

minimum capital requirements.

Different minimum issued share capital requirement can be changed for General

Trading, Business Centre leases,

Insurance Compa-nies, Hotel Licenses or any other activity which authority may

deem fit.

FZCO requires AED 150,000 ( min ) or

USD 40,817

FZCO requires AED 150,000 or

USD 40,817.

FZCO requires min capital of

AED 500,000 or USD 136,055

FZCO requires AED 100,000 or

USD 27,247

Capital for incorporating an

FZE is AED 1,000 or USD 273

Minimum capital required

"For LLC minimum paid up capital is

AED 50,000 or USD 13,606 except

Broadcasting TV segment and

Broadcasting Radio Segment where

minimum paid up capital is AED

2,500,000 orUSD 680,273"

New Incorporation of a FZ - LLC

requires to show a proof of minimum

capital of AED 50,000 or USD

13,606.

Capital required for Free Zone

Establishment / Company AED 100,000 (US$

27,397) for a sole Proprietorship and AED 50,000 (US$ 13,698) for each

partner in a partnership.

FZCO-LLCs incorporated in

Dubai Healthcare City are required

to have minimum paid up capital of

AED 50,000 for Commercial and AED 300,000 for

Clinical

"Minimum share capital of a

company is AED 50,000 or USD

13,606 per shareholder. "

FZE requires AED 150,000(min ) or

USD 40,817

FZE requires AED 150,000 or USD

40,817.

FZE requires min capital of AED

185,000 or USD 50,000.

FZE requires AED 100,000 or USD

27,247

Annual rent cost USD 14,629 for 26.88 sqm in 1

story building. The annual rent cost

from USD 517 - 681 per sqm in multi storey building.

Insurance for single floor building is USD 28 while for

others it is 1.10 per sqm.

Minimum space of 25 sqm is

necesssary to obtain a license

and four employee visas are granted

with every 50 sqm of rented office

space.

Investors have the option to lease

commercial offices, executive office, executive desk, furnished office, and retail units. Details made

available upon application.

Offices

Investors have the option to lease

commercial offices, executive office, executive desk, furnished office, and retail units. Details made

available upon application.

Investors have the option to lease office units on a

flexible lease option ranging

between 1 and 5 years. Spaces

range from 310 square feet upto

14,000 square feet. Units are provided on shell and core

or fully fitted offices options.

A company can sponsor one

employee per 80 sq. ft. of space

leased. Land sales and leasing options are

available in or next to the

current developed zones. Lease and

sale price vary based on size of office units/land

parcels and these details are made available upon

application.

Commercial properties available

for freehold purchase or lease. Minimum office requirement for

obtaining a trade license is 540 sq ft.

"1. from 21 sqm - AED 34,500 or USD

9,3882. from 24 sqm - AED 39,600 or USD

10,776 "

Size from 15 sqm to 42 sqm

"Annual Rent of old building is

USD 6,806 or AED 25,000. Area is 16 sqm. The rent is new building is

AED 1,500 per sq m"

Offices - USD 4,087 - 8,719 from 17 sqm to 45sqm

Branch of a local UAE company

Branch of a local UAE company


individuals as shareholders

Branch entity Branch entity Branch entity Branch entity Branch entityBranch of a local UAE Company

Branch of a local UAE Company



Refundable deposit

Office, warehouse and showroom -

10% of annual rent payable once

Security Deposit

"Depends on the activity. Entity

operating in Media Business centre

Executive office - USD 2,722 or AED

10,000"

Depends on the activity

15% of yearly unit rent is refundable security deposit.

Subject to application.

Visa DepositUSD 953 or AED

3500USD 953 or AED

3500 USD 1361 or

AED 5000 Visa Deposit



Dubai Media City

DubaiInternet City






AjmanFree Zone


Executive Suite - AED 12,000 per month includes manager desk, 4 workstations, 1 meeting table, furnitures and

cabinets, 5 car pass

Retail outlets (approximately

300 square feet) - USD 70 to USD 80 (AED 255 to AED

290); Pre-built manufacturing units available

(1000 square feet and above) for USD 360 (AED

1300), Showrooms (6500 square feet

and above) for USD 55 (AED 200 and above); and office units (750 square feet and

above) for USD 50 (AED 185) and

above

Virtual office (e-Package)

available for AED 13,000 per month.

