UAE Extradition Law — Federal Law No. 39 of 2006

Introduction — UAE as an Extradition Jurisdiction

The United Arab Emirates has transformed over the past three decades from a regional trading post into one of the world’s most significant financial, commercial, and travel hubs. Dubai International Airport consistently ranks among the busiest airports globally for international passenger traffic, while the Dubai International Financial Centre and Abu Dhabi Global Market have established the UAE as a critical node in international finance. This remarkable growth has brought with it increased scrutiny regarding the UAE’s role in international criminal justice cooperation, particularly in matters of extradition.

For foreign nationals residing in, traveling through, or conducting business with the UAE, understanding extradition law is not merely an academic exercise—it carries profound practical implications. The UAE hosts approximately 9 million expatriates from virtually every nation on earth, many of whom occupy senior positions in multinational corporations, financial institutions, and trading companies. When criminal allegations arise in their home countries or third states, the question of whether and how the UAE will respond to extradition requests becomes critically important.

The UAE’s approach to extradition operates through two primary mechanisms:

• Treaty-based extradition, where the UAE has concluded bilateral agreements with specific countries that establish reciprocal obligations and procedures for surrendering fugitives
• Reciprocity-based arrangements, where extradition may proceed even in the absence of a formal treaty, provided the requesting state offers assurances of equivalent treatment in future cases

Federal Law No. 39 of 2006 Concerning International Judicial Cooperation in Criminal Matters serves as the foundational legislation governing both pathways, establishing the conditions, procedures, and safeguards that apply regardless of whether a bilateral treaty exists.

This comprehensive guide examines the UAE’s extradition framework in detail, providing essential information for legal practitioners, corporate compliance officers, and individuals seeking to understand their rights and exposure under UAE law as it applies in 2026.

Federal Law No. 39 of 2006 — Key Provisions

Articles 1-5: Definitions and Scope

Federal Law No. 39 of 2006 establishes its scope in the opening articles with characteristic precision. Article 1 defines the law’s purpose as regulating international judicial cooperation in criminal matters between the UAE and foreign states, international organizations, and competent bodies. This scope extends to the following areas:

• Extradition
• Transfer of sentenced persons
• Mutual legal assistance
• Recognition of foreign criminal judgments

Article 2 establishes the hierarchy of legal sources, providing that international conventions and bilateral treaties to which the UAE is a party shall take precedence over the provisions of this law where they offer different treatment. In the absence of such treaties, Article 3 confirms that the law applies subject to principles of reciprocity and international comity. This tiered approach means that practitioners must first examine whether a bilateral treaty exists with the requesting state before defaulting to the general provisions of the law.

Articles 4 and 5 delineate the competent authorities responsible for implementing the law:

• The Ministry of Justice serves as the central authority for receiving and transmitting extradition requests through diplomatic channels
• The Public Prosecution assumes responsibility for conducting investigations and presenting cases before the competent courts

This division of administrative and prosecutorial functions mirrors international best practice and ensures appropriate separation of powers in extradition proceedings.

Articles 6-10: Conditions for Extradition

The conditions governing extradition under UAE law are detailed in Articles 6 through 10, which establish both positive requirements and negative conditions that must be satisfied before surrender can occur. Article 6 sets forth the fundamental principle that extradition may be granted for offences punishable under both UAE law and the law of the requesting state by imprisonment of at least one year. This threshold requirement ensures that the UAE’s extradition apparatus is reserved for serious criminal matters rather than minor infractions.

Article 7 addresses extradition for the purpose of executing foreign sentences, requiring that the remaining sentence to be served amounts to at least six months. This provision prevents extradition for trivial remaining periods of imprisonment while ensuring that convicted fugitives cannot evade meaningful punishment by fleeing to the UAE.

Article 8 introduces important protections relating to the nature of the alleged offence, excluding the following from the scope of extraditable crimes:

• Political offences
• Purely military offences
• Offences connected with political acts

Article 9 addresses fiscal offences, confirming that extradition may proceed for tax-related crimes provided they meet the general conditions for extradition—a provision of increasing relevance given international efforts to combat tax evasion. Article 10 deals with composite requests involving multiple offences, establishing that extradition may proceed if at least one offence meets the threshold requirements, subject to the specialty principle discussed below.

Articles 11-15: Formal Request Requirements

The procedural requirements for extradition requests are set forth in Articles 11 through 15, which establish exacting standards that requesting states must satisfy. Article 11 mandates that requests be submitted through diplomatic channels to the Ministry of Justice, accompanied by comprehensive documentation including:

• The original or authenticated copy of the arrest warrant or judgment
• A statement of the offences specifying the time and place of commission
• The applicable legal provisions
• Evidence establishing reasonable grounds to believe the person committed the alleged acts

Article 12 requires that all documents be translated into Arabic by a certified translator and properly authenticated through the requesting state’s diplomatic or consular representatives. This requirement frequently causes delays when requesting states fail to appreciate the necessity of complete and accurate translations. Article 13 addresses the identification of the wanted person, requiring sufficient particulars to enable positive identification including, where available, photographs, fingerprints, and other identifying information.

Article 14 governs supplementary information requests, empowering the Ministry of Justice to seek additional documentation where the initial submission proves insufficient. The requesting state is typically afforded a reasonable period, usually thirty to sixty days, to provide the requested materials. Article 15 establishes that failure to provide adequate supplementary information within the specified timeframe may result in dismissal of the request without prejudice to its resubmission.

Articles 16-20: Judicial Review Process

The judicial safeguards contained in Articles 16 through 20 represent the cornerstone of due process protection in UAE extradition proceedings. Article 16 mandates that following receipt of a formal extradition request, the Public Prosecution shall present the matter to the competent court for examination of the request’s compliance with legal requirements. The wanted person must be brought before the court and informed of the extradition request in a language they understand.

Article 17 guarantees the right to legal representation, providing that the wanted person may engage counsel at their own expense or, where they lack financial means, request appointment of counsel by the court. This right extends throughout the extradition proceedings, including any appeals. Article 18 requires the court to examine:

• Whether the formal requirements have been satisfied
• Whether mandatory grounds for refusal exist
• Whether discretionary grounds for refusal apply to the particular case

Federal Law No. 39 of 2006, Article 18: “The court shall examine the compliance with formal requirements, the existence of mandatory or discretionary grounds for refusal, and the sufficiency of evidence to establish a prima facie case against the wanted person.”

er extradition would be compatible with UAE public policy and fundamental rights

Article 19 establishes the court’s authority to order provisional release pending determination of the extradition request, subject to conditions including surrender of travel documents, regular reporting requirements, and deposit of security. Article 20 provides for appeal against extradition decisions to the competent Court of Appeal within thirty days of notification, with further cassation appeals available in limited circumstances.

Dual Criminality Requirement

The dual criminality principle, embedded throughout Federal Law No. 39 of 2006, requires that the conduct underlying the extradition request constitute a criminal offence under both the law of the requesting state and UAE law. This requirement serves multiple purposes:

• It ensures that individuals are not surrendered for conduct that the UAE does not consider sufficiently wrongful to warrant criminal sanction
• It preserves respect for UAE sovereignty
• It prevents extradition for acts that may be lawful in the UAE regardless of their characterization elsewhere

UAE courts apply the dual criminality test by examining the underlying conduct rather than requiring perfect correspondence between offence categories. Thus, extradition