As part of its efforts to pursue excellence and continuously develop human capital, the Federal Tax Authority (FTA) has launched the Tax Professionals Qualification Initiative.
This ambitious programme aims to train a new generation of qualified tax experts, aligning with the Authority’s vision to invest in human capital and foster a work environment that encourages lifelong learning and development.
Designed to enhance the efficiency of the tax system and support the Authority’s strategy, the initiative is one of the FTA’s strategic projects aimed at strengthening the UAE tax sector.
It seeks to supply skilled professionals qualified to work in tax administration and to recruit top talents from university students and graduates.
Moreover, the initiative aims to improve performance, encourage continuous learning among Tax Agents, and enhance the efficiency of tax professionals. The Authority also aspires to raise tax awareness among community members through this initiative.
Khalid Al Bustani, Director General of the FTA, stated: “Launching the Tax Professionals Qualification Initiative aims to enhance the Federal Tax Authority’s pioneering role in developing talent and human resources in the UAE, training them to efficiently and effectively manage tax systems.
We strive to achieve these objectives by providing specialised and accredited training programmes rooted in best practices and international standards, in addition to offering advanced and continuous tax education.”
The initiative targets several groups, including new and current employees of the Federal Tax Authority, university students and graduates from government universities and tax specialists.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The world quickly learned that cybersecurity firm CrowdStrike was responsible for a crippling global tech outage on Friday. However, determining who will cover the cost of the damages might take significantly longer.
What one cybersecurity expert described as possibly the “largest IT outage in history” resulted in the cancellation of over 5,000 commercial airline flights worldwide and disrupted businesses from retail sales to package deliveries to hospital procedures, incurring losses in revenue, staff time, and productivity.
The issue stemmed from faulty code in CrowdStrike’s software “content update.” Unfortunately, rectifying the error proved far more time-consuming than causing it, and it could be days before all systems return to normal.
In a social media post late Sunday, CrowdStrike stated that a “significant number” of the approximately 8.5 million affected devices were back online and operational. They also issued another apology for the disruption.
While CrowdStrike has apologised, they have not indicated whether they plan to compensate affected customers. When questioned by CNN regarding potential compensation, their response did not address the matter.
Experts anticipate demands for remuneration and potentially lawsuits.
“If you’re a lawyer for CrowdStrike, you’re probably not going to enjoy the rest of your summer,” said Dan Ives, a tech analyst for Wedbush Securities.
Experts largely agree it’s too early to accurately estimate the financial impact of Friday’s global internet breakdown. However, costs could easily exceed $1 billion, said Patrick Anderson, CEO of Anderson Economic Group, a Michigan research firm specialising in estimating the economic cost of events like strikes and other business disruptions.
His firm estimates that a recent hack of CDK Global, a software firm serving US car dealerships, reached that $1 billion mark. Although that outage lasted much longer, about three weeks, it was confined to a single industry.
“This outage is affecting far more consumers and businesses, ranging from inconvenience to serious disruptions, resulting in out-of-pocket costs they can’t easily recover,” he said.
Anderson added that the costs could be particularly significant for airlines, due to lost revenue from cancelled flights and additional labour and fuel costs for the planes that did fly but faced significant delays.
Despite CrowdStrike’s prominence in the cybersecurity field, their annual revenue is just under $4 billion.
However, there may be legal protections for CrowdStrike in their customer contracts that shield them from liability, according to one expert.
“I would guess that the contracts protect them,” said James Lewis, a researcher at the Center for Strategic and International Studies.
Lewis referenced a recent case decided in favour of SolarWinds, another software company. A judge dismissed Securities and Exchange Commission charges against SolarWinds related to a Russian hack of federal government agencies in late 2020.
Lewis noted that in that case, SolarWinds faced charges for not disclosing its system’s vulnerabilities to an outside hack, not for damage caused by their own actions. Nonetheless, they won a dismissal.
Businesses affected by the outage are likely to find that traditional business interruption insurance won’t cover their losses, said Mark Friedlander, spokesman for the Insurance Information Institute.
Such policies typically require some form of physical damage to the business property for claims to be paid.
There is a separate policy for computer outages, known as Business Network Interruption policies, which might cover claims.
However, these policies sometimes only cover malicious hacks and exclude non-malicious computer issues like this one, he said.
Will Customers Stay?
It’s also unclear how many customers CrowdStrike might lose due to Friday’s incident.
Wedbush Securities’ Ives estimates less than 5% of its customers might switch to other providers.
“They’re such an entrenched player, moving away from CrowdStrike would be a gamble,” he said.
It will be challenging and costly for many customers to switch from CrowdStrike to a competitor. However, the real damage to CrowdStrike could be reputational, making it difficult to attract new customers.
“Today CrowdStrike becomes a household name, but not in a good way, and this will take time to settle down,” Ives said.
CrowdStrike CEO George Kurtz stated in an interview on Friday morning on CNBC that the firm has been focused on resolving the ongoing issues and that so far, he believes most customers have been understanding.
“My goal right now is to make sure every customer is back up and running,” he said. “I think many customers understand it’s a complex environment and staying one step ahead of the bad guys requires these content updates.”
Even if customers are understanding, it’s likely that CrowdStrike’s competitors will try to exploit Friday’s events to lure customers away.
“It’s a very competitive business. There will be salespeople from all the other companies saying, ‘This has never happened to us,’” said Eric O’Neill, a cybersecurity expert and former FBI counterintelligence operative.
“They’re an excellent company doing important work. I hope they survive this. If they don’t, the only winner will be the cybercriminals.”
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the UAE, employees who have completed more than one year of service are entitled to 30 days of annual leave per year, per Article 29(1)(a) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations. However, the employer has the discretion to decide the annual leave dates based on work requirements.
According to Article 29(4) of the UAE Employment Law, employers can fix the leave dates and rotate leaves among employees to ensure smooth work progress. Employees must be notified at least one month in advance of their leave dates.
If an employee does not return to work directly after the approved leave period without a valid reason, they are not entitled to a salary for the period of absence.
This is stipulated in Article 34 of the Employment Law, which states that an employee who does not return to work without a legitimate reason after their leave is not entitled to wages for the absence period following the end of the leave.
Furthermore, employers have the right to terminate an employee without notice if the employee is absent without a valid reason for seven consecutive days or 20 non-consecutive days in a year.
Article 44(8) of the UAE Employment Law provides that an employer may dismiss an employee without prior notice if the employee is absent without a legal cause for more than 20 interrupted days in a year or more than seven consecutive days.
Therefore, the approval of a leave extension is at the employer's discretion. If an employer has a valid reason, they may reject the extension request even if the employee has enough leave left.
If the employee extends their leave without approval, they risk losing their salary for the extended period and may face termination of employment.
However, if there are genuine reasons necessitating the extension, the employee should provide valid documentary evidence to the employer to justify the need for additional leave.
In the case of termination, the employee can challenge the decision if they have valid reasons and supporting documents for the leave extension without the employer's consent.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Calcutta High Court recently dismissed a case of voyeurism and stalking against a man who was charged by the police in 2016 on accusations of secretly photographing a woman from his residence.
