- Article (1) Definitions
- Article (2) Scope of Application of the Law
- Article (3) Prohibited Acts
- Article (4) Competences of the National Management Authority
- Article (5) Competences of the Scientific Authority
- Article (6) Border Ports
- Article (7) Import and Export of Specimens and Consignments
- Article (8) Introduction from the Sea
- Article (9) Regulation of International Trade in Exceptional Cases
- Article (10) Granting of Certificates
- Article (11) Validity of Certificates
- Article (12) Transfer or Assignment of Certificates
- Article (13) Withdrawal, Cancellation, or Amendment of Certificates
- Article (14) Retention of Certificates Used in Consignments
- Article (15) Appendix I Specimens
- Article (16) Disposal of Captive-Bred and Artificially Propagated Specimens
- Article (17) International Trade with Non-Parties to the Convention
- Article (18) Entry and Exit of Consignments from the State
- Article (19) Registration
- Article (20) Transit Specimens
- Article (21) Personal and Household Effects
- Article (22) Certificate of Ownership for Personal Specimens
- Article (23) Proof of Lawful Possession
- Article (24) Scientific Institutions
- Article (25) Zoos and Circuses
- Article (26) Obligations of Establishments and Veterinary Clinics
- Article (27) Application of the More Severe Penalty
- Article (28) Penalties
- Article (29)
- Article (30)
- Article (31)
- Article (32)
- Article (33)
- Article (34) Bearing of Financial Costs by the Offender
- Article (35) Judicial Enforcement
- Article (36) Notification of the National Management Authority of Seizure Operations
- Article (37) Implementation of the Law
- Article (38) Appendices of the Convention
- Article (39) Possession of a Specimen Prior to Its Inclusion in the Appendices
- Article (40) Fees
- Article (41) Executive Regulations
- Article (42) Repeals
- Article (43) Publication and Entry into Force
We, Mohamed bin Zayed Al Nahyan, President of the United Arab Emirates,
− Having reviewed the Constitution;
− Federal Law No. (1) of 1972 Regarding the Competences of the Ministries and the Powers of the Ministers, as amended;
− Federal Law No. (11) of 2002 Regarding the Regulation and Control of International Trade in Endangered Species of Wild Fauna and Flora;
− Upon the proposal of the Minister of Climate Change and Environment, the approval of the Cabinet and the Federal National Council, and the ratification of the Federal Supreme Council,
Hereby promulgate the following Law:
Article (1) Definitions
For the purpose of implementing the provisions of this Law, the following terms and expressions shall have the meanings assigned to each of them, unless the context otherwise requires:
State: The United Arab Emirates.
Minister: The Minister of Climate Change and Environment.
Convention: The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified by the State.
National Management Authority: The Ministry of Climate Change and Environment.
Foreign Management Authority: The foreign authority in countries Parties to the Convention responsible for administrative, regulatory, supervisory, and oversight functions, and serving as the official point of contact with the Secretariat of the Convention.
Scientific Authority: The entity designated by a resolution of the Cabinet.
Concerned Authority: Any federal or local government authority having the capacity of judicial officers in establishing violations of the provisions of this Law.
Secretariat of the Convention: The Secretariat performing the central administrative or general secretariat functions for the implementation and follow-up of the Convention.
Appendices: Appendix I, Appendix II, and Appendix III of the Convention, and any amendments thereto in force and adopted by the Conference of the Parties to the Convention.
International Trade: Any act of export, re-export, import, introduction from the sea, or transit through the territory of the State of specimens of endangered species listed in the Appendices and subject to the customs regime of the State.
Specimen: Any animal or plant, whether live or dead, listed in the Appendices, or any readily recognizable part or derivative thereof, as evidenced by accompanying documents, marks or labels, or by other circumstances, unless such parts or derivatives are exempt under the Convention and in accordance with this Law.
Species: The species specified and listed in the Appendices to the Convention, including subspecies or geographically separate populations thereof.
Export: The transport of any Specimen of native Species or Species locally bred to any other country through the border ports of the State.
Import: The landing, attempted landing, bringing in, or entry of any Specimen through the border ports of the State under customs procedures, excluding transit and transshipment.
Re-Export: The export of any Specimen that has previously been imported.