Two Packages available for

investors. Package 1 priced at AED 25,000 covers

office rent for 10 sq m office, 1 year

license (commercial or

service license) fee, service charges, P O Box, telephone line charge and allottment of 4

resident visas (visa charges not

excluded). Package 2 priced at AED

35,000 covers all of Package 1 but

allows investors to carry out general trading activity.

Pakcages range from AED 21,950. Package includes

one license. General Trading License priced at

AED 27,150. E-commerce

license priced at AED 28,050.

Capital requirement for above packages

is set at AED 185,000

Other Packages - - - - -


Warehouse Units available in

different sizes varying between 313 Sqm to 1,110

sq m

Light Industrial Units admeasuring 350 sqm and land sites admeasuring

2500 sq m available

Land space available for

hotels, property management and

facilities management companies.

Details made available upon

application.

Land space available for hotels,

property management and

facilities management

companies. Details made available

upon application.

Investors have the option to lease manufacturing

units on a flexible lease option

ranging between 1 and 5 years. Spaces

range from 310 square feet upto

14,000 square feet. Units are provided on shell and core

or fully fitted offices options.

Does not apply. Investors have the option to

own and/or lease lands for

development of healthcare facilities.

DMCC Tradeflow is a dedicated online

platform for registering

possession and ownership of commodities

stored in UAE-based storage facilities. Please visit http://www.dmcc.ae/tradeflow to read

more

"Land admeasuring 2500 sqm (minimum

area)From AED 35 per sqm, USD

9.35/sqm (rent)AED 5 per sqm, USD

1.36/sqm building permit. Warehouse admeasuring 125

sq m for AED 63,000; 250 sq m at

AED 100,000 and 400 sqm at AED

120,000"

Prebuild warehouses

admeasuring 276 sq m, 416 sq m and 276 sq m available on a

twenty five year lease term

renewable for further term of 25 years. Lease rates can be fixed for

the first five years with a rent review at the end of this

period.

Warehouse rent for 100 sqm

warehouse is AED 350 per sq m and 500 sqm

warehouse is available at AED

300 per sq m

Different sizes between 1600 sq ft and 4500 sq ft. Standard size of 2200 sq ft with storage space,

office, toilet and pantry

Warehouses



Dubai Media City

DubaiInternet City






AjmanFree Zone


General Trading License - USD 8,164 or AED

30,000

"Others types of licenses offered-

Aviation - USD 4,082 or AED 15,000Real

Estate - USD 4,082 or AED 15,000Freight Forwarding - USD

2,313 or AED 8,500"

National Industrial License

- AED 9,100 or USD 2,477

- - - - - - -


Service License fee is USD 2,177

(Branch of UAE based company). Logistics license (Branch of UAE

based company)is USD 8,164 per

year.

Additional segments from other Business Unit(s) except Broadcasting,

Publishing and Manufacturing -

USD 2,722 or AED 10,000

Healthcare consultancy, Healthcare

Education, R&D, Academic/educati

on service, Outsourcing - AED 15,000 or

USD 4,090

Service = USD 2,041 or AED 7,500

Service license - AED 2,750 or USD

749

Industrial License - AED 9,100 or

USD 2,477

Consultancy/ Service - USD 2,041 or AED

7,500

- - - -

Industrial License between USD 1497

(7 poducts) and USD 2449 (12

products)

Industrial - USD 2722 or AED 10000

Additional segments within Business Unit -

USD 2722 or AED 10000

Healthcare Support - AED 15,000 or USD

4,090

Industrial = USD 2041 or AED 7500

Industrial license - AED 2750 or USD

749

Service License - AED 6500 or USD

1769

Industrial - USD 1361 or AED 5000

- - -

Licence fees per annum

Trading license (7 Products) - USD

1,497 or AED 5,500

Trade - USD 2,722 or AED

10,000

As per the activity

As per the activity

Clinical - Inpatient - Upto 5

specialities - AED 15,000 or USD

4,090

Trading license fee is approxi-

mately USD 4,090 or AED 15,000

General Trading = USD 4,082 or AED

15,000

Commercial license (5 items) = AED 2,750 or USD

749

General trading licence - AED 9,100 or USD

2,477

General Trading - USD 4,082 or AED

15,000

AED 5,500 or USD 1,497

Trading license (12 Products) -USD

2,449 or AED 9,000

Services - USD 2,722 or AED

10,000

Freelancer (upto 3 activity) - USD

2,041 or AED 7,500

Upto 5 activities within the segment - USD 4,082 or AED

15,000

License Fee for Free Zone

Establishment / Company costs AED 5,500 (US$

1,506)