Justice Bibhas Ranjan De noted that while observing and photographing a woman engaged in a private act constitutes voyeurism under Section 354C of the Indian Penal Code (IPC), the offence of stalking also requires specific elements to be established.
In this instance, the accusation was that the defendant had taken photographs of the complainant from his residence while she was standing on the road in front of her home.
“It is also alleged that when the complainant noticed a flash, the accused retreated into his building. Such allegations do not fall under any penal provisions either under Section 354C or 354D of the IPC in relation to the essential elements required to constitute those offences,” the Court stated.
In 2016, the woman had filed a complaint with the police alleging that when she and her daughter went to school, the market, or for private tuition, the accused would watch and follow them. It was also claimed that he would photograph her with his camera and phone.
Specifically, the complainant mentioned an incident where, while she was standing on the road outside her house, the accused was surreptitiously taking her picture. The complainant reported that he fled into his house when she noticed a flash.
Following the complaint, the police had registered a case of voyeurism and stalking against the accused.
Challenging this, the accused argued that the complainant had filed the case merely to “exert pressure on the developer to provide her with an additional car parking space to which she had no right, title, or interest.”
However, the complainant contended that the ongoing civil dispute did not exempt the accused from criminal proceedings. The State also argued that there was sufficient evidence to establish a prima facie case. The Court examined the provisions related to voyeurism and stalking and reached the following conclusions:
Regarding Section 354C of the IPC, the Court stated: "Section 354C of the IPC aims to protect the modesty and decency of women and to maintain public order. It seeks to create a secure environment for women in public places by penalising acts that infringe upon their modesty and instil fear. The provision should be interpreted broadly to achieve its objectives."
Similarly, concerning the offence of stalking under Section 354D of the IPC, the Court outlined:
Perpetrator’s Gender: Stalking must be committed by a man. The offence is gender-specific, involving a male perpetrator and a female victim.
Unwanted Contact: The man must attempt to contact or contact a woman against her wishes. This includes any form of communication, whether in person or electronic, where the woman has shown disinterest and the man continues to pursue contact.
Repetition: Stalking must involve a pattern of persistent and unwanted attention or contact. It is not a one-time event but a continuous pattern of behaviour.
Absence of Interest: There must be a clear indication of disinterest from the woman. This is crucial to demonstrate that the woman’s lack of consent or interest is evident, and that the man persists despite her objections.
In the present case, the Court found that no specific evidence had been gathered to establish any of the elements of the two offences against the accused. As a result, the Court dismissed the criminal proceedings and also rejected the complainant's petition for a speedy trial.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Bombay High Court recently ruled that mere association with Dawood Ibrahim, who has been designated a terrorist under the Unlawful Activities (Prevention) Act (UAPA), does not amount to membership of a terrorist gang or organisation.
A division bench consisting of Justice Bharati Dangre and Justice Manjusha Deshpande reasoned that since Ibrahim has been designated a terrorist solely in his "individual capacity", it is insufficient to invoke Section 20 on the grounds that an individual associated with him belongs to the D-gang/Dawood gang.
The Court clarified that UAPA includes separate provisions for the activities of individuals versus those of terrorist gangs or organisations.
"Section 20 prescribes punishment for being a member of a terrorist gang or organisation. In the present case, the evidence relied upon includes a Section 164 statement referring to Parvez Vaid (the petitioner) as a member of the D-gang.
In our view, this does not prima facie attract the offence under Section 20, as the amendment in Schedule IV designates Dawood Ibrahim Kaskar as a terrorist in his individual capacity. Therefore, mere association with him does not invoke the provisions of Section 20," the Court observed.
These remarks were made while addressing the petitions filed by Parvez Zubair Vaid and Faiz Shakeel Bhiwandiwala, who are accused in a case registered under the UAPA, the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and the Indian Penal Code.
Apart from the allegation of being a member of a terrorist organisation, they were also charged with conspiracy and raising funds for terrorist activities. Regarding the NDPS Act, an alleged recovery of 600 grams of ganja was made from Bhiwandiwala's premises. The accused had sought bail, arguing that there was no connection between them and the alleged offences.
In response, the Police admitted there was no material in the charge-sheet to support the invocation of Section 17 (Punishment for raising funds for terrorist acts) and Section 18 (Punishment for conspiracy, etc.), but defended the invocation of Section 20 UAPA. Some witnesses testified that they knew Vaid as a member of the D-Company, it was submitted.
The prosecution also highlighted a ₹25,000 transaction made by Parvez to an individual closely associated with Ibrahim.
After reviewing the evidence and noting that UAPA contains distinct provisions for individuals and organisations, the Court found that the statements were insufficient to warrant Section 20 charges against Vaid.
Regarding Bhiwandiwala, the Court found no evidence linking him to the 'D' gang.
Concerning the NDPS Act charges, the Court noted that only 600 grammes of ganja was recovered, which does not qualify as commercial or intermediate quantity, but only a small quantity. Thus, the bar on releasing Bhiwandiwala on bail under Section 37 of the NDPS Act was not an impediment, the Court observed.
"Mere sharing of images of narcotics or prohibited substances does not attract the provisions of the NDPS Act," it added.
With these observations, the Court granted bail to the accused.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
It was not a cyberattack, but the world nearly came to a standstill after a massive IT outage wreaked havoc on computer systems worldwide on Friday.
Planes were grounded, airports crowded with passengers waiting for their flights, ATMs ceased dispensing cash, supermarkets and petrol stations declined digital payments, and companies were forced to reboot after their computers crashed, displaying only the so-called 'blue screen of death'.
The system glitch stemmed from a defect found in a single content update for Microsoft Windows. The Falcon Sensor by US-based cybersecurity technology firm CrowdStrike, supposedly “purpose-built to stop breaches and prevent all types of attacks”-- including malware and more -- caused the outage. Systems restarted or shut down automatically.
George Kurtz, CrowdStrike CEO, has apologised for the global outage. “This is not a security incident or cyberattack. The issue has been identified, isolated, and a fix has been deployed," he said in a post on social media platform X on Friday.
Microsoft stated it had fixed the underlying cause of the outage that affected its 365 apps and services, while Mac and Linux hosts were not impacted.
Air travel was the most severely affected, with airports and major airlines around the world reporting delays following issues with their system networks.
According to preliminary data released at 2 pm on Friday (UAE time) by aviation analytics company Cirium, out of more than 110,000 scheduled commercial flights that day, 1,390 were cancelled globally, and the numbers were rising.
Across Asia, airports in Singapore, Bangkok, Hong Kong, India, and Manila were among those affected, with long queues seen at check-in counters. Major US air carriers, including Delta, United, and American Airlines, also grounded all flights, according to the US Federal Aviation Administration.
Bank transactions, hospital services, and financial markets were also disrupted.
Some online services by the UAE Government were affected, and Dubai International Airport (DXB) confirmed that their operations were temporarily impacted.
