The stability, safety, and security of enterprises and society at large are threatened by significant criminal activities like money laundering and terrorism funding. To stabilize people’s, businesses’, and other associated parties’ financial systems, the UAE government passed anti-money laundering legislation.

The Financial Action Task Force (FATF) AML Law was put into place to improve the UAE’s capacity for identifying and fighting financial crimes. In this article, you learn about the most recent anti-money laundering rules and sanctions in Dubai, UAE.

Federal Laws for Money Laundering Activities & Terrorist Financing

The Federal Decretal-Law No. (20) of 2018 on AML, CFT, and Illegal Organizations specifies the conditions under which the anti-money laundering regulations in the UAE are applied.

Clause (1) of Article 2 of the law states that anybody who deliberately engages in any of the following actions while possessing knowledge that the money is the profits of a criminal or a misdemeanor is guilty of money laundering.

  • Carrying out any transaction to transfer, move, or hide the proceeds of an illicit source.
  • The funds’ real source, location, or nature, as well as their use, movement, ownership, or rights about these proceeds, must all be concealed.
  • Acquiring, holding, or utilizing funds as soon as they are received.
  • Helping the predicate offense’s offender in avoiding punishment.

Money laundering is regarded as a separate offense. The sentence for the predicate offense will not shield the offender from punishment for the money laundering offense. It shouldn’t be necessary to establish the illegal source of the money before imposing punishment on the predicate offender.

Moreover, Article 3 of the Federal Law No 3 of 1987 says;

  • Any of the deeds listed in Article (2), Clause (1) of the current Decree-Law, if the person knows that the proceeds are owned entirely or in part by or intended to finance a terrorist organization, a terrorist, or a terrorist crime, even if there is no intention to hide or disguise their illicit origin.
  • A person who has done such activities on behalf of a terrorist organization or a terrorist individual while being aware of their real motivations or purposes or who supplies gathers, prepares, procures, or facilitates the acquisition of Proceeds with the aim to use them.

Penalties for Money Laundering

Any individual who engages in money laundering in the UAE shall be penalized with a minimum of one year and a maximum of ten years in jail, according to Article 22 of the Money Laundering Law. The offender may also be penalized with fines that vary from 100,000 to 5,000,000 AED or with both a punishment and jail.

The penalties are more severe if the culprit exploited the influence or authority that was bestowed upon him by virtue of his profession, if the crime was carried out through a non-profit organization or an organized criminal gang, or if a repeat offender did it. Temporary imprisonment (up to 15 years) and fines between AED 300,000 and AED 10,000,000 are possible penalties in certain situations.

Deportation of Foreign Culprits

Experienced and knowledgeable advocates and legal consultants in Dubai from the best law firms in Dubai say that according to Article 29/1 of the Money Laundering Law, any foreigner who violates the Money Laundering Law and receives a jail term for their actions will be expelled from the UAE.

However, under Article 29/2 of the Money Laundering Law, the court may order a foreign national’s expulsion from the country in addition to or instead of a jail term if they have committed a misdemeanor (a felony punishable by up to three years in prison).

It is also very important to remember that the statute of limitations does not cover offences involving money laundering.

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Mai Alfalasi

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