Clinical - Outpatient - Upto

5 Specialities - AED 15,000 or

USD 4,090

Commercial = USD 2,041 or AED

7,500

General Trading License (more

than 5 items) = AED 12,000 or

USD 3,266

"trading - 1 activity - AED 3,900 or USD

1,0622 activity - AED 5,200 or USD

1,4153 activity - AED 6,500 or USD

1,769"

Commercial - USD 994 or AED 3,650

-

Freelancer using "Hot Desk" facility of media business centre - USD 1,361

or AED 5,000

15% of yearly rent for fit out deposit

which is also refundable.

- - - - - - - -

Registration of FZE

"USD 2,722 or AED 10,0001. Along

with MoA and AoA attestation of 3

copies each - USD 55 each copy2.

Specimen signature - USD 14 per person3. Board

Resolution - USD 55 per person "

USD 2,725 or AED 10,000

AED 10,000 or USD 2,725

Not Applicable Not ApplicableDepends on the

activityUSD 2,722 or AED

10,000AED 9,000 or

USD 2,449AED 100 or USD

28USD 1,905 or

AED 7,000

License Fee for Free Zone Establishment

/ Company costs AED 5,500 (US$

1,506)



Dubai Media City

DubaiInternet City






AjmanFree Zone



Sales in UAE

Sales can be carried out

through an agent or distributor only

at 4% custom duty. Free sales in UAE not allowed.




Dubai Media City offers licenses for entties engaged

in services, broadcasting,

hotels and leisure.

Dubai Internet City offers licenses for Software, Internet and Multimedia, Telecommunica-tion and Network

and IT services.

Dubai Gold & Diamond Park is a

part of JAFZA.

Dubai Health Care City offers

licenses for health care

services, consultancy,

regional head quarters, hotels

and leisure services and

property management

services.

Free Zone Company can do business in UAE through an LLC incorporated in mainland with import/export

license.

Sales can be carried out through

an agent or distributor only at 4% custom duty. Free sales in UAE

not allowed.

Sales can be carried out through

an agent or distributor only at 4% custom duty. Free sales in UAE

not allowed.


through an agent or distributor

only at 4% custom duty.

Free sales in UAE not allowed.




Type of port Sea port Air port Within Dubai Within Dubai Within Dubai Within Dubai Within Dubai Sharjah Airport Sea Port Sea Port Airport and Seaport

Distance from Dubai airport - by

car40 minutes 10 minutes 30 minutes 30 minutes 20 minutes 10 minutes 25 minutes 50 minutes 40 minutes 45 minutes 2 hours

Registration of FZCO

"USD 4,082 or AED 15,0001. Along with

MoA and AoA attestation of 3

copies each - USD 55 each copy2.

Specimen signature - USD 14 per

person3. Board Resolution - USD 55

per person"

USD 4,082 or AED 15,000

AED 3,500 or USD 953

AED 3,500 or USD 953

FZCO - AED 20,500 or USD

5,600

FZLLC - AED 3,500 or USD 953

Depends on the activity

USD 2,722 or AED 10,000

AED 9,000 or USD 2,449

AED 100 or USD 28

USD 1,905 or AED 7,000

Please visit the publications page at our website www.ama.ae and access our DIFC information pack which provides a detailed overview on operating within the DIFC.

Individual applicants.

Branch of Foreign Companies:

Free Zone Companies:

DIFC Incorporation

1. Application form of Respective Free Zone & Proof of Trade Name & Reservation.

2. Passport copy and or Emirates Id copy of proposed shareholders [in some cases,

CVs of Shareholders may be requested.