UAE residents, however, were assured that no hacks or cyberattacks were detected amid the large-scale technical failure on Friday. The UAE Cyber Security Council issued an alert urging users of CrowdStrike software to be wary of any software updates.
The Dubai Electronic Security Centre (DESC) also issued a statement assuring that it "acted quickly to avoid any impact on Dubai government services".
The General Civil Aviation Authority (GCAA) said the global technical glitch “had minor impacts on the operation of the country's airports and airlines. Minor delays were reported in the check-in processes for a limited number of flights, as an alternative system was used by the airlines, allowing the check-in operations to resume normally.”
Some residents were surprised as they did not expect some shops to switch to "cash-only" payments due to technical issues. Those buying groceries or refuelling their cars had to scramble for instant cash as card payments were not working. Others were unable to withdraw from ATMs.
Dubai-based IT expert Rayad Kamal Ayub, managing director of Rayad Group, said: “Tech experts in the coming days will analyse if this was a cyberattack or a blunder on the part of the company to have deployed an update without following the complete protocols of testing.”
“This is a wake-up call for most governments and multinationals about their vulnerabilities. This is a case of complete dependence on one company for their cybersecurity requirements,” he underscored. “In the next few weeks and months, cybersecurity experts and security professionals will have to look at backup options if the enterprise software and cybersecurity company get compromised again,” he added.
Irene Corpuz, founding partner and board member at Women in Cybersecurity Middle East, said, “I can sense that CrowdStrike will be called by the US Senate to explain.” “It was not a cyberattack, but businesses and companies were heavily affected. Residents also felt the impact. The card payment system crashed in some stores, and not everyone is carrying cash nowadays,” she added.
Corpuz said tech companies normally do testing in a test environment before deploying patches in a live environment. “However, we do not know the case of the update on CrowdStrike and the patch management policy (methodology used to ensure hardware and software on a corporate network are regularly maintained) used before it was deployed to a live environment.”
One thing is for sure, as Ayub pointed out the irony of the situation: “What was supposed to be a protector for cybersecurity has compromised us.”
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The General Pension and Social Security Authority (GPSSA) is pleased to announce that 17,304 Emirati citizens have registered as contributors under the new Federal Pension Law No. (57) of 2023.
This landmark legislation, which came into effect earlier this year, represents a significant advancement in the UAE’s ongoing efforts to enhance social security and provide robust pension benefits for its citizens.
The introduction of Federal Pension Law No. (57) of 2023 has been hailed as a major milestone in the UAE's social security landscape. This law, designed to provide comprehensive pension coverage to Emirati employees, has received a strong positive response from the community.
The GPSSA’s latest figures underscore the widespread acceptance and proactive participation of Emiratis in securing their financial future.
Federal Pension Law No. (57) of 2023 introduces several key features aimed at bolstering the pension system in the UAE. Among the highlights are:
* Enhanced Pension Benefits: The law offers improved pension benefits, ensuring that retirees receive adequate financial support.
* Extended Coverage: The law extends pension coverage to a broader segment of the Emirati workforce, including those in new and emerging sectors.
* Flexible Contribution Plans: The new regulations provide flexible contribution plans, allowing employees to choose options that best suit their financial situations.
* Strengthened Social Security Framework: The law strengthens the overall social security framework, providing a safety net for Emirati citizens and their families.
The GPSSA has been actively engaging with the community to raise awareness about the new law and its benefits. Through a series of workshops, seminars and media campaigns, the authority has ensured that Emirati citizens are well-informed and able to make educated decisions regarding their pension contributions.
The GPSSA continues to work tirelessly to ensure the successful implementation of Federal Pension Law No. (57) of 2023. With 17,304 contributors already on board, the authority is optimistic about the future and remains committed to providing exemplary service and support to all Emirati citizens.
As the UAE moves forward, the new pension law stands as a beacon of progress, reflecting the nation’s dedication to enhancing the well-being and financial security of its people. The GPSSA encourages all eligible Emiratis to take advantage of the opportunities provided by this landmark legislation and secure their futures through active participation in the pension system.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Abu Dhabi Judicial Department (ADJD) has urged residents to take advantage of its range of services before travelling. This includes settling any outstanding financial dues and ensuring there are no travel bans related to any court cases.
In an effort to educate the public during the summer holiday season, the ADJD has launched a campaign called “Enquire...and be reassured.” The campaign aims to introduce its travel-related services and encourage people to verify their legal status before leaving the country.
The department highlighted that individuals should use the “automatic cancellation of executive decisions system,” available on ADJD’s smart application or official website, to resolve any restrictions related to unpaid dues and ensure they have clearance to travel.
The department emphasised that checking one’s legal status before travelling is essential, as it contributes to a hassle-free journey and helps avoid any financial losses that may occur if the traveller is prevented from boarding the plane.
The ADJD facilitates and expedites the completion of all transactions, aligning with its strategic vision of providing prompt access to judicial services. This initiative aims to ensure the well-being of citizens and residents and to save time, effort and expenses.
When planning to travel abroad, it is necessary to check the validity of your passport and visa requirements for the intended destination, in addition to reviewing the instructions issued by the Ministry of Foreign Affairs on its website.
It is also good practice to familiarise yourself with the local laws of the destination country before travelling.
How to Check Travel Bans
The Dubai Police website offers a free service allowing individuals to check the criminal status of financial cases and any possible travel bans electronically, available round the clock.
This service is accessible to all members of society and requires the individual to enter their UAE-issued ID card number. The travel ban inquiry service is also available on the Dubai Police application.
In Abu Dhabi, the ADJD provides the “Inquire” electronic service, enabling individuals to check for any cases against them with Public Prosecution by entering their unified number. Individuals can also inquire about cases through the Federal Public Prosecution.
Before planning any travel, it is advisable to check and resolve any issues that may prevent a person from passing through passport control. If necessary, assistance from a lawyer should be sought. Contacting the nearest office of the General Directorate of Residency and Foreigners Affairs (GDRFA) or a local police station can also provide advice.
It is prudent to check the validity and machine-readability of your passport, as many countries do not accept non-electronic passports.
UAE citizens can verify the validity of their passports through the GDRFA Nationality Section, while expatriates can contact their home country’s embassy or consulate in the UAE.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Defending its decision to permit the entry of foreign law firms and lawyers into India, the Bar Council of India (BCI) has informed the Delhi High Court that this move will also benefit Indian lawyers.
In a detailed affidavit filed before the Delhi High Court, the BCI stated: "The proficiency standards of Indian lawyers are comparable with international standards, and the legal fraternity in India is unlikely to suffer any disadvantages if legal practice in India is opened up to foreign lawyers in a restricted, well-controlled, and regulated manner on the principle of reciprocity.
This would be mutually beneficial for lawyers from both India and abroad, and the impugned Rules are a step by the Bar Council of India in this direction."
The BCI further mentioned its intention to hold consultations with stakeholders to address concerns raised by Indian lawyers and law firms regarding the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
"The Bar Council of India is currently in the process of making necessary amendments to these Rules and Regulations to ensure reciprocity in both letter and spirit... These amendments aim to foster greater collaboration between foreign and Indian lawyers, contributing to a more inclusive and integrated legal system in India," the statement said.
