Extradition from the USA to Dubai for cybercrimes
In recent years, Dubai has become one of the global centers for combating cybercrime, which increasingly leads to extradition requests from the USA to the UAE. Any accusation related to hacking, online fraud, or breaches of digital security can result in international warrants and the threat of extradition. Dubai places significant emphasis on cybersecurity, and a violation that might be considered an administrative offense in the USA can lead to criminal prosecution in the UAE, including lengthy imprisonment and substantial fines.
Our law firm specializes in extradition cases and cybercrimes and is ready to protect your interests at all stages of the process. Experienced specialists will verify whether the request complies with the requirements of the agreement and international standards, determine possible grounds for refusal of extradition, prepare objections, and present your position in federal courts. Every mistake in strategy can cost freedom, business, and reputation.
New UAE Cybercrime Law
In April 2021, the UAE adopted Federal Law No. 34 of 2021 on combating cybercrime, which came into force on January 2, 2022. This law replaced the previous Federal Law No. 2 of 2006, significantly expanding its scope and strengthening penalties for crimes in the digital environment.
The new edition includes a broader range of cybercrimes, allowing for combating growing threats such as online fraud, cyber propaganda, the spread of fake news, and attacks on IT infrastructure. The previous version of the law provided for criminal liability for unauthorized access to systems, with penalties of up to one year in prison and fines. The new law removes the requirement of intent and increases fines even for any unauthorized access: from AED 100 to AED 300, with more severe penalties for data damage – up to AED 150,000–AED 750,000 and 6 months in prison.
The new law expands the protection of personal information. Any illegal acquisition, alteration, or distribution of medical data, credit card numbers, bank details, and codes is considered an aggravating circumstance and is punished significantly more severely, up to imprisonment and multimillion-dollar fines.
The new law provides for strict sanctions for cyberattacks on government resources, as well as on critical infrastructures. Such actions are punishable by long-term imprisonment of up to 10 years and fines of up to AED 5,000,000.
Why the UAE seeks extradition for cybercrimes
In recent years, the United Arab Emirates has intensified its fight against cybercrime, viewing it as one of the key threats to national security and economic stability. The reason is that the UAE is not only a major financial and tourist center but also a regional hub for technology, e-commerce, and international business. Any cyberattacks, fraudulent schemes, or data breaches directly undermine the trust of investors and clients in the country.
Cybercrimes often affect banks, government agencies, airlines, and infrastructure facilities. This makes them not only a matter of private losses but also an issue of public safety: the consequences can impact thousands of citizens and residents. The authorities of Dubai view such crimes as a threat to strategic sectors of the economy and the country’s prestige on the international stage.
In addition, the UAE actively positions itself as a safe jurisdiction for business and high technologies. Any gaps in cyber protection or impunity for criminals can damage this image. Therefore, the government insists on strict prosecution of the guilty, including international extradition of suspects.
The legal framework of the UAE provides for close cooperation with Interpol and the conclusion of bilateral extradition agreements to pursue cybercriminals worldwide. This approach allows the UAE to demonstrate to the global community its readiness to protect digital space, maintain a high level of law and order, and prevent repeated attacks.
Extradition between the USA and UAE
Extradition between the USA and the UAE is regulated by a bilateral extradition treaty signed in 1999 and ratified in 2004. This treaty provides for the extradition of individuals accused or convicted of crimes falling under the jurisdiction of both countries, subject to compliance with legal standards and procedures.
Under the extradition agreement, crimes punishable by imprisonment for a term of more than one year in both countries are subject to extradition. The list includes both traditional criminal offenses (murder, fraud, money laundering) and modern forms of crimes, including cybercrimes and financial fraud. At the same time, both parties recognize the principle of double criminality: the act must be considered a criminal offense in both jurisdictions.
The extradition request is sent through diplomatic channels, via the Ministry of Justice and the U.S. Department of State to the Ministry of Justice of the UAE. Preliminary detention of the suspect is possible upon an urgent request if there is a risk of flight.
Judicial review of the request in the USA is conducted by a federal judge, who evaluates the legal grounds and evidence. The next stage is the transfer of the case to the State Department. The final decision on extradition is made by the executive branch of the USA, taking into account international obligations and possible humanitarian factors.
What cybercrimes can lead to extradition to Dubai?
The UAE Federal Law on Cybercrimes provides for criminal liability for a wide range of actions, many of which may be considered permissible or not regulated at all in other countries:
- Hacker attacks
Unauthorized intrusion into computer systems, including government servers, banking networks, and corporate databases, is considered a serious crime. Even an attempt at hacking without causing actual damage can serve as grounds for criminal prosecution and an extradition request. - Data theft
Illegal obtaining and use of personal, financial, and commercial information, including client lists, passwords, and internal company documents, in the UAE is punishable by fines and long-term imprisonment. - Online fraud, including cryptocurrencies
Any schemes of fraud on the internet, including those involving cryptocurrencies, ICOs, and investment platforms, fall under the laws of the UAE. The country actively prosecutes fraudsters, even if the victims are outside the Emirates. - Internet threats and blackmail
The dissemination of threats, extortion, demanding money or other benefits in exchange for refraining from disclosing information—all of this is classified as a serious criminal offense. - Public insults and defamation in messengers and social networks
The UAE considers defamation, insults, and negative statements on the internet as criminally punishable acts. This applies not only to public posts but also to private chats. - The use of anonymizers and VPN for illegal purposes
Although the use of VPNs in the UAE is not prohibited, their use for bypassing blocks or committing illegal actions entails criminal liability. - Phishing and email hacking
Mass distribution of fake messages with the aim of gaining access to accounts or personal data, as well as hacking email inboxes, may serve as grounds for extradition. - Theft of digital property
Illegal copying or appropriation of digital objects (software, databases, media files) in the UAE is equated to property crimes.