3. Passport copy and or E. ID copy of proposed Manager.

4. Business Plan – to include brief summary, financial projections, Background of Shareholders & Manager

5. No objection Certificate from sponsor [if Manager is already sponsored by Employer or Husband.

6. Power of Attorney in favour of Manager or representative who will handle formation process.

7. Specimen signature on Free Zone’s Authorization Card








7. Certificate of Registration for Parent Company. To be notarized/Legalized before UAE

Embassy in the Country where parent entity is duly constituted.

8. Memorandum / Articles of Association of Parent company [Notarized/Attested]

9. Specimen Signature on form.








7. Board Resolution of Corporate person calling for Establishment of Free Zone Company or Free Zone LLC

8. Proof of Capital from Bank operating within UAE [Does not apply in all Free Zones]

9. Specimen Signature

15 Court Uncourt

General Documentation required forFree zone Incorporation.


Abu Dhabi O�ce

Advocates and Legal Consultants23 A, Level 23 Tamouh TowersMarina Square, Reem Island Abu Dhabi, United Arab Emirates

Tel: +971 2 644 4330 Fax +971 2 644 4919Email: [email protected]

Bahrain

Advocates and Legal ConsultantsLevel 22, West TowerBahrain Financial HarbourKing Faisal HighwayManamaKingdom of BahrainTel: +973 1750 3045E mail: [email protected]

Qatar

Level 22, Tornado TowerWest Bay, DohaQatarPO Box – 27774

Tel: +974 44294827E mail: [email protected]

Dubai O�ce

Advocates and Legal Consultants Office 1904, Level 19, Boulevard Plaza, Opposite Burj Khalifa Dubai, United Arab Emirates


Sharjah O�ce

48-1F, Next to Abu Dhabi Islamic BankNear Hamriyah Free Zone Headquarters, HamriyahSharjah, United Arab Emirates

Tel: +971 6 526 4110Fax: +971 6 526 4027Email: [email protected]

For a free subscription request, you can e-mail us at:[email protected] your name and address.Visit our blog: https://uaelawblog.comISBN 978 - 9948 - 22 - 445 - 7

Court Uncourt 17


DIVORCE : AN OVERVIEW

Inowadays we can no longer use such factors to predict the identity of

the protagonists sat around the dinner table in any given family home.

Regardless of location or culture there is a likely prospect that a

residential unit may include a step-parent, siblings of different

parentage, grandparents, cousins or a group of friends simply sharing

a tenancy. This change may be attributed to a variety of factors, but it

is undeniable that the increase in the number of divorces worldwide

plays a part. In some areas (such as Las Vegas, where one can

instantaneously marry for $60 and divorce for $109) the institution of

marriage has never been afforded the respect it deserves, but the

fact of the matter is that regardless of culture, religion, social

practice, custom and timely values, divorce is a common and

accepted reality of our era.

The United Arab Emirates (UAE) is no exception, yet the nation is

somewhat unusual in the sense that it houses a disproportionately

large expatriate population. It therefore follows that the courts of

the UAE see a large number of matters pertaining to foreign family

issues. Consequently, when dealing with cases such as divorce,

the courts are accustomed to hearing a plethora of beliefs,

attitudes and expectations. Any person residing in a given

jurisdiction will be bound by the governing law therein, and as

such a thorough understanding of the UAE’s marital and family

laws, procedures and consequences is necessary for anyone

considering the termination of their marriage through the nation’s courts. However the UAE law also allows foreign

nationals to divorce under the law of their homeland. This article is therefore designed to provide a comprehensive

outline of the options available to those considering divorce, and to additionally consider various family rights with

which we may be unfamiliar.

Divorce under the UAE law is primarily dealt by Federal Law Number 28 of 2005 (the Personal Status Law - PSL).