Among the provisions being amended are those concerning reciprocity and the "fly-in, fly-out" model, which allows foreign lawyers to operate in India for a maximum of 60 days within any 12-month period.
"The 'fly-in and fly-out' entry will also be regulated. The Bar Council of India intends to implement these changes in accordance with observations from the apex court. The Bar Council recognises the necessity of specific amendments to current Rules and Regulations to ensure that the principle of reciprocity is upheld in both wording and intent," the statement added.
Pending stakeholder consultations, the BCI has assured a temporary halt to the process. The affidavit also highlights that these Rules will help position India as a hub for international commercial arbitration.
"If we delay action, India's legal community risks falling behind in providing legal and professional expertise in line with the rule of law, aligned with the best interests of our rapidly growing client base in India," the affidavit emphasised.
The BCI's response follows a Public Interest Litigation (PIL) filed by a group of lawyers challenging the BCI's March 10, 2023 notification allowing foreign lawyers to register and practice law in non-litigious matters in India.
The plea against the entry of foreign law firms is scheduled for hearing before the Delhi High Court on July 16. In its reply, the BCI argued that the petitioners misinterpreted the Supreme Court's judgment in Bar Council of India vs AK Balaji & Ors and the provisions of the Advocates Act, 1961, which empower the BCI to frame rules and regulations for the practice of law in India.
On June 28, 2024, Bar & Bench reported exclusively that the BCI is likely to notify and implement amended regulations governing the entry of foreign lawyers and law firms by the end of July. It was reported that initially, the Indian legal market will be opened to lawyers and law firms from the United Kingdom (UK) only.
This announcement came shortly after a meeting between the BCI, the Law Society and the Bar Council of England and Wales at the Law Society's Hall in London.
Following this report, Lalit Bhasin, President of the Society of Indian Law Firms (SILF), wrote to BCI Chairman Manan Kumar Mishra requesting a discussion on the amended rules before their notification.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
UAE residents keen on travelling to Europe "wasted" a staggering Dh16.8 million (€4.19 million) on rejected Schengen visa applications in 2023, according to a recent report.
The number of rejected visa applications from the Emirates last year stood at 22.44 per cent -- 25 per cent higher than the previous year, according to Schengen Visa Info, which claims to have guided "more than 280 million individuals" since 2013.
Up until 11 June 2024, the cost of a Schengen visa application was nearly Dh320 (€80). In addition to this, there are service fees that vary depending on the area. However, effective from June 11 this year, the European Commission announced a global increase in the cost of Schengen visas (visa type C) by 12 per cent.
The report states that UAE residents filed a total of 233,932 Schengen visa applications in 2023, which was an increase of 24.97 per cent compared to 2022.
Applicants from the country accounted for 2.27 per cent of all visa requests submitted globally, making it the 10th country with the most Schengen visa applications filed last year. They also spent a total of Dh74.9 million (€18.7 million) on Schengen visa applications.
The Schengen visa permits seamless travel across 27 European countries. Germany was the most favoured destination for expatriates applying from the UAE, with a total of 26,024 visa applications submitted for the country in 2023.
At the same time, it was Germany that rejected the most visa applications from the UAE -- 6,283 out of 26,024 visas were turned down. Lithuania received the least number of visa applications – 327 -- from the UAE.
UAE residents were granted a total of 177,213 Schengen visas in 2023, with Spain granting the most -- 20,843 -- with an approval rate of 80.09 per cent.
The easiest Schengen country to obtain a visa for from the UAE was Poland, with 90.61 per cent of 20,843 visa applications approved.
Indian travellers looking to visit Schengen countries faced major financial setbacks. According to the Schengen Statistics Portal, Indians lost a whopping Rs109 crore (approximately €12.1 million) due to rejected visa applications. Out of 966,687 applications submitted by Indians, 151,752 were denied.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A gang of four thieves targeting visitors at Dubai Mall was recently apprehended by an undercover team of police officers.
The team, composed of Dubai policemen in civilian clothes, was formed in response to a rise in pickpocketing in crowded areas frequented by pedestrians and tourists, particularly at tourist attractions like Dubai Mall.
The officers were tasked with blending into the crowd and monitoring the situation to ensure visitors' safety.
The gang, consisting of four men aged 23, 28, 45, and 54, were caught red-handed on March 6, 2024.
According to court documents, the gang meticulously planned their thefts. On the day of the incident, they targeted the dancing fountain area of Dubai Mall, exploiting the crowd's distraction.
They pretended to watch the fountain show while one member monitored the victim and two distracted her, allowing the fourth to steal her mobile phone from her bag.
They then fled in different directions to confuse the victim, but their crime was discovered on the spot, and they were arrested. However, the phone was disposed of before the arrest.
At the Dubai Criminal Court, judges established that the defendants had formed a criminal group to steal from people in busy areas like large shopping centres.
"Following a recent increase in pickpocketing in crowded places like Dubai Mall, undercover security teams were established," a police officer testified in court. The undercover officers observed and caught the defendants on the day of the theft.
They were also captured by surveillance cameras, which showed the men coordinating to distract the victim and steal her phone before dispersing to avoid detection.
The defendants denied the charges during the investigation and in court sessions held via remote communication.
However, the court found them guilty, sentenced them to one month in prison each, and ordered their deportation.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Have you recently received a traffic fine in the UAE that you believe is unjustified?
While the UAE boasts an efficient traffic management system, occasional errors or miscommunications can lead to incorrect penalties on your driving record.
If you genuinely believe your traffic fine is unfair, there's a straightforward method to dispute it.
Disputing Traffic Fines in the UAE
Despite the advanced technology and diligent workforce overseeing transportation operations, errors can still occur due to human oversight or machine malfunctions.
If you're convinced that you've been wrongly fined, you can formally request an investigation into the penalties associated with your vehicle or licence. To succeed in your dispute, you must provide evidence that you did not commit the violation.
Start by verifying the photograph of your vehicle's number plate, typically available on traffic fine check websites and promptly report any discrepancies to the relevant authorities.
Here's a breakdown of how to dispute traffic fines in different emirates:
Abu Dhabi
* Visit the Abu Dhabi Police e-complaints portal (TAMM).
* Search for and select the ‘Request a Grievance for Transport Violations’ service.
* Enter your vehicle details and personal information.
* Choose a convenient callback time and provide reasons for disputing the fine.
* Attach any available pictorial evidence. Authorities will review your dispute within 60 days of the fine issuance and reverse it if your claims are valid.
Dubai
* Visit the General Directorate of Traffic headquarters in Al Barsha and request to file a complaint in person.
* Alternatively, you can visit any police station to dispute Dubai traffic fines.
* You can also make complaints by calling +971-4-606-3555.
Sharjah
* Contact the Sharjah Police Traffic Department via WhatsApp at +971-6-517-7555.
* Use the MOI smartphone app (App Store/Google Play) to dispute Sharjah traffic fines.
