Extradition between Dubai and the USA

Every year, more and more expatriates are exploring their options for moving to the United Arab Emirates. This interest is driven by the tax-free salaries, year-round warm weather, and luxurious lifestyle. However, migrants must understand the UAE’s extradition law.

Unfortunately, the UAE authorities are increasingly abusing international arrest warrants for political persecution or punishment of individuals with outstanding debts. Therefore, if you or your loved ones are under the threat of extradition, it’s crucial to secure qualified legal support as soon as possible.

Extradition between the UAE and the USA is provided for the following categories of crimes: murder and causing serious bodily harm, kidnapping, sexual and labor exploitation, financing of terrorism, planning and carrying out terrorist acts, financial fraud, money laundering, bribery, embezzlement of state funds, illegal drug trafficking, and cybercrimes. In general, UAE extradition law applies only to criminal matters that are punishable by imprisonment for a term of not less than one year.

However, despite having bilateral extradition agreements, all cases are considered on an individual basis. Difficulties may arise due to differences in legal systems. The UAE law is based on a mixed legal framework with elements of Sharia, while the US operates under the Anglo-American common law system. This can complicate the interpretation of some provisions and laws.

An extradition request must comply with the principle of dual criminality. This means that the action or inaction for which the individual is being pursued must be criminally punishable in both the United States and the UAE, with a minimum sentence of no less than 1 year of imprisonment.

Extradition will not be granted if the requested person has already been convicted or acquitted of the same crime in the requesting country. Additionally, extradition is not possible for crimes of a political nature even when there are multilateral agreements.

If the requesting country has the death penalty as a punishment for a crime, the jurisdiction may require assurances that this form of punishment will not be applied.

Both the UAE and the USA may refuse to extradite their own citizens, but are obligated to prosecute them under their domestic laws for crimes committed abroad.

An extradition order will not be granted if there is reason to believe that the person is being persecuted because of their race, religion, nationality, political beliefs, or membership in a particular social group.

Extradition is a legal procedure for transferring an individual accused or convicted of a crime from one country to another to face justice or serve their sentence.

The competent authorities of the requesting country (the USA or the UAE) determine that the person being sought is located in another country. An official request is sent through diplomatic channels, usually through the Ministry of Foreign Affairs or the embassy.

An extradition request must include:

The requesting country can submit a request for the temporary arrest of an individual before filing an official extradition request. The temporary arrest typically does not exceed 60 days. If the official request is not received within this period, the individual may be released.

The competent authorities of the requested country analyze the extradition request for compliance with the terms of the extradition treaty and national legislation. Evaluation criteria include the presence of dual criminality, absence of political motives for persecution, adherence to human rights, and guarantees of a fair trial.

The court assesses the legality and justification of the request at a preliminary hearing. If the court decides that all conditions are met, it recommends extradition. The court may reject the extradition request if there are grounds for refusal.

Administrative bodies make the final decision on extradition, taking into account the court’s recommendations and international obligations. The individual is handed over to representatives of the requesting state for further legal proceedings or to serve their sentence.

Every individual has the right to qualified legal counsel from the moment of arrest or notification of the commencement of extradition proceedings. Communication with a lawyer must be confidential and cannot be disclosed without the client’s consent.

The individual must be immediately informed of the reasons for their detention and the crimes they are accused of. They have the right to receive copies of extradition requests and related materials.

Additionally, every suspect has the right to a fair trial. According to the presumption of innocence, an individual is considered innocent until proven guilty in court.

Every individual has the right to appeal a court’s decision to higher authorities. During the period of the appeal’s consideration, extradition is usually suspended.

No one can be subjected to torture or inhumane treatment. If there is a risk of persecution based on race, religion, nationality, political beliefs, or membership in a particular social group, extradition may be denied.

If even one of these rights was violated, your lawyer might try to challenge the legality of the extradition. Another possible legal defense is to present the court with evidence and an alibi that refutes the charges.

It’s also worth checking whether the statute of limitations for criminal liability or for the execution of the sentence has expired. This criterion is also a basis for challenging the legality of an extradition request.

An appeal must be filed within the timeframe established by law after the court’s decision is issued. The complaint must contain clear grounds for reviewing the decision.

An appeal is considered by a higher court, which examines the legality and justification of the initial decision. During the consideration of the appeal, the enforcement of the extradition decision is usually suspended.

Sometimes, it’s possible to file an appeal with the highest judicial authority. If fundamental rights and freedoms are violated, one can turn to international judicial bodies (for example, the European Court of Human Rights).

Extradition can lead to prolonged detention or legal proceedings. This creates significant barriers to professional and personal life. As part of the investigation, accounts or assets may be frozen. The extradition process and its associated consequences can lead to the termination of employment contracts. Expatriates might find themselves under investigation or in custody in another country, making it difficult to return home or continue working.

Company leaders in the UAE or the US might face extradition requests in cases of accusations of corporate responsibility or business disputes. Charges against management or key company employees can impact its reputation, investor trust, and partner confidence. This effect on the business’s public image could lead to decreased customer trust and loss of contracts.

Additionally, the extradition process and associated legal proceedings require significant financial investments.

Several international treaties and extradition agreements form the basis for the transfer of individuals between countries. They regulate the procedure for submitting requests, the obligations of parties when considering requests, timelines, and requirements for extradition. These treaties help avoid disputes between countries by establishing clear rules.

International extradition treaties come in two types:

International agreements require countries to adhere to universal standards regarding human rights and extradition procedures. This ensures that the extradition process will be fair and lawful.

If you or your loved ones are facing extradition from the United States or the UAE, it’s crucial to secure qualified legal support as soon as possible. An attorney will conduct a detailed analysis of the case circumstances, assess the risks, and evaluate possible ways to protect your interests.

An experienced professional will help gather the necessary documents and evidence that can influence the decision on extradition. A qualified lawyer will represent you at all stages of the legal proceedings, challenging the grounds for extradition.

Additionally, a lawyer will be able to effectively communicate with officials from both countries. It may be possible to reach agreements that will mitigate the consequences or prevent extradition.

If the extradition does indeed take place, your lawyer will continue to defend your interests in the destination country. The specialist will prepare appeals and cassations to challenge the verdict and review the court decision.

Our team has extensive experience in matters related to extradition between the USA and the UAE. We understand the nuances of both American and Emirati legislation. Our specialists are fluent in multiple languages, which facilitates communication with clients, government authorities, and international bodies.

Reach out to our extradition attorneys right now to get an initial consultation and discuss the next steps to protect your interests. To do this, you can fill out a brief online form right on the website, leave your contact information, and representatives of our legal team. They will contact you during business hours. If you would like to detail your request in writing, you can send an email. All popular messengers are also available for communication. Our specialists are always available from Monday to Friday, from 10:00 AM to 7:00 PM.