Certain provisions of Federal Law No.5 of 1985 (the Civil Code) also deliberate the issue. Originally under Shari’ah law

six types of divorce were recognized, but modern family legislation recognizes only the following three types of

divorce:

n the present day and age we can all agree that there is no

such thing as a typical family tableaux. Although time, culture

and location have always flavoured the “traditional” concept,

A. Talaq - Divorce by husbandIn talaq there are four stages including initiation, reconciliation, completion and the aftermath. The initiation

stage commences immediately on the husband pronouncing the phrase “I divorce you”. For the divorce to be

official, three months have to elapse (without intercourse between the couple). This is known as the

reconciliation stage whereby the couple have the opportunity to reconcile and, if they do not they may attend

court. The completion phase begins thereafter - the wife becomes “non-mahram” to the husband and the pair

must observe hijab rules. The aftermath is the final stage, which includes the husband caring for and supporting

any children born of the union.

18 Court Uncourt

B. Khula- Redemptive divorce or divorce by mutual agreement

Tafriq is a form of divorce in which the court intervenes. There are five grounds for valid tafriq applications: physical

or emotional injury, irreconciliable differences, discovery after marriage that the husband has an incurable

physical defect (i.e. impotence), failure to pay maintenance to the wife, or imprisonment or absence without

reason by the husband for over one year.

The law also lays down certain provisions whereby both spouses may ask for separation if this has been mutually

agreed. We have already established that expatriates and non-muslims seeking divorce have the option to opt for

divorce under the applied law of their homeland whilst remaining in the UAE – but how does this work in practice?

The initial step is to approach the Moral and Family Guidance Section at the court. This will result in a “counselling

session” involving a counsellor and both the husband and wife. The session shall be focused on discussing whether or

not reconciliation will be possible, and after the meeting the counsellor will report to the Judge. It is important to

note that the judge must be absolutely convinced that the marriage is irreparable in order to further divorce

proceedings. Further to the session the couple will be offered a three-month period to reconsider their decision, and

if they insist on proceeding thereafter their papers will be forwarded to the court. It is inevitably simpler if the divorce

is uncontested with a mutual agreement already in place between the husband and the wife, thus negating the need

for the court to impose a settlement arrangement.

If no prejudice is proved but disagreement continues between the spouses without the family guidance committee

or the judge being able to propose a resolution, the judge shall appoint two arbitrators (from their respective families

if possible) by no later than the following session. When appointing the arbitrators the judge shall also issue a timeline

which shall not exceed 90 days, and shall lay out the date by which the task must be completed. This period may later

be extended by a court decision. The two arbitrators shall investigate the causes of dissension and exert their efforts

to conciliate the spouses. The arbitrators shall submit a report to the judge and the judge may, if he so desires, base

his judgment on the arbitrators' decision. However it is highly likely that if the arbitrators have failed to conciliate the

spouses, the divorce shall be granted. It is therefore evident that regardless of the legislative system applied, the

emphasis of divorce proceedings in the UAE is on the encouragement of reconciliation.

In Khula the wife has the right to seek a divorce from her husband through the mutual consent of the husband or

a judicial decree. It involves a woman paying her husband to gain his permission to allow her out of the marriage.

Payment can be monetary or through some service provided to him. Her family might return his dowry - the

goods or payment they received in exchange for their daughter as his wife. If he accepts, the divorce can move on

to court for the tafriq process as defined below.

C. Tafriq - Divorce by judicial order

The UAE law additionally contains provisions to ensure that a wife retains entitlement to financial support from her

husband if she is/was lawfully married to him. It shall not matter if she is from a different religion or is technically

financially independent. The maintenance amount is calculated in accordance with the husband’s financial stability

and status. If the husband divorces his wife at his exclusive wish, she shall be entitled to enjoyment maintenance plus

1 Article 148 of the Federal Law No. 28 of the year 2005 2 Article 142 of the Federal Law No. 28 of the year 2005 3 Article 143 of the Federal Law No. 28 of the year 20054 Article 156 of the Federal Law No. 28 of the year 20055 Article 144 of the Federal Law No. 28 of the year 2005

Whether contested or agreed by mutual consent, matters such as divorce and child custody are universally

acknowledged as being delicate issues. Indeed, the Holmes and Rahe “Stress Scale” specifies divorce as being one of

the most stressful life events a person can go through. It is therefore essential that the practical steps are handled in

an efficient, sensitive and case-appropriate manner in order to ensure a smooth and effective resolution for all parties

involved. STA welcomes all enquiries pertaining to family matters, and ensures to afford every enquiry the respect and

sensitivity that each family deserves.