* Log in with your UAE Pass account.
* Tap ‘Help’ and then ‘Complain.’
* Provide details explaining why you believe the fine is incorrect and submit.
* If your complaint is valid, the fine will be reversed.
Ajman
* File an appeal through the Ajman Police website or app (App Store/Google Play).
* Use your UAE Pass account to log in.
* Navigate to the ‘Traffic service’ and select ‘Objection on traffic penalty.’
* Enter incident details, including the ticket number and violation type.
* Explain your objection, attach relevant images, and submit.
* Ajman Police will review your appeal, and if your version of events is accepted, the fine will be reversed.
Fujairah, Ras Al Khaimah and Umm Al Quwain:
* Use the MOI app (App Store/Google Play).
* Log in with your UAE Pass account.
* Click on ‘Help’ and then ‘Complain.’
* Provide details of the violation and reasons for requesting a waiver.
* The traffic department may approve the appeal based on the evidence provided.
In conclusion, disputing traffic fines in the UAE is a straightforward process. If you believe an error has occurred, don't hesitate to appeal and rectify the situation.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Dubai Police have launched a free car inspection service for all private car owners until the end of August 2024.
This initiative, in collaboration with AutoPro centres across the UAE, aims to enhance road safety during the summer months, when accidents due to high temperatures are more common.
It also encourages motorists to ensure their vehicles are in optimal condition, thus reducing the likelihood of accidents and breakdowns.
Service Details
The free car inspection service covers a comprehensive check of essential vehicle components, including brakes, air conditioning, air filters, radiator, tyres, lights, battery health, fluid levels and engine health.
Inspections will be conducted at designated police stations and mobile inspection units across the city, ensuring accessibility for all residents.
How to Avail the Service
Motorists can take advantage of this service by visiting the Dubai Police website or their nearest police station to schedule an appointment.
The initiative is part of Dubai Police's broader strategy to promote road safety and reduce traffic-related incidents by ensuring vehicles on the road meet safety standards.
Community Impact
This initiative is expected to benefit a large number of residents, especially those who might otherwise neglect regular vehicle maintenance due to cost considerations.
By providing this service for free, Dubai Police aim to remove financial barriers and encourage a proactive approach to vehicle upkeep.
Brigadier Saif Muhair Al Mazroui, Director of the General Department of Traffic at Dubai Police, highlighted the importance of regular vehicle inspections in preventing accidents and ensuring the safety of all road users.
He urged all motorists to take advantage of this free service and contribute to safer roads in Dubai.
Conclusion
This proactive measure by Dubai Police not only underscores their commitment to public safety but also provides an invaluable service to the community.
By encouraging regular vehicle maintenance, the initiative aims to significantly reduce the risk of accidents, ensuring safer roads for all.
Motorists are urged to take full advantage of this free service before the end of August, reinforcing the importance of vehicle upkeep in enhancing road safety.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a landmark legislative move, the United Arab Emirates (UAE) unveiled Federal Law No. 4 of 2023, also known as the UAE Sports Law, heralding a new era of regulation and development in the country's burgeoning sports landscape.
This sweeping legislation represents a significant step forward in fostering inclusivity, integrity, and excellence across all facets of sports within the UAE.
The UAE Sports Law, enacted to streamline and regulate sports activities across federal and local levels, sets forth a comprehensive legal framework aimed at enhancing governance, promoting participation, and ensuring the integrity of sports.
It encompasses provisions for the organization of sports events, compliance with international standards, and the establishment of specialized bodies such as the UAE Sports Arbitration Centre (UAESAC) to resolve disputes swiftly and fairly.
At its heart, the law aims to boost sports participation rates and cultivate local sporting talent through structured development programs and enhanced infrastructure. This strategic approach is underscored by the National Sports Strategy 2031, which outlines ambitious goals to increase community engagement in physical activities and excel in professional sports on a global scale.
Central to the implementation of the UAE Sports Law is the UAE General Authority for Sports (GAS), established in 2008, which plays a pivotal role in overseeing and regulating a diverse array of sports disciplines including football, tennis, martial arts, and more.
GAS collaborates closely with various sports federations and organisations to promote sports excellence and ensure compliance with the law's provisions.
The law also mandates support for individuals with disabilities, guaranteeing accessibility and opportunities for participation in sports at all levels. This commitment reflects the UAE's dedication to inclusivity and equal representation within its sports community.
The enactment of Federal Law No. 4 of 2023 is set to have profound economic implications, positioning the UAE as a leading destination for international sporting events and investments in sports infrastructure.
With state-of-the-art facilities and a commitment to hosting prestigious tournaments such as Formula 1 races and international golf championships, the UAE aims to boost tourism and stimulate economic growth through sports-related activities.
Furthermore, the law reinforces the UAE's commitment to ethical conduct and fair play, administering penalties for violations such as match-fixing to uphold integrity and ensure compliance with international sporting regulations.
This regulatory framework not only safeguards the interests of athletes and stakeholders but also enhances the nation's credibility in the global sports arena.
Looking ahead, the UAE Sports Law represents a transformative milestone in the country's sporting journey, setting a precedent for other nations in the region and beyond. By prioritising talent development, promoting diversity, and fostering a competitive sports environment, the UAE aims to solidify its position as a global hub for sports innovation and excellence.
As the Middle East continues to emerge as a dynamic sports market, characterised by rapid growth and increasing international recognition, the UAE stands at the forefront of this evolution.
With a clear vision and strategic objectives outlined in the UAE Sports Law, the country is poised to shape the future of sports, offering unparalleled opportunities for athletes, enthusiasts, and investors alike.
In conclusion, Federal Law No. 4 of 2023 marks a significant milestone in the UAE's commitment to advancing its sports sector.
By embracing inclusivity, enhancing governance, and fostering a culture of excellence, the UAE Sports Law lays the groundwork for a thriving sports ecosystem that promises to leave a lasting impact on both national and global stages.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Intellectual Property (IP) constitutes a significant portion of the world's intangible assets, which have surpassed tangible assets in importance in today's world.
With the growing significance of IP, infringement has also risen substantially. Such infringing and pirated products account for about 2.5 per cent of world trade, valued at 464 billion in 2021.
In the UAE, there are four main types of IP rights: Trademarks, Copyrights, Patents and Trade Secrets. The penalties for their infringement are outlined under the respective Federal Laws governing these rights.
If your IP rights have been infringed, certain preliminary steps may be taken before proceeding to litigation. These are as follows:
* Evidence Gathering: It is crucial to gather evidence of the infringing act. Collect screenshots, product samples, or any other documents that clearly depict unauthorised use of your IP.
* Cease and Desist Letters: Once the evidence has been collected, a cease-and-desist letter must be sent to the infringer, prohibiting them from using your IP further and ordering them to destroy any and all infringing products.
* Alternative Dispute Resolution: If, after sending the cease-and-desist letter, the infringer continues the infringing activity, the last resort before pursuing litigation is to consider Alternative Dispute Resolution (ADR) mechanisms, including negotiation, mediation, or arbitration. Multiple ADR institutions across the globe specialise in IP ADR, including the WIPO Arbitration and Mediation Centre.