Introduction from the Sea: The transport of Specimens of any Species listed in the Appendices into the State from the marine environment not under the jurisdiction of any country (beyond the Exclusive Economic Zone) and lying outside the areas subject to the sovereignty or sovereign rights of the State, in accordance with international law, as set forth in the United Nations Convention on the Law of the Sea.
Transit: The movement of a Specimen remaining under the control of the customs authorities of the State while en route to a consignee outside the State, without interruption of the transit movement.
Inspection: Verification of certificates provided for in this Law upon Import, Export, Re-export, or Transit, including the examination of Specimens and the taking of samples or parts thereof, where appropriate, for analysis or detailed examination as necessary.
Issuance: Completion of all procedures required by the National Management Authority, including the preparation, approval, and delivery of the certificate to the applicant.
Sale : Any form of transfer of ownership; for the purposes of this Law, lease, barter, and exchange shall be deemed to constitute a sale.
Commercial Purposes: All purposes in which commercial aspects are clearly predominant and essentially of a commercial nature.
Certificate: An official document used for authorizing the Import, Export, Re-export, or Introduction from the Sea of any Specimen.
Certificate of Ownership: A document issued to the owner of Specimens authorizing travel between countries that recognize its use.
Release : The process of admitting imported Specimens into the State after the application of the quarantine procedures in force in the State.
Rescue and Shelter Center: A facility accredited by the National Management Authority for the placement of live Specimens that are seized, confiscated, or otherwise held, for the purpose of ensuring their welfare.
Captive-Bred Specimens: Specimens born or produced in a controlled environment through the transfer of gametes, mating, or other forms of reproduction, whether sexual or asexual.
Artificially Propagated Specimens: Plant Specimens grown under controlled conditions and derived from seeds, cuttings, divisions, tissue cultures, spores, or other propagating material derived from cultivated parental stock, and exempt under the Convention.
Country of Origin: The State from which the Specimens were taken from the wild, or in which they were born, bred in captivity, or artificially propagated, or from whose marine environment not under the jurisdiction of any country they were taken.
Endangered Species: All animal and plant Species threatened with extinction due to commercial pressure, climate change, or any other causes leading to the depletion of their populations in the wild.
Pre-Convention Specimens: Specimens legally acquired before the inclusion of the relevant Species in any of the Appendices of the Convention.
Conference of the Parties: The periodic meeting of the countries parties to the Convention.
Falcon Passport: A document issued to the owner of a falcon permitting its cross-border movement between countries that recognize its use.
Consignment: Any Specimens or Endangered Species entering or leaving the State and transported from one country to another.
Phytosanitary Certificate: A certificate specifically issued for artificially propagated plants listed in Appendix II and issued to countries that recognize its use.
Article (2) Scope of Application of the Law
The provisions of this Law shall apply to the following:
1. All territories of the State, including the Free Zones.
2. Specimens and Endangered Species listed in the Appendices, and any amendments thereto.
Article (3) Prohibited Acts
It shall be prohibited to import, export, re-export, transit, or Introduce from the Sea any Specimen of the Species listed in the Appendices through all border ports in violation of the provisions of this Law.
Article (4) Competences of the National Management Authority
The National Management Authority shall have the competence to undertake the following:
1. Implement the provisions of this Law, monitor the enforcement of legislation regulating International Trade in Specimens of endangered animals and plants and combat illicit trade therein.
2. Issue Certificates regulating International Trade in Endangered Species in accordance with the provisions of this Law and the Convention, and approve any conditions it deems necessary for the Issuance of a Certificate, pursuant to the procedures specified in the Executive Regulations of this Law.
3. Coordinate and communicate with the Secretariat of the Convention and the countries parties thereto regarding scientific, administrative, and enforcement matters, or any other matters related to the implementation of the Convention in the State.
4. Seek assistance from the Secretariat of the Convention, countries parties thereto, international governmental organizations, and international non-governmental organizations to provide technical support where necessary.
5. Respond to any request from the Secretariat of the Convention for information relating to compliance with the provisions of the Convention.
6. Maintain data relating to International Trade, Specimens of endangered animals and plants, confiscations, and seizures.
7. Prepare periodic reports and submit them to the Secretariat of the Convention within the timeframes specified by the Conference of the Parties, including:
a. A report on International Trade in Specimens of endangered animals and plants.
b. A report on legislative, regulatory, and administrative measures adopted to enforce the provisions of the Convention in the State.
c. The annual report on illicit trade in wildlife.
