Application of the Federal Offences and Penalties Act On foreign board Ships (exceptionally)

The provisions of the Federal Penal Code No. 31 of 2021 accordingly with maritime law apply to anyone who commits an offence in the country’s territory. The State’s territory includes its territory and every place under its sovereignty, including the territorial waters and airspace above it.

An offence is deemed to have been committed in the State’s territory if an act constitutes it or if it is or is intended to be a result.

Since this law applies to all offences committed in the territory of the State (land, territorial waters, air), as well as to aircraft and Ships flying the flag of the United Arab Emirates in any other territory

The Federal Offences and Penalties Act does not extend to foreign Ships, and this State’s law applies only in some cases as an exception, in which the Federal Offences and Penalties Act applies to offences committed on board foreign Ships, provided that the conventions and treaties to which the UAE is a party are not contrary that will involve an international lawyer into this matter

Both Exceptional And Legal Cases

These exceptional cases are provided for in article 19 of the Federal Penal Code in solidarity with Maritime Law.

Article 19. Offences committed on board foreign aircraft and Ships *:

Without prejudice to the conventions and treaties to which the State is a party, the provisions of this Law shall not apply to offences committed on board foreign Ships at one of the State’s ports or in its territorial sea.

Except in one of the following 5 cases:

1. If the effects of the crime will extend to the State.

2. If the offence is of its nature prejudicial to the security of the State, disrupts peace in the State or violates public morals and also wrong order in its ports or territorial sea.

3. If the master of the ship or the consul of the State whose flag it is flying requests aid from the local authorities.

4. If the offender or the victim is of the same nationality as the State.

5. If the ship carries items or objects prohibited from being traded, possessed or traded internationally.

Application of the Federal Criminal and Penal Code for offences committed

On board foreign aircraft all things considered (exceptionally)

Maritime Law

Article 19 of the Federal Criminal and Penal Code further clarifies this exception:

(For offences committed on board foreign aircraft in the airspace of the State, the provisions of this Act shall apply only if the plane lands at an airport.

After the commission of the offence, the offence of its nature disrupts peace in the State or violates its public order, or if the offence constitutes a violation of the regulations and regulations governing the movement of navigation in the State, or the master of the aircraft requests the assistance of the local authorities or the offender or the victim is a national of the State.