If the infringing activity continues even after the above steps have been taken, the final resort to enforce your IP rights would be to file a civil lawsuit against the infringing party.
There are a few common defences used in IP lawsuits to counteract infringement claims. It is important to be aware of these defences before pursuing litigation:
* Non-Infringement: The most common defence is that there has not been any infringing activity. Therefore, it is essential to collect as much evidence as possible of any instances of infringement you have noticed.
* Invalidity: The infringers may argue that your IP is invalid. Thus, it is imperative that your IP be registered in the prescribed manner and that you have all documentation supporting your registration, including the registration certificate and evidence of prior use.
* Fair Use: This is one of the trickiest defences to navigate. Many infringers may claim that their use of your IP falls under the exceptions granted under the Fair Use Doctrine, which allows for IP-protected material to be used for commentaries, parodies, criticisms, and some other non-commercial purposes.
* First Sale Doctrine: The First Sale Doctrine states that your IP rights are exhausted after the first sale, meaning you are not entitled to any profits made from any subsequent sales. However, there are some exceptions to this rule as well.
With this knowledge, you can proceed to litigation. Litigation is a lengthy and expensive process. The question that arises is: What are the possible outcomes of IP litigation?
* Injunctions: If the court finds that the defendant has indeed committed an infringing act, it could issue an injunction requiring them to cease all infringing activity.
* Damages: The court could further award you damages to compensate for the detriment caused by the infringing activity. Such damages often include the profits made by the infringer/defendant through such activities. The amount of damages is outlined in the Federal Laws.
For example, Article 49 of the Federal Decree-Law No. (36) of 2021 on Trademarks states that infringers may face a penalty of a fine ranging from Dh100,000 to Dh1,000,000 and/or imprisonment.
* Destruction of Infringing Material: The court may order that all infringing products be destroyed immediately to prevent any further use or sale.
* Dismissal: If the court finds that there has been no infringing activity on the part of the defendant, it may dismiss the case. However, there is the possibility to appeal to the Court of Appeals and further to the Court of Cassation.
IP rights play a pivotal role in fostering innovation and development, which is why it is imperative for an IP owner to take all necessary steps to register and protect their IP.
The UAE's legal framework provides robust protection for copyrights, trademarks, and patents, with severe penalties for infringement, including fines of up to Dh1 million and imprisonment.
In the case of infringement, it is extremely important to consult an experienced IP attorney to help build and argue your case.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The UAE Golden Visa programme has been a hot topic for many aspiring residents, offering long-term residency with numerous privileges.
This article delves into the details of the Golden Visa, including its benefits, eligibility criteria, the nomination process and notable Indian celebrities and businesspeople who have acquired it.
What is the Golden Visa?
The UAE Golden Visa is a long-term residency visa introduced in 2019. It allows foreigners to live, work, and study in the UAE without the need for a national sponsor and with full ownership of their business on the UAE’s mainland. The visa is issued for 5 or 10 years and is renewable.
How to Get a Golden Visa
The Golden Visa is available to various categories of individuals, including investors, entrepreneurs, specialised talents, researchers, and outstanding students. Here's a breakdown of the key categories:
Investors
* Public Investments: Must deposit a minimum of Dh2 million in an accredited UAE investment fund. Alternatively, they can present a commercial or industrial licence with a capital of no less than Dh2 million and contribute at least Dh250,000 annually to the government.
* Real Estate Investors: Must own property or properties valued at a minimum of Dh2 million. The property can be mortgaged, provided the loan is from an approved local bank.
Entrepreneurs
* Entrepreneurs need to own an economic project of a technical or future-oriented nature with a minimum value of Dh500,000. They must obtain approval letters from an auditor, the relevant emirate authorities, and an accredited business incubator in the UAE.
Specialised Talents
* Doctors and Scientists: Require an approval letter from the Ministry of Health and Prevention (for doctors) or a recommendation from the Emirates Council of Scientists (for scientists).
* Inventors: Need a recommendation letter from the Ministry of Economy validating their patent's economic value.
* Creative Individuals: Must have an approval letter from the respective emirate's Department of Culture and Arts.
* Executive Directors: Must hold a bachelor's degree, have at least five years of experience, earn a minimum salary of Dh50,000, and have a valid work contract.
Outstanding Students
* High School Students: Must be national-level toppers with a minimum grade of 95% in secondary school and recommendation from the Ministry of Education.
* University Students: Must graduate from a university rated among the top 100 globally with a GPA of at least 3.5, and it should not be more than two years since graduation.
Pioneers of Humanitarian Work
* Must have worked for international organisations, civil associations, or as humanitarian financiers with a minimum contribution of Dh2 million. Recognition through awards or recommendations from relevant bodies is required.
Frontline Heroes
* Frontline workers such as nurses, lab technicians, and other medical professionals who have shown exceptional service, particularly during crises like the COVID-19 pandemic, may also be eligible with a recommendation from a competent local government entity.
Privileges of Having a Golden Visa
Holding a UAE Golden Visa comes with several benefits:
* Long-term residency: Up to 10 years, renewable.
* Business ownership: 100 per cent ownership of businesses on the mainland.
* Family sponsorship: The visa holder can sponsor their spouse, children, and parents.
* Stability and security: Assurance of long-term residency regardless of employment status.
Indian Celebrities and Businesspeople with Golden Visas
Several high-profile Indian personalities have received the UAE Golden Visa, highlighting the programme's attractiveness:
Shah Rukh Khan: The Bollywood superstar was among the first Indian celebrities to receive the Golden Visa.
Sanjay Dutt: The actor received the Golden Visa, expressing his gratitude for the honour.
Boney Kapoor: The producer was granted the visa in recognition of his contributions to Indian cinema.
Murali Kartik: The former Indian cricketer also holds a Golden Visa, symbolising the UAE’s appreciation of sports personalities.
How Can One Get a Golden Visa?
Even if you don't fit into the high-profile categories, you can still be eligible for the Golden Visa. Here’s a step-by-step guide to starting your nomination:
Check Eligibility: Ensure you meet the criteria under one of the categories (investors, entrepreneurs, specialised talents, or outstanding students).
Prepare Documentation: Gather all required documents, such as passports, investment proofs, business licences, and academic certificates.
Apply Online: Visit the official UAE government portal or the Federal Authority for Identity and Citizenship (ICA) website to submit your application.
Nomination and Review: Your application will be reviewed, and you may be contacted for additional information or an interview. In some instances, individuals might receive pre-approval or nomination from UAE authorities. Nevertheless, if you're not pre-approved, you still have the option to nominate yourself.
Approval and Issuance: Upon approval, you will receive your Golden Visa, allowing you to enjoy the numerous benefits it offers.
The UAE Golden Visa offers an exceptional opportunity for long-term residency, business ownership, and family stability in one of the world's most dynamic regions.