8. Prepare reports and questionnaires on specific matters relating to the implementation of the Convention at the request of the Conference of the Parties or its committees where necessary.
9. Coordinate with the Scientific Authority to obtain scientific opinion and advice in the following cases:
a. Verification that trade will not be detrimental to the survival of the Species.
b. Suitability of breeding, housing, and care facilities for live Specimens listed in Appendices I and II subject to strict control.
c. Registration of scientific and commercial establishments in accordance with the Convention and relevant decisions.
d. Determination and management of export quotas allocated to the State.
e. Preparation of proposals for amendments to the Appendices.
f. Evaluation of the level of trade in Specimens of Species listed in the Appendices.
g. Allocation of Rescue and Shelter Centers.
h. Disposal of confiscated and seized Specimens.
i. Any other cases requiring scientific opinion and advice.
10. Provide advice to relevant national authorities concerning measures required to implement the provisions of this Law and the Convention.
11. Provide awareness-raising, capacity-building, educational programs, and dissemination of information relating to the Convention.
12. Represent the State in regional and international forums and meetings relating to the Convention.
13. Dispose of seized Specimens of Endangered animal and plant Species confiscated pursuant to a judicial ruling.
14. Register scientific and commercial establishments in the State with the Secretariat of the Convention, including breeding centers and nurseries propagating Specimens of Species listed in Appendix I.
15. Any other competences assigned thereto under this Law or entrusted thereto by a resolution of the Cabinet.
Article (5) Competences of the Scientific Authority
The Scientific Authority shall have the competence to undertake the following:
1. Provide opinion to the National Management Authority regarding applications to export Specimens of species listed in Appendices I and II and extent to which such export would be detrimental to the survival of the Species.
2. Provide opinion to the National Management Authority regarding applications to import Specimens of Species listed in Appendix I and the extent to which such import would be detrimental to the survival of the Species.
3. Provide opinion regarding the preparation of housing facilities for live Specimens listed in Appendices I and II which the National Management Authority intends to authorize for import, and indicate whether such facilities meet the requirements necessary for their proper housing and care.
4. Monitor Export Certificates and actual exports of Specimens, provide opinion to the National Management Authority on the appropriate measures to be taken in this regard, and specify the annual export quotas allocated for the purpose of establishing standards for export certificates to prevent detrimental impact on Species survival.
5. Provide opinion to the National Management Authority regarding the disposal of confiscated or seized Specimens.
6. Provide opinion to the National Management Authority regarding the designation of Rescue and Shelter Centers.
7. Evaluate the level of trade in Specimens and notify the National Management Authority of the results thereof.
8. Provide scientific advice to the National Management Authority regarding Species protection and prepare proposals to amend the Appendices.
9. Provide scientific advice to the National Management Authority regarding the registration of scientific and commercial establishments with the Secretariat of the Convention, including breeding centers, zoological gardens, and nurseries propagating Specimens of Species listed in Appendix I.
10. Contribute to awareness-raising, capacity-building, education, and dissemination of information relating to the Convention.
11. Provide scientific opinion and advice in any other cases assigned thereto by the National Management Authority.
12. Participate with the National Management Authority in representing the State at regional and international forums and meetings relating to the Convention.
Article (6) Border Ports
The National Management Authority, in coordination with the concerned authorities in the State, shall determine the State’s official border ports for the import, export, re-export, transit, Consignments, or their unloading and reloading, as well as for the Introduction from the Sea of Species listed in the Appendices.
Article (7) Import and Export of Specimens and Consignments
1. No Specimen shall be exported or re-exported outside the State without obtaining an Export or Re-Export Certificate from the National Management Authority.
2. No Specimen of Species listed in Appendix I shall be imported into the State without obtaining an Import Certificate from the National Management Authority.
3. No Specimen of Species listed in Appendix II shall be imported into the State without submission of an Export or Re-Export Certificate issued by the Foreign Management Authority of the exporting country.
4. No Specimen of Species listed in Appendix III shall be imported into the State without submission of a certificate of origin or an Export Certificate in the case of import from the foreign country that has requested the inclusion of the Species in Appendix III.
5. The Introduction from the Sea of any Specimen into the State shall be prohibited unless a Certificate of Introduction from the Sea is obtained from the National Management Authority.
