| Laws and Treaties
Combating Human Trafficking Crimes
UAE Federal Law No. 51, 2006
Combating Human Trafficking Crimes
Khalifa bin Zayed Al Nahyan, President of United Arab Emirates, After perusal of the Constitution and UAE Federal Law No. 1 of 1972 concerning responsibilities of ministries and authorities of ministers, as amended,
According to the submission made by Minister of Justice, the approval of the Cabinet and the sanction of the Federation’s Supreme Council
- Federal Law No. 6 of 1973 regulating the entry and residence of expatriates,
- Federal Law No. 8 of 1980 regulating labor relations, as amended,
- Criminal Code issued according to UAE Federal Law No. 3 of 1987, as amended,
- Criminal Procedures Law issued according to UAE Federal Law No. 35 of 1992, as amended,
- UAE Federal Law No. 15 of 2005 regulating participation in camel races,
Have promulgated the following law
The following terms and phrases shall be defined according to the meanings appearing alongside them, unless otherwise required by the context:
Human trafficking: recruiting, transporting, moving or receiving persons by means of threat or use of force or by any other means of coercion, kidnap, fraud, deceit, abuse of power, exploiting a condition of weakness, offering or receiving money or advantages to secure consent of a person who is in control of another person, for the purpose of exploitation.
Exploitation includes all forms of sexual abuse, involuntary servitude, mistreatment, coercion and abuse of work force, as well as illegal trading in human organs.
Organized criminal gang: a group consisting of three or more persons conducting an organized act with the purpose of committing any of the human trafficking crimes in order to directly or indirectly gain a financial or any other material benefit
Transnational Crime: A crime shall have a transnational character if:
- It is committed in more than one country.
- It is committed in one country but was plotted, planned, directed and supervised in another country.
- It is committed in one country but by an organized criminal gang conducting criminal activities in more than one country.
- It is committed in one country but its implications extend to another country.
Child: Any person who is less than 18 years old.
Human Trafficking Crimes & Penalties
Human Trafficking Crimes & Penalties
Any person who commits any of the human trafficking crimes provided for in Article 1 herein shall be punished by temporary imprisonment for a term of not less than five years.
Penalty shall be life imprisonment if:
- The perpetrator of the crime has initiated, formed, organized, run or led an organized criminal gang or enticed others to join it.
- The victim is a woman or a handicapped child.
- The perpetrator has committed an act by fraud, accompanied by use of force, threat to kill, to inflict grave harm or to use physical or mental torture.
- The act is committed by two or more persons or by an armed person.
- The perpetrator is a member of an organized gang or has knowingly taken part in its acts after being aware of its purposes.
- The perpetrator is the spouse, parent offspring or guardian of the victim or had control over the act.
- The perpetrator is a civil servant or is commissioned with a public office.
- The crime has a transnational nature.
Any person who is aware of a plot to commit any of the crimes provided for herein and fails to inform the competent authorities shall be punished by imprisonment for a period of not less than one year and not more than five years and a fine not less than five thousand dirhams and not more than twenty thousand dirhams, or both penalties.
This penalty can be waived if the person who failed to inform the authorities is the perpetrator’s spouse, parent, offspring or sibling.
Any person who uses force, exercises threat, offers or promises any kind of reward or advantage to intimidate another person to make purgery, withhold any information or give false information before any judicial authorities in proceedings involving any of the crimes provided for herein shall be incarcerated for a term of not less than five years.
Any person who acquires, conceals or disposes things gained as a result of any of the crimes provided for herein, hides one or more persons who have collaborated with him, knowing their intention to evade justice, or helps in a crime cover-up shall be punished by temporary imprisonment.
Any person who assaults, resists or threatens to use force against any of the law enforcement officers whether during, or as a result of, performing their duties shall be punished by temporary imprisonment for a term of not less than five years.
A legal entity shall be punished by a fine of not less than one hundred thousand dirhams, and not more than one million dirhams if its representatives, directors or agents commit, in its name or for its account, one of the human trafficking crimes, and that is without prejudice to the responsibility of its dependent natural person. In addition to that penalty, a court may order dissolution, temporary or total closure of the corporate person or closure of one of its branches.
- Any person who attempts to commit one of the crimes provided for herein shall be punished with the full penalty prescribed.
- Any person who collaborates in committing one of the crimes provided for in Articles 2, 4, 5 and 6 herein as a direct participant or accomplice, who knowingly collaborates in arranging transportation or accommodation of persons who are victims of one of the human trafficking crimes, or who holds their personal documents to coerce them shall be considered a principal perpetrator of such crimes.
Without prejudice to good faith of third parties’ rights, in all cases, the funds, channels or means used in committing any of the crimes provided for herein shall be confiscated.
Crimes described herein shall be subject to penalties stated herein, without prejudice to any more severe penalty provided for by any other law.
Any prospective perpetrator who proceeds to inform judicial or administrative authorities of anything he knows about a pending crime before it is committed, as a result of which the crime is discovered in advance, or its perpetrators are arrested or prevented from committing the crime, shall be exempted from the penalties.
If anyone informs the authorities after the crime has been committed, such a person may be exempted from penalty, or penalty may be reduced if the perpetrator enables the competent authorities during investigations to apprehend the other perpetrators.
National Human Trafficking Committee
National Human Trafficking Control Committee
A committee shall be hereby formed and called the National Human Trafficking Traffic Control Committee according to a decision issued by the Cabinet which shall determine its chairmanship and shall include one or more members representing the following authorities:
- Ministry of Foreign Affairs
- Ministry of Interior
- Ministry of Justice
- Ministry of Labour
- Ministry of Social Affairs
- Ministry of Health
- State Security Authority
- Red Crescent Society
- Any other authority as decided by Cabinet
The committee described in Article 12 herein shall be tasked with:
- Studying and updating legislations which regulate matters involving human trafficking in order to ensure the necessary protection for them according to international requirements.
- Preparing reports about measures taken by the State to control human trafficking in coordination with the competent authorities in the country.
- Studying reports involving human trafficking and take the relevant necessary measures.
- Coordinating between the State’s different authorities such as ministries, departments, corporations and establishments in relation to control of human trafficking, and monitor actions taken in this regard.
- Raising awareness about matters involving human trafficking by organizing conferences, seminars, publications, training and by other means in accomplishment of the Committee’s objects.
- Participating, with related parties in the UAE, in international conferences and forums involving control of human trafficking and communicating the UAE’s point of view through these international forums.
- Conducting any duties commissioned to the Committee in this regard.
General and Final Provisions
General & Final Provisions
The competent authorities shall undertake to implement this Law, maintaining the confidentiality of information obtained in the execution of its provisions, and shall not disclose this confidentiality except to the extent necessary.
Any provision which contradicts or is inconsistent with the provisions of this Law shall be repealed.
This Law shall be published in the Official Gazette and shall be effective one month after the date of its publication.
Khalifa Bin Zayed Al Nahyan
President of United Arab Emirates
Promulgated at the Presidential Palace, Abu Dhabi, on 18th Shawal 1427, corresponding to 9th November 2006.
Note: This certificate has been translated at the request of the client, and shall be used for company purposes only, and not for certification by the Ministry of Justice, United Arab Emirates