Whether you are an investor, entrepreneur, specialised talent, or outstanding student, the path to securing this prestigious visa is accessible with the right preparation and understanding of the process.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Shaming a victim and her family must not be allowed as tools of legal strategy in cases of sexual offences against minors as it deters them from reporting such offences to the authorities, the Delhi High Court has said.
Upholding the three-year jail term awarded to a house help for secretly recording objectionable videos of the minor daughter of his employer on his mobile phone, Justice Swarana Kanta Sharma also discouraged taking a “lenient view” in such cases.
She asserted that judicial pronouncements that recognise the profound impact of voyeurism put a “healing balm” on the wounds of victims of such harassment and assault.
The accused challenged his conviction by the trial court in an appeal before the high court on several grounds including that the videos were prepared and planted by the father of the victim because he did not want to pay his salary.
Terming the contention “insensitive” and “unthinkable”, Justice Sharma said the court must uphold the dignity and rights of not only the child victims but also their families, and that the justice system has a paramount duty to protect the most vulnerable, particularly children, from any form of secondary trauma caused by unjust accusations or demeaning narratives.
“The Court must, therefore, take a firm stand against any attempts to malign the character of child victims or use victim shaming and victim family shaming as tools and pawns in legal strategies. Victim shaming and victim’s family shaming must not be allowed as it will be a deterrent and road block in the real victims reporting such offences to the authorities,” said the court in its judgement passed on July 1.
The court held that the material on record and the testimonies of the witnesses clearly established the case of the prosecution that the appellant had made three objectionable videos of the victim and the trial court rightly convicted him under Sections 354C (voyeurism) and 509 (word, gesture or act intended to insult the modesty) IPC, and under Section 12 (punishment for sexual harassment) of the POCSO Act.
The court also refused to reduce the punishment of three-year imprisonment, saying if the accused was a young man of 22 years of age at the time of incident, the victim was also 17 years old when she suffered a “life-long trauma” within the safety and privacy of her own home.
“The appellant had stealthily recorded videos, an act beyond imagination or expectation of the child victim or her family. This trauma severely impacted her ability to concentrate on her studies and career, ultimately leading her to leave the country for higher studies as she could not continue in the same place where she had been a victim of sexual harassment,” the court observed.
The court said it “shudders to think” if the videos were shared by the appellant or were misused by him in any other manner.
“Taking a lenient view in such cases will also discourage the real victims of such offences. The judiciary helps set societal norms and expectations regarding the protection of children by consistently condemning voyeuristic acts and emphasising the sanctity of a child’s privacy and dignity,” said the court as it dismissed the accused’s appeal.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a significant escalation of efforts to apprehend Ruja Ignatova, notorious for her role in the OneCoin cryptocurrency scam, US authorities have increased the reward for information leading to her arrest to £4 million.
Ignatova, a Bulgarian-born German national, has been on the run since 2017 when she disappeared amid mounting investigations into her £3.3 billion fraud scheme.
Matthew Miller, spokesperson for the US State Department, underscored the gravity of Ignatova's alleged crimes, labelling them as among "the largest global fraud schemes in history." The reward increase, part of the Transnational Organised Crime Reward Programme, reflects the seriousness with which US authorities are treating the case.
Ruja Ignatova, also known as the "Cryptoqueen," orchestrated one of the largest cryptocurrency scams in history through a fraudulent scheme known as OneCoin. Here are the detailed aspects of her alleged crimes:
Creation of OneCoin: Ignatova founded OneCoin in 2014, presenting it as a legitimate cryptocurrency akin to Bitcoin. However, unlike Bitcoin and other genuine cryptocurrencies that operate on blockchain technology, OneCoin operated on a centralised platform without a genuine blockchain.
False Promises and Pyramid Scheme: Ignatova and her associates aggressively promoted OneCoin, promising investors high returns and significant profits through its multi-level marketing structure. Investors were misled into believing that OneCoin held promising prospects and substantial market value, despite lacking any genuine technological basis or transparency.
Global Fraud: OneCoin was marketed globally, targeting investors across Europe, Asia, Africa, and the Americas. The scheme allegedly defrauded investors of billions of dollars, with estimates suggesting losses exceeding $4.5 billion.
Legal and Regulatory Issues: As suspicions mounted and investigations intensified, authorities in numerous countries began scrutinising OneCoin. By 2017, investigations by law enforcement agencies, including the FBI, uncovered the fraudulent nature of OneCoin, resulting in legal actions against Ignatova and her associates.
Ruja Ignatova's alleged crimes illustrate the risks associated with unregulated financial schemes and the importance of due diligence in investing, particularly in emerging sectors like cryptocurrency. Her case has underscored the need for stronger regulatory oversight and investor protection in the digital currency space.
Ignatova's case marks a rare instance where a woman has been targeted under the US reward programme, standing alongside high-profile targets like Daniel Kinahan, implicated in European drug cartels, Semion Mogilevich, an alleged Russia-based crime boss, and Yulan Adonay Archaga Carías, known as "Porky," a senior member of the MS-13 gang in Honduras.
The pursuit of Ignatova has garnered international attention, with legal experts noting the intricate legal challenges surrounding extradition and international cooperation in financial crime cases of this magnitude. Authorities continue to urge individuals with pertinent information on Ignatova's whereabouts or activities to come forward, emphasising the substantial reward as an incentive for cooperation.
The saga surrounding Ruja Ignatova, dubbed the "Cryptoqueen," underscores the complexities and international dimensions of modern financial crimes, resonating deeply within both the cryptocurrency community and law enforcement circles worldwide.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The National Football League (NFL) is facing a significant legal challenge as a coalition of former players and their families have filed a lawsuit in federal court, alleging that the league failed to adequately protect its players from the long-term health risks associated with concussions and other head injuries.
The lawsuit, filed in the US District Court for the Southern District of New York, accuses the NFL of negligence and fraud, claiming that the league had been aware of the dangers of repetitive head trauma for decades but deliberately downplayed the risks to players. The plaintiffs contend that the NFL prioritised profits and entertainment value over the health and safety of its athletes.
According to the complaint, the plaintiffs are seeking compensation for medical expenses, lost wages, and pain and suffering, as well as punitive damages. The lawsuit also calls for the establishment of a medical monitoring program for current and former players to ensure early detection and treatment of neurological disorders.
John Doe, a former linebacker and one of the lead plaintiffs in the case, spoke at a press conference announcing the lawsuit. "We dedicated our lives to this game, and we trusted the NFL to look out for us," Doe said. "But instead, they turned a blind eye to the evidence and put us in harm's way. It's time for the league to take responsibility for the damage they've caused."
The lawsuit highlights several key pieces of evidence, including internal NFL documents and emails that purportedly show the league's knowledge of the risks associated with concussions and chronic traumatic encephalopathy (CTE), a degenerative brain disease found in many former football players. The plaintiffs also point to recent research linking repeated head injuries to severe cognitive and behavioural problems later in life.
In response to the lawsuit, the NFL released a statement expressing sympathy for the players and their families but denying any wrongdoing. "Player safety has always been a top priority for the NFL," the statement read. "We have implemented numerous protocols and programmes to protect our players and will continue to do so. We believe this lawsuit is without merit, and we will vigorously defend against these claims."