With regards to women the guidelines stipulate that she should not be remarried and must have the same religion

as that of the child - unless the court rules otherwise in the best interests of the child, on a condition that custody

period shall not exceed 5 years, whether the child is male or female. Occasionally, the mother is granted custody of

children up to a certain age, whereas the father is always considered the guardian. The mother may be awarded

custody of girls under the age of 13 and boys under the age of 11. 4Later, when the child is of the requisite age, the

custody of the child may be transferred to the father should he so desire. However if the court rules the mother to be

incompetent, custody of a child (regardless of age) can be given to the father or to the child's grandmother on the

father’s side.

Any discussion on the subject of divorce will inevitably combine a collection of contrasting views and opinions. And

in the midst of the debate, it is possible that crucial connected issues, such as child custody, maintenance and the

assigning of assets may fall by the wayside. A parental dispute in relation to custody and maintenance of the child is

likely to be covered under the PSL. The basic principle underlying the laws on the guardianship of a child is based on

the question “what is the child’s best interest?” – a concept commonly known in law as the Welfare Principle.

the waiting period maintenance depending on the husband's condition and subject to a maximum of the

maintenance of her equals. The judge may allow the payment in installments depending on the husband's financial

capacity, however he shall also consider the way in which any payment schedule would impact the wife.

Under UAE law a father is regarded as the natural guardian of a child. A distinction is made between a “custodian” and

“guardian”– a guardian is bound by the duties of financially maintaining a child and making any decision with regards

to his or her education and upbringing. 1A custodian, as the word suggests, has the actual custody of the child and is

obliged to raise him or her whilst ensuring all day to day needs are met2.

In deciding on such matters the courts of the UAE will primarily consider the age of the child and the mental state of

the parents. The law nonetheless lays down certain conditions to be fulfilled by either of the spouses in order to be

granted child custody. The law requires the person to be a mature adult of sound mind, honest, capable of raising,

caring for and attending to the child, free of serious infectious disease, and free from criminal convictions. 3Further,

there are additional guidelines to be satisfied according to gender of the person seeking custody.

As for men, the law requires that the household must encompass a woman (such as a grandmother or aunt) fit to be

custodian of the child, to be “Muhrem” if the child is female. This woman must be of the same religion as the child5.

Even in cases whereby two parents are married to each other, in the event of death of the husband the custody of the

child becomes a subject of concern. Following the death, the child shall be taken into institutional care until the court

hears the matter and (most likely) passes guardianship to the mother. In order to avoid the removal of the child from

the mother’s care in such situations the assigning of an interim guardian is crucial. Therefore it is vital that a father

includes in his will (or in a separate, endorsed and legally-binding document) an interim child custody agreement,

affirming that the child shall be under the guardianship of the surviving parent or any other family member

nominated in the agreement until the formal guardianship order is passed by the court.

Court Uncourt 19

20 Court Uncourt

s I turned on the radio and drove to the office this morning the first news item I heard was about the 1% dip

in rentals in Dubai this quarter. It is therefore ironic that the first call I received when I arrived in office was

from a tenant desperately asking for help having receiving his landlord’s notice informing that the renewal

of his tenancy contract would be subject to a rent increase of 67%..

In a country wherein expats make up 90% of the population one of the areas that naturally assisted growth and

development was the real estate sector. And whereas investment and acquisition of property are an option for part of

the population, most of the expats have no option but to lease their home.

In recent years the return of growth and economic development has turned the real estate sector into one of the

main engines of the economy. However the growth and development of a sector does not always mean

improvements in the quality of life of the inhabitants of a country. On the contrary it has been proven to lead to a

period of unprecedented inflation in residential rent, with thousands of tenants moving to smaller apartments or

even to other Emirates in order to afford accomodation.

Accordingly, many Dubai residents, despite working in the Emirate, had to reconsider their finances and find cheaper

housing alternatives.. Thus, for those thousands of expats who decided to move out of Dubai, Sharjah became a

desirable and affordable solution.

