Introduction:
In June 2024, the UAE introduced Cabinet Decision No. 43/2024 to provide a comprehensive legal environment for dealing with non-resident foreigners entering the country through its land, sea, or airports who were found in possession of narcotic drugs or psychotropic substances. This latest law is essential for UAE drug control, along with the Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances. In this article, we are discussing the recent developments of the law, penalties, and how the new law impacts non-resident foreigners.
Scope of the law:
Under the Cabinet Decision, non-resident foreigners who are caught with the possession of narcotic drugs or psychotropic substances while entering the UAE for personal use or benefit for someone, subject to the quantities outlined in the attached table, shall be punished as per the qualities and number of offenses he committed. If the non-resident foreigners are caught with the exceeding amount or qualities prescribed under the UAE drug law, offenders will face full penalties as outlined in Federal Decree-Law No. 30/2021. Notably, if various drugs are found but their combined weight does not exceed 100 grams, the substances will be treated as a single item when determining penalties.
When a non-resident foreigner is found with any prohibited narcotics, the enforcement agency may follow these steps:
- A comprehensive report should be submitted, including the type and weight of drug seized along with the circumstances leading to arrest.
- The personal details of the arrested person need to register in the UAE’s unified criminal system.
- Substances should be seized and destroyed according to Federal Decree Law No. 30/2021.
- The arrested person, along with the seizure report, is referred to the public prosecution for further legal action.
Penalties for Offenders:
Under Cabinet Decision No. 43/2024, penalties may vary depending on the repeated offender as well as the intensity of the offense committed.
- A first-time offender found with drugs substances for personal use and may be fined between AED 5,000 and AED 20,000, including the imposing of the restriction to enter the UAE until he cleared the fine.
- A second-time offender may face a penalty ranging from AED 10 000 to 30 000, including deportation for 3 years starting right after expatriation day. Furthermore, imposing the restriction to enter the UAE until he cleared the fine.
- Third-time offenders may pay fines ranging between AED 50 000 and AED 100 000, including the permanent deportation, permanent restriction, or travel banned for entering the UAE.
The foreigner, who even for the first time as an offender being caught with the higher quantities of substances as outlined under clause (4) of the additional table in the Cabinet Decision, may be fined between AED 50,000 and AED 100,000 along with deportation and a permanent entry ban to the UAE.
Inclusion in the Permanent Entry Ban List:
Orders may be issued by the competent public prosecutor directing that offender's name to be included in the list of persons banned from entering the UAE permanently. Further, with the immediate effect after the deportation of the offender, the name should be published under both the Unified Criminal System and the Administrative List of the Federal Authority for Identity, Citizenship, Customs, and Port Security.
Exemption Requests:
Individuals who are under entry ban to the UAE by way of deportation due to the non-payment of fines may apply for an exception request from the judgment by submitting the request either personally or through their attorney; however, such a request may be considered only after the complete payment of the prescribed fine, and these requests may be considered according to the existing UAE legislation.
Conclusion:
The new cabinet law provides a comprehensive outline in regards to non-resident foreigners and how the offenders will be prosecuted based on the number of crimes and quality of the substance, which are mentioned under the new cabinet law. Therefore, non-resident foreigners are advised to know about themselves with these new regulations to avoid facing serious legal consequences upon entering the UAE.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE criminal law matters, including drug-related allegations and the legal questions arising in narcotics matters. For readers researching a drug case lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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