6. The transit of Consignments through the territory of the State shall be prohibited unless accompanied by a valid Export or Re-Export Certificate issued by the Foreign Management Authority of the exporting country.
7. The data contained in Certificates issued by the Foreign Management Authority of the importing, exporting or re-exporting country shall correspond and shall include the following data:
a. The addresses of the exporter and importer.
b. The purpose of import, export, or re-export.
c. Details of the Specimen.
Article (8) Introduction from the Sea
1. No Introduction from the Sea of any Specimen of species listed in Appendices I or II into the State shall be permitted without obtaining a prior Certificate from the National Management Authority.
2. The Certificate referred to in clause (1) of this Article shall be granted upon fulfilment of the following conditions:
a. The Scientific Authority shall express its opinion that the Specimen or species proposed to be introduced from the sea will not be detrimental to the survival of the Species and it may seek the assistance of any international scientific authorities in this regard.
b. The National Management Authority verifies shall verify that a Specimen listed in Appendix I and intended to be introduced from the sea will not be used for Commercial Purposes.
c. The National Management Authority shall ensure that the recipient of a live Specimen has adequate facilities for its housing and care, and treatment in a manner that minimizes any potential harm, with due regard to animal welfare standards during transport.
Article (9) Regulation of International Trade in Exceptional Cases
Specimens of animal Species listed in Appendix I that are Captive-Bred, or Specimens of plant Species artificially propagated for Commercial Purposes, shall be treated in accordance with the provisions applicable to Specimens of Species listed in Appendix II under the Convention.
Article (10) Granting of Certificates
The National Management Authority shall grant Import, Export, Re-Export, and Introduction from the Sea Certificates for any Specimen of Species listed in the Appendices after verifying the fulfillment of the following:
1. A statement from the Scientific Authority confirming that the export of the requested Specimen listed in Appendices I, Appendix II, or both will not be detrimental to the survival of the Species and falls within the annual export quota established by the Scientific Authority.
2. A statement from the Scientific Authority confirming that import of the requested Specimen listed in Appendix I is not detrimental to the survival of the Species.
3. That the Specimens to be exported or imported were not obtained in violation of the provisions of the legislation in force in the State or the Convention.
4. That any Specimen to be re-exported was previously imported in accordance with the provisions of this Law and the Convention.
5. That shipment of any live Specimen for export or re-export complies with the guidelines established by the Convention for the transport of live specimens; and in the case of air transport, it shall comply with the live animals' regulations of the International Air Transport Association (IATA).
6. That preparation and shipment of live Specimens meet animal welfare requirements in accordance with the legislation in force in this regard.
7. The existence of an Import Certificate issued by the competent authority of the receiving country prior to issuing an Export Certificate for any Specimen of Species listed in Appendix I.
8. Verification that the Specimen will not be used for Commercial Purposes before granting an Import Certificate or Certificate of Introduction from the Sea for a Specimen listed exclusively in Appendix I.
9. Any other conditions or additional information specified by the National Management Authority.
Article (11) Validity of Certificates
1. Export and Re-Export Certificates shall be valid for a period of six (6) months from the date of issuance.
2. Import Certificates shall be valid for a period of twelve (12) months from the date of issuance.
3. A Certificate shall be valid for a single commercial transaction only, and a new Certificate shall be obtained for each commercial transaction.
4. A Certificate shall be deemed null and void upon expiry of its validity period or if its data are amended without reference to the National Management Authority.
5. A Certificate shall be deemed null and void if it is established that the consignment does not comply with the standards applicable to land, sea or air transport, or in breach of the agricultural or veterinary quarantine procedures in force in the State, or where the certificate contains incorrect data or forged or misleading supporting documents.
Article (12) Transfer or Assignment of Certificates
A Certificate shall be personal and may not be transferred or assigned to any person other than the person whose name appears therein, except in accordance with the provisions of this Law and its Executive Regulations. Any Certificate issued other than in the approved form by the National Management Authority shall not be recognized.
Article (13) Withdrawal, Cancellation, or Amendment of Certificates
The National Management Authority shall have the following powers:
1. Withdraw or cancel any Certificate it has issued at any time if it is established that it was issued based on incorrect or misleading data submitted by the applicant.
