UAE Cabinet Decision No. 43/2024: New Drug Rules for Non-Resident Foreigners Caught with Narcotics

Introduction:

In June 2024, the UAE introduced Cabinet Decision No. 43/2024, establishing a comprehensive framework for handling non-resident foreigners caught in possession of narcotic drugs or psychotropic substances while entering the country through its land, sea, or airports. This decision is important for enhancing the UAE's stance on drug control and aligns with Federal Decree-Law No. 30/2021 on Combating Narcotics and Psychotropic Substances. Below, we explore the key elements of this decision, its application, penalties, and implications for non-residents.

Scope of Application:

The Cabinet Decision applies to non-resident foreigners who are found in possession of narcotic drugs or psychotropic substances during their entry into the UAE for personal use, provided the quantities are within the limits specified in the attached table. If the amount seized exceeds these prescribed limits or drugs were obtained for someone else’s benefit, offenders will face full penalties as outlined in Federal Decree-Law No. 30/2021. Possession is considered illegal except in cases of legally authorised medical use. Importantly, if multiple drugs are found but their combined weight does not exceed 100 grams, the substances will be treated as a single item when determining penalties.

Procedures for Handling Seizures:

When a non-resident foreigner is found in possession of illegal narcotics, law enforcement officers may follow a set of specific procedures, including:

1. 1. A detailed report must be prepared, documenting the type of substance, its weight, and the circumstances of the arrest.
2. 2. The personal details of the arrested individual must be recorded in the UAE’s unified criminal system.
3. 3. The seized substances must be handed over to the competent authorities for destruction, as stipulated under Federal Decree-Law No. 30/2021.
4. 4. The arrested individual and the seizure report are then referred to the competent public prosecution for further legal action.

Penalties for Offenders:

The penalties imposed under Cabinet Decision No. 43/2024 vary based on the severity of the offence and whether the individual is a repeat offender.

1. 1. First-time offenders found in possession of drugs for personal use may face a fine of AED 5,000 to AED 20,000. The offender may not be allowed to enter the UAE until the fine is paid.
2. 2. Second-time offenders may face a fine of AED 10,000 to AED 30,000, deportation, and a three-year ban from entering the UAE, which begins the day following their deportation. Entry may only be allowed once the fine is fully paid.
3. 3. Third-time offenders may be fined between AED 50,000 and AED 100,000, deported, and placed on the permanent entry ban list, prohibiting them from ever returning to the UAE.

For substances listed under Clause (4) of the additional table in the Cabinet Decision, a fine between AED 50,000 and AED 100,000 may be imposed, along with deportation and permanent entry bans, even for first-time offenders.

Inclusion in the Permanent Entry Ban List:

The competent public prosecution may issue orders for offenders to be included in the List of People Permanently Banned from Entering the UAE. This addition will take effect immediately following the offender's deportation and will be reflected in both the Unified Criminal System and the Administrative List of the Federal Authority for Identity, Citizenship, Customs & Port Security.

Exemption Requests:

Individuals who have been banned from entering the UAE may request an exemption from this decision. Such requests can be submitted in person or through a legal representative but only after proof is provided that any imposed fines have been paid. These requests will be considered in line with existing UAE legislation.

Conclusion:

Cabinet Decision No. 43/2024 reinforces measures on drug offences even for non-resident foreigners. It clearly outlines how offenders will be dealt with and highlights the serious consequences of attempting to bring narcotic substances into the country. Non-resident foreigners are advised to familiarize themselves with these new regulations to avoid facing serious legal repercussions upon entering the UAE.

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Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.