Therefore, the question is - from a legal point of view and in a short or medium term – is it worth the change?Is Sharjah

the housing paradise where rents cannot be increased within the first three years of tenancy that it is made out to be,

or there is something else that we should know before making the move and regretting it forever?

Sharjah’s cheap rates are the token, and many families choose to change their residence only because of the

appealing prices practiced in Sharjah. There it is possible to rent a 2 bedroomed apartment for the same price as a

studio in Dubai. However, many families are unaware of the tenancy laws in Sharjah and the dream may suddenly

become a nightmare. This article aims to demystify Sharjah’s tenancy law secrets, and help you to decide whether it is

worth the move.

It is true that during the first three years all tenants benefit from a so-called "protection period" in which the rent

cannot be increased. As per Sharjah's 2007 law, the landlords can increase the rents after three years from the

commencement of the tenancy contract, and there is no cap imposed upon that increase. Following this first

increase the rent can be increased every two years thereafter.

To change or not to change?“Dubai rents have started to fall for the first time in three years”1

Sharjah Rental Law

http://www.thenational.ae/business/property/rents-fall-in-dubai-for-first-time-in-three-years#ixzz3Dy7lEX2i

A

Court Uncourt 21

The lack of a cap can be taken by some landlords as a green light to unreasonably hike the rent. Actually as

most tenants are unaware of their rights it is not uncommon for landlords to increase the rent by more than

70%, forcing the tenants to agree and pay through illegal means such as threatening them with eviction or

simply disconnecting water and electricity supply.

For most tenants the protection period of 3 years upon the commencement of the tenancy contract is also

unknown. Accordingly, landlords exploit their tenants’ ignorance of the law and increase the rents yearly,

randomly and arbitrarily.

Despite persistent calls from tenants for the imposition of a rental cap , which would arguably be the only

suitable protection for Sharjah’s tenants, the authorities continue to defend the current position. If the

landlord tries to abuse position, either by increasing the rent within three years of the commencement of

the agreement, or increase it by an unreasonable amount, the tenants are welcome to lodge a complaint

before the police (when compelled to accept it by illegal means) or approach the Rent Dispute Committee

(RDC) and file a complaint based on the “similarity law”. The RDC encourages the landlord to increase the

rent in keeping with the prevailing rent rates applicable in that area and having in mind the place, the status

of the building and its maintenance, the level of services available, its age and the existence of parking

spaces, gardens, swimming pool or gym.However approaching the RDC involves costs. Even though it is

alleged that the tenant can simply visit the RDC and submit the available form or submit his own memoran-

dum, experience tells me that the appointment of a lawyer is a key factor in winning case.

Even if rents are starting to dip in Dubai, Sharjah’s prices are still undeniably much more affordable. And even

though the lack of rental caps has already been demonstrated to be an issue requiring the urgent attention

of the authorities, raising awareness of the applicable law and encouraging tenants to consult a lawyer

immediately after receiving any controversial notices from the landlord may be beneficial to the disgruntled

residents of Sharjah.

22 Court Uncourt

CROSS-BORDER CRIME AND EXTRADITION (PART I)

hey say that crime doesn’t pay. But whether it pays or not it certainly sells, at least with Hollywood movies,

computer games, fictitious novels all reaping the benefits of the public’s general fascination with the subject.

Generally, the term “crime” may cover anything from a road traffic offence to a mass murder. Yet countries

As any industry is a continuously fluctuating, changing concept, the law must constantly and correspondingly evolve

in order to remain effective. However it isn’t just the evolution of crimes themselves that renders new legislation

necessary – the vast improvement in international transportation is such that a person could theoretically now

commit a crime on one side of the globe in the morning but be safely on the other side of the world by supper time.

This concept is prevalent in the media, with the faces of accused such as Shrien Dewani, Julian Assange and Amanda

Knox fronting our screens almost daily. The internationalization of crime has therefore forced domestic criminal law

in several jurisdictions to rely on international co-operation.

International crime may be categorized under four broad headings, namely money laundering and financial crime,

drug trafficking, heinous crimes and the war against terror. Offenders operating in any one or more of these areas

have the potential to exercise great influence on authorities, states and society in general through open or hidden

channels. Therefore ensuring that such characters are appropriately investigated, tried and thereafter dealt with is not

merely the responsibility of the country where the crime may have occurred, but is a concern on global level. Such

cooperation will in turn assist in upholding national security, and further ensure that domestic peace is maintained

and bilateral trade and commerce is not subject to crime, corruption and unlawful control.