2. Amend any Certificate it has issued in accordance with the controls specified in the Executive Regulations.
Article (14) Retention of Certificates Used in Consignments
The National Management Authority shall retain Export and Re-Export Certificates used and issued by the competent authorities in foreign countries, together with the corresponding Import Certificates upon completion of the import requirements for any Specimen. Such Certificates shall be deemed invalid for any new import transaction, and a new and separate Certificate shall be obtained for each new Consignment.
Article (15) Appendix I Specimens
1. No Specimen of animal Species bred in captivity and listed in Appendix I shall be exported for Commercial Purposes unless it originates from a breeding operation registered with the National Management Authority and is individually and permanently marked in a manner that renders alteration or transfer difficult by any unauthorized person.
2. No Specimen of plant Species artificially propagated and listed in Appendix I shall be traded for Commercial Purposes unless it originates from a nursery registered with the National Management Authority.
Article (16) Disposal of Captive-Bred and Artificially Propagated Specimens
1. Specimens of animal Species produced through captive breeding and listed in Appendix I may be disposed of for non-commercial purposes.
2. Trade in Specimens of animal Species produced through captive breeding and listed in Appendices II and III shall be permitted upon obtaining a Certificate of Captive Breeding issued by the National Management Authority.
3. Dealings in Specimens of plant Species artificially propagated for non-commercial purposes and listed in Appendix I shall be permitted.
4. Trade in Specimens of plant Species artificially propagated and listed in Appendices II and III shall be permitted upon obtaining a certificate of artificial prpagation or a Phytosanitary Certificate issued by the Management Authority or by the competent authority in the exporting country, which shall suffice in lieu of an Export or Re-Export Certificate.
Article (17) International Trade with Non-Parties to the Convention
In conducting International Trade with a country that is not Party to the Convention, the National Management Authority may accept documentation comparable to that prescribed under this Law, provided that such documentation is issued by the competent authorities in that country, complies with the requirements of this Law, and is subject to the following controls:
1. Obtaining a valid prior Export Certificate issued by the Foreign Management Authority in the exporting country in the case of import of any Specimen listed in Appendices II and III.
2. Attaching a certificate from the Scientific Authority confirming that export of such species will not be detrimental to the survival of the Species, in the case of export of Specimens of Species listed in Appendix I.
3. Any other controls specified in the Executive Regulations of this Law.
Article (18) Entry and Exit of Consignments from the State
1. The import and Release of Specimens of Species listed in the Appendices of the Convention shall be permitted subject to the acceptance of a valid Export or Re-Export Certificate issued by the exporting country, provided that the data contained in the export or re-export certificate correspond to the data stated in the Import Certificate.
2. The export of Specimens of Species listed in the Appendices of the Convention to outside the State shall be permitted subject to the acceptance of valid Export or Re-Export Certificates, provided that the data contained in the export or re-export certificate correspond to the data stated in the Import Certificate.
3. A Consignment shall be deemed compliant with the provisions of the Law and the Convention when the data of the Consignment correspond with the data in the Certificate, following completion of Inspection and Release procedures for import Consignments, or Inspection procedures for exports or re-export Consignments, and endorsement thereof in the Certificate.
4. A Certificate shall be cancelled in the event of non-compliance with conditions specified by the National Management Authority for the Consignment.
5. In the event of non-compliance with or failure to fulfil any requirements and conditions, the Consignment shall be rejected and returned to the exporting country, and the exporting country shall be notified thereof. The owner of the Consignment shall bear all resulting expenses.
Article (19) Registration
1. A register shall be established with the National Management Authority in which all activities requiring registration under this Law shall be recorded. The Executive Regulations shall specify the conditions, controls, and procedures for registration.
2. Applications for registration shall be submitted by any person engaging in activities falling within the scope of this Law to the National Management Authority.
3. The National Management Authority may register personal Specimens in accordance with the conditions and controls specified in the Executive Regulations.
4. The National Management Authority may withdraw or cancel the registration of individuals or companies that fail to comply with the conditions and controls set forth in this Law and its Executive Regulations.
Article (20) Transit Specimens
1. No Certificate or document from the National Management Authority shall be required for Transit Specimens within the State.
2. Any Specimen in Transit may be subject to Inspection to verify the existence of a valid Export or Re-Export Certificate issued by the Foreign Management Authority of the exporting or re-exporting country.