Is it possible to appeal extradition to Dubai from the USA?
The person for whom the request was made has the right to defend themselves during court hearings in a U.S. federal court. Extradition is not possible without a court decision confirming that the request complies with the terms of the treaty and U.S. law.
Grounds for refusal of extradition:
- The political nature of the case: if the accusations are related to political activity or motivated by political reasons.
- The absence of double criminality: if the act is not a crime in the USA, extradition is impossible.
- Violation of human rights: in cases of high risk of torture, inhuman treatment, or unfair trial.
- Insufficiency of evidence: the request must be accompanied by evidence sufficient by the standards of an American court.
- Statute of limitations: if under American or Emirati law the statute of limitations for prosecution has expired.
The lawyer files objections within the framework of extradition hearings, presenting evidence in support of the stated grounds. In a number of cases, the defense may petition for political asylum or refugee status if there is a real threat of persecution.
How an extradition lawyer can help in the USA
An experienced lawyer conducts a detailed analysis of the extradition request: checks its compliance with the terms of the international treaty, the requirements of American legislation, and the principle of dual criminality. Such an audit allows identifying weaknesses in the prosecution’s position.
The lawyer also develops a defense strategy, which may include challenging the evidence presented by the requesting party, substantiating the political or unlawful nature of the case, as well as arguments about the risk of human rights violations during extradition.
The third important function is representation in the U.S. federal court at extradition hearings. The lawyer files motions, raises objections, and uses procedural mechanisms to protect the client, up to appealing decisions in higher instances.
In addition, a lawyer can interact with international organizations and human rights structures, as well as initiate parallel procedures. For example, a request for political asylum or temporary protection.
Finally, a professional defender assists the client and their family with informational and organizational support: from preparing documents to coordinating actions with consular and diplomatic representatives.
How does a Red Notice for cybercrime work in the UAE
Red Notice is not an international arrest warrant in the legal sense. It is a request for temporary detention, which Interpol member countries may consider at their discretion. Each state independently decides how to respond to the notice, depending on its national legislation and international obligations.
In the UAE, a request for a Red Notice for cybercrime may be related to hacking attacks, data theft, online fraud, use of malware, or violation of cybersecurity legislation. The request is accompanied by a description of the crime, personal data of the wanted person, a photograph, and the legal grounds for the charges.
Upon receiving such a notification, many countries may detain the wanted person when crossing the border. The risk of detention is especially high at airports if the state actively cooperates with Interpol.
It is important to understand that the presence of a Red Notice does not automatically mean extradition. The extradition process is regulated by bilateral and multilateral agreements, as well as the domestic law of the detaining country. Nevertheless, for a person entered into the database, every international movement becomes potentially dangerous.
How to act if you received a notification or summons regarding an extradition case
Receiving a notification regarding an extradition case is a situation that requires immediate and competent actions. The effectiveness of protecting your rights and freedom depends on the first steps you take.
- Stay calm and do not ignore the notification. Ignoring a summons or notification may lead to arrest and restriction of freedom. Even if you believe the charges are unfounded, it is important to respond officially and within the framework of the law.
- Urgently consult an international law attorney. Only a specialist familiar with extradition procedures will be able to assess the risks, verify the grounds of the request, and develop a defense strategy. The lawyer will analyze international treaties on the basis of which the extradition is requested and identify possible procedural violations.
- Study the documents and the grounds for the request. Together with the lawyer, analyze the materials on which the extradition request is based: court rulings, arrest warrants, Interpol notices. This will help to understand how they comply with the requirements of international and national legislation.
- Evaluate the possibility of appeal. In many cases, extradition can be challenged. The grounds may include the political nature of the prosecution, the risk of torture and inhuman treatment, the absence of double criminality, and violations of procedural norms.
- Prepare the evidence base. Collect documents supporting your position: proof of residence in another country at the time of the alleged crime, medical reports, certificates of marital status, political status, or risks to life and health.
- Keep track of procedural deadlines. Extradition procedures are regulated by strict time frames. Missing the deadlines for filing a complaint or motion may result in the automatic approval of the request.
- Consider the possibility of appealing to international bodies. In certain cases, protection may include an appeal to the European Court of Human Rights or the CCF Commission to challenge a Red Notice.
Do you need protection from extradition to the UAE? Lawyer consultation
If you are facing extradition, delays or incorrect actions can lead to irreparable consequences. Our lawyers specialize in extradition cases and know how to effectively defend clients in the USA, Europe, and other countries upon requests from the UAE.
We conduct a comprehensive legal assessment of the grounds for issuance, verify the compliance of the request with international treaties and national law, identify procedural violations. If necessary, we challenge extradition in courts, use human rights protection mechanisms, and file complaints with international bodies.
Our team also helps gather evidence confirming the political nature of persecution, the absence of double criminality, or a high risk of ill-treatment. We accompany the client at all stages of the process: from receiving the notification to the final court decision. Contact us right now to discuss your situation and develop a defense strategy.