So what effects does this international co-operation have in practice? If an offender has committed a crime in country

ABC but is now in country JKL, country JKL will presumably have no jurisdiction to try him. Is country JKL under any

obligation to deliver him into the custody of country ABC? Or is he entitled to any protection afforded by country JKL?

How do governments expedite any hand-over of suspects? Additionally what if the crime takes place across multiple

jurisdictions, or an in area in which the governing law is difficult to determine? In what circumstances may jurisdiction

be afforded to an international tribunal?

across the world regularly increase the range of offences to regulate and maintain public order in keeping with

developments in society. For example, advancements in the fields of technology and finance have tempted

criminals to resort to newer forms of crimes, and adopt alternate forms of currencies such as bitcoins.

T

Court Uncourt 23

“Extradition” in its broadest context means and results from cooperation between one or more nations and arising

from a formal request by one state (generally, pursuant to a treaty or a special request) to surrender a person accused

and/or convicted of a crime necessitating extradition/investigation. This general definition is largely understood and

encompasses the basic principle, but evidently an extradition process is much more complex. As such a far more

specific understanding is necessary in order to effectively achieve the desired objective to the mutual satisfaction of

all states involved. The problem here is that no universally-acknowledged specification of “extradition” exists. Whereas

the law of the USA considers extradition to be the request for handing over a suspect (by a state with the competency

– not necessarily the intention – to follow through with the consequential punishment of the suspect on conviction),

alternative schools of thought consider extradition as being handing over the physical custody of the suspect and/or

his eventual prosecution. The mechanics of extradition are therefore far more complex and governed by individual

treaties or special case-by-case arrangements between nations.

The United Nations General Assembly vide its resolution dated 14 December 1990 urged its member states to

strengthen international co-operation in criminal justice. To this effect, the United Nations issued the Model Treaty on

Extradition which is consistent with principle 37 of its ‘Guiding Principles for Crime Prevention and Criminal Justice in

the Context of Development and a New International Economic Order’. The Model Treaty serves as a guide and

further places an obligation on member states to extradite ‘any person who is wanted in the requesting State for

prosecution for an extraditable offence or for the imposition or enforcement of a sentence in respect of such an

offence’. This obligation to extradite however exists only between two or more member states and in absence of the

treaty, no such requirement would apply.

International criminal law is, it seems, a vast and complex subject. This series of articles will guide you through some

basic principles in order to answer the aforementioned questions. Not only will we examine international principles

and treaties currently in place to govern such situations, but we shall also explore the domestic legislation which

often causes cases to take on an international dimension and necessitates these processes. In the next article, we will

discuss one of the four main areas of international crime – namely, money laundering and Issue 7 will address specific

terms of international treaties.


Abu Dhabi O�ce

Advocates and Legal Consultants23 A, Level 23 Tamouh TowersMarina Square, Reem Island Abu Dhabi, United Arab Emirates


Bahrain

Advocates and Legal ConsultantsLevel 22, West TowerBahrain Financial HarbourKing Faisal HighwayManamaKingdom of BahrainTel: +973 1750 3045E mail: [email protected]

Qatar

Level 22, Tornado TowerWest Bay, DohaQatarPO Box – 27774

Tel: +974 44294827E mail: [email protected]

Dubai O�ce

Advocates and Legal Consultants Office 1904, Level 19, Boulevard Plaza, Opposite Burj Khalifa Dubai, United Arab Emirates


Sharjah O�ce

48-1F, Next to Abu Dhabi Islamic BankNear Hamriyah Free Zone Headquarters, HamriyahSharjah, United Arab Emirates

Tel: +971 6 526 4110Fax: +971 6 526 4027Email: [email protected]

For a free subscription request, you can e-mail us at:[email protected] your name and address.Visit our blog: https://uaelawblog.comISBN 978 - 9948 - 22 - 445 - 7

Documents

Court Uncourt (Issue VI)