3. Where there is suspicion that Specimens lack a valid Export or Re-Export Certificate, or that the accompanying documentation contains inaccurate data, the judicial enforcement officer shall suspend the Transit process and detain the Specimens. The National Management Authority shall notify the Concerned Authority or the Foreign Management Authority of the suspension of the Consignment and apply the procedures specified in the Executive Regulations in this regard.
4. In the case of Transit of Specimens accompanied by a Falcon Passport, such document shall be valid and issued by the Concerned Authority in the exporting or re-exporting country, in accordance with the Convention.
Article (21) Personal and Household Effects
The provisions of Article (7) of this Law shall not apply to dead Specimens, parts, or derivatives of Species listed in Appendix II which have been personally acquired for non-commercial purposes, provided that they constitute personal or household effects exempted in accordance with rules established by the National Management Authority, consistent with the Convention.
Article (22) Certificate of Ownership for Personal Specimens
1. The provisions of Article (7) of this Law shall not apply to live Specimens of Species listed in the Appendices where such Specimens constitute personal property, and the owner has obtained a Certificate of Ownership from the National Management Authority after fulfilling the conditions, rules, and procedures prescribed for the registration of such Specimens.
2. The Certificate of Ownership shall be used for personal purposes only.
3. The validity of the Certificate of Ownership shall be (3) three years from the date of Issuance.
4. The Certificate of Ownership may be used for crossing international borders an unlimited number of times during its validity in respect of countries that recognize its use.
Article (23) Proof of Lawful Possession
The burden of proving lawful possession of any Specimen of Species listed in the Appendices shall rest upon its possessor.
Article (24) Scientific Institutions
Scientific institutions shall not be required to obtain the Certificates referred to in Article (7) of this Law in cases of non-commercial loans, donations, or exchanges between registered scientists and scientific institutions registered with the National Management Authority in the State or with the Concerned Authority in their respective countries, in respect of herbarium specimens, preserved or dried specimens, museum specimens, or live plant materials bearing a label issued or approved by the Concerned Authority in the exporting country.
Article (25) Zoos and Circuses
The National Management Authority shall regulate the mechanisms for obtaining Certificates for zoos, circuses, animal and plant exhibitions, or any other travelling exhibitions in accordance with Article (7) of this Law, with respect to certain Specimens forming part of a travelling zoo, circus, animal exhibition, plant exhibition, or any other travelling exhibition.
Article (26) Obligations of Establishments and Veterinary Clinics
All establishments and veterinary clinics receiving any live Species or Specimen of Endangered Species listed in the Appendices shall verify the existence of the required documentation in accordance with the provisions of this Law and its Executive Regulations.
Article (27) Application of the More Severe Penalty
The application of the penalties prescribed in this Law shall not prejudice any more severe penalty provided for in any other law.
Article (28) Penalties
1. Any person who Imports, Exports, Re-exports, Introduces from the Sea, or attempts to do so in respect of any Specimen of any Species listed in Appendix I without obtaining a valid Certificate from the National Management Authority, or where such Certificate is not valid, shall be punished by imprisonment for a term of not less than (4) four years and a fine of not less than (AED 200,000) two hundred thousand dirhams and not exceeding (AED 2,000,000) two million dirhams, or by either of these two penalties.
2. In all cases, the court shall order confiscation of the seized items and assign the National Management Authority to dispose thereof.
3. The penalty shall be doubled in the event of recidivism, and deportation of a foreign national shall be ordered.
Article (29)
1. Any person who Exports, Re-exports, Introduces from the Sea, or attempts to do so in respect of any Specimen of any Species listed in Appendices II or III without obtaining a valid Certificate from the National Management Authority, or where such Certificate is not valid, shall be punished by imprisonment for a term of not less than (2) two years and a fine of not less than (AED 100,000) one hundred thousand dirhams and not exceeding (AED1,000,000) one million dirhams, or by either of these two penalties.
2. The same penalty shall apply to any person who Imports any Specimen of any Species listed in Appendix II without submitting an Export or Re-Export Certificate issued by the Concerned Authority of the exporting country.
3. In all cases, the court shall order confiscation of the seized items and assign the National Management Authority to dispose thereof.
4. The penalty shall be doubled in the event of recidivism, and deportation of a foreign national shall be ordered.
Article (30)
1. Any person who possesses, sells, or offers for sale by any means any Specimen of Species listed in the Appendices without carrying out the registration provided for in this Law shall be punished by imprisonment for a term of not less than one year and a fine of not less than (AED 100,000) one hundred thousand dirhams and not exceeding (AED 800,000) eight hundred thousand dirhams, or by either of these two penalties.
2. In all cases, the court shall order confiscation of the seized items and assign the National Management Authority to dispose thereof.
3. The penalty shall be doubled in the event of recidivism, and deportation of a foreign national shall be ordered.
Article (31)
1. Any person who submits incorrect information or forged or misleading documents to obtain a Certificate pursuant to the provisions of this Law shall be punished by imprisonment for a term of not less than (6) six months and a fine of not less than (AED 100,000) one hundred thousand dirhams and not exceeding (AED 200,000) two hundred thousand dirhams, or by either of these two penalties.
2. In all cases, the court shall order confiscation of the seized items and assign the National Management Authority to dispose thereof.
3. The penalty shall be doubled in the event of recidivism, and deportation of a foreign national shall be ordered.
Article (32)
1. Any person who alters, removes, or erases any mark used by the National Management Authority to identify a Specimen shall be punished by imprisonment for a term not exceeding (2) two months and a fine of not less than (AED 100,000) one hundred thousand dirhams and not exceeding (AED150,000) one hundred and fifty thousand dirhams, or by either of these two penalties.
2. In all cases, the court shall order confiscation of the seized items and assign the National Management Authority to dispose thereof.
3. The penalty shall be doubled in the event of recidivism, and deportation of a foreign national shall be ordered.
Article (33)
Any establishment or veterinary clinic that treats any Species or live Specimen of Endangered Species listed in the Appendices, without verifying the existence of the required documentation in accordance with this Law, shall be punished by a fine of not less than (AED 30,000) thirty thousand dirhams and not exceeding (AED150,000) one hundred and fifty thousand dirhams.
Article (34) Bearing of Financial Costs by the Offender
The offender shall bear all financial costs incurred as a result of seizure, including costs of placement under guard, transportation, and disposal of Specimens, or the costs of maintaining live animals and plants during the period of detention.
Article (35) Judicial Enforcement
The employees designated by a decision issued by the Minister of Justice in agreement with the Minister, or by a decision issued by the head of the local judicial authority in agreement with the head of the Concerned Authority, shall have the capacity of judicial enforcement officers to establish violations of the provisions of this Law, its Executive Regulations, and the resolutions issued in implementation thereof.
Article (36) Notification of the National Management Authority of Seizure Operations
The Concerned Authority that has seized any Specimens in violation of the provisions of this Law shall notify the National Management Authority of the seizure and deliver the seized items thereto in order to complete the required procedures in this regard.
Article (37) Implementation of the Law
1. The National Management Authority may seek the assistance of all entities within the State for the purpose of implementing the provisions of this Law, and such entities shall provide assistance with the utmost promptness upon request.
2. In implementing this Law, the National Management Authority shall coordinate with the Emirates Drug Establishment where any Specimen of the Species listed in the Appendices falls within the competence of that Establishment.
Article (38) Appendices of the Convention
The Minister shall adopt the Appendices and any amendments thereto, and they shall be published in the Official Gazette.
Article (39) Possession of a Specimen Prior to Its Inclusion in the Appendices
The Executive Regulations of this Law shall regulate the provisions governing the possession of a Specimen of Endangered Species prior to the inclusion of the relevant Species in the Appendices, as well as the conditions and controls necessary for its registration.
Article (40) Fees
The Cabinet shall, upon the proposal of the Minister and upon presentation by the Minister of Finance, issue a decision determining the fees prescribed for the implementation of the provisions of this Law.
Article (41) Executive Regulations
The Cabinet shall issue the Executive Regulations of this Law, upon the proposal of the Minister, within (6) six months from the date of its entry into force.
Article (42) Repeals
1. Federal Law No. (11) of 2002 Regarding the Regulation and Control of International Trade in Endangered Animals and Plants is hereby repealed, as well as any provision that contradicts or conflicts with the provisions of this Law.
2. The regulations and resolutions issued in implementation of Federal Law No. (11) of 2002, as amended, shall remain in force until the regulations and resolutions necessary for the implementation of the provisions of this Law are issued, insofar as they do not contradict its provisions.
Article (43) Publication and Entry into Force
This Law shall be published in the Official Gazette and shall enter into force on the day following the date of its publication.
Translated in cooperation with