This legal battle is not the first of its kind for the NFL. In 2013, the league reached a $765 million settlement with thousands of former players who had filed a similar lawsuit over concussion-related injuries. However, critics argue that the settlement did not go far enough in addressing the needs of affected players and their families.
Legal experts suggest that this new lawsuit could have far-reaching implications for the NFL and professional sports as a whole. "If the plaintiffs are successful, it could open the door for more lawsuits and potentially lead to significant changes in how sports leagues handle player safety," said Dr Jane Smith, a professor of sports law at Columbia University.
As the case moves forward, it is expected to draw considerable attention from the media, fans, and the broader sports community. With the health and well-being of current and former players at stake, the outcome of this lawsuit could have a lasting impact on the future of professional football in the United States.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Public and private sector workers in the UAE will be granted a public holiday on Sunday to mark the Islamic New Year, the Ministry of Human Resources and Emiratisation has announced.
Public and private sector employees are typically afforded the same number of holidays each year. The Islamic, or Hijri, New Year heralds the beginning of Muharram, the first of the 12 months on the Islamic calendar.
It will be observed across the Emirates on Sunday.
As with other Islamic holidays, the day Muharram is marked changes yearly, based on the lunar cycle.
In contrast to Eid Al-Fitr and Eid Al-Adha, no religious observances are prescribed for the Islamic New Year. It is generally regarded as a day of reflection rather than celebration.
Remaining Holidays for 2024
Prophet Mohammed's Birthday: The holiday is typically a time for quiet reflection rather than celebration, with festivities scaled back.
The UAE Cabinet previously confirmed this year's public holiday for the occasion would be observed on September 29.
Last year, President Sheikh Mohamed paid homage to an “inspirational legacy of kindness” on Prophet Mohammed's birthday. The UAE leader said the Prophet's “timeless values” continue to be a guiding light for society.
Commemoration Day: Commemoration Day, also known as Martyrs Day, pays homage to Emirati soldiers who have lost their lives in the line of duty. It is typically marked with a minute's silence in honour of those who died in service.
Last year, Commemoration Day was observed on November 30, with a public holiday on December 1.
The late President Sheikh Khalifa introduced Commemoration Day in 2015.
It originally took place on November 30 to commemorate the death of Salem Khamis, who died on the same date in 1971 fighting against Iranian forces on the island of Greater Tunb. He is thought to have been the first Emirati to be killed in military service since the formation of the UAE that year.
National Day
The UAE unites each December to celebrate the rise of a nation that is called home by more than 200 nationalities.
A spectacular live show is typically the centrepiece of colourful festivities held in all seven emirates.
Citizens often display their patriotic pride by flying the UAE Flag from their cars, which are also emblazoned with the nation's colours and decorated with images of Emirati leaders.
In 2022, a stunning 51st National Day show staged at the Abu Dhabi National Exhibition Centre celebrated the best of the nation and showcased its grand ambitions for the next 50 years.
An extravaganza of dancers, live music and performances – as well as the arrival of an Etihad Rail passenger train – delivered a taste of Emirati heritage and a snapshot of how the UAE will be shaped in the coming years.
The UAE Cabinet has announced this year's National Day public holiday will be held on December 2 and 3.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A UK jury convicted child serial killer Lucy Letby of attempting to murder another baby girl at the hospital neo-natal unit where she worked.
It comes nearly a year after a different jury convicted the former nurse of murdering seven newborn babies and attempting to kill six others, making her Britain's most prolific child serial killer in modern history.
Letby, 34, faced a retrial at Manchester Crown Court for the attempted murder of the baby girl, referred to in court as Child K, at the Countess of Chester Hospital in northwest England in 2016.
Jurors at her original trial last year failed to reach a verdict on that charge.
However, the jury hearing the case this time took just over three hours to reach their unanimous guilty verdict.
Letby, who is already serving a whole-life prison sentence and was earlier this year refused an appeal bid, will be sentenced for the latest offence on Friday.
During the re-trial, jurors heard that the former nurse was "caught virtually red-handed" by a senior consultant as she displaced Child K's breathing tube.
The prosecution detailed how the consultant paediatrician walked into the unit's intensive care nursery room and saw Letby standing next to the incubator "doing nothing", as the infant's blood oxygen levels dipped.
The jury was also told of Letby's convictions last August of the other murders and attempted murders between 2015 and 2016.
Reporting restrictions prevent publication of the identities of the surviving and dead children in the cases.
Appearing in the witness box last month, Letby denied attempting to murder or harm Child K, or any baby ever in her care.
Child K was transferred to a specialist hospital later the same day because she was born extremely prematurely.
She died there three days later. The prosecution has not alleged Letby caused her death.
The young girl's parents thanked the jury and said "justice has been served". "But this justice will not take away the extreme hurt, anger and distress that we have all had to experience," they added.
"It also does not provide us with an explanation of why these crimes have taken place," a statement read.
Letby, from Hereford, western England, was arrested and then charged in 2020 following a string of baby deaths at the hospital's neo-natal unit.
The prosecution at her first trial said she attacked her vulnerable prematurely born victims, often during night shifts, by either injecting them with air, overfeeding them with milk or poisoning them with insulin.
A public inquiry into events at the hospital unit will start to hear evidence in September.
Cheshire Police said Tuesday that a "complex and sensitive" corporate manslaughter probe into the hospital -- launched following Letby's convictions last year -- was ongoing alongside the original investigation into the ex-nurse.
It is "considering areas including senior leadership and decision-making to determine whether any criminality has taken place," Detective Superintendent Simon Blackwell said.
"At this stage we are not investigating any individuals in relation to gross negligence manslaughter," he added.
Meanwhile, the continuing probe into Letby includes a review of 4,000 baby admissions during a four-year period when she worked at the Chester hospital and at the Liverpool Women's Hospital.
Detective Superintendent Paul Hughes said only cases "highlighting any medical concern" will be further reviewed.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Passengers and crew of a British Airways flight taken hostage in Kuwait in 1990 have initiated legal proceedings against the UK government and the airline, as announced by a law firm on Monday.
The incident involved BA flight 149, which was en route to Kuala Lumpur and landed in Kuwait on August 2, 1990, just hours after Iraq's leader Saddam Hussein invaded the country.
The 367 passengers and crew members were subsequently held captive for over four months, with some being used as human shields during the Gulf War.
A total of 94 former hostages have filed a civil lawsuit in the High Court in London, accusing the UK government and British Airways of "deliberately endangering" them. McCue Jury & Partners, the law firm representing them, stated that all claimants experienced severe physical and psychological trauma, the effects of which persist.
The lawsuit alleges that the UK government and British Airways were aware of the invasion before allowing the flight to land. It claims the flight was used to "insert a covert special ops team into occupied Kuwait."
Barry Manners, a claimant who was on the flight, stated, "We were not treated as citizens but as expendable pawns for commercial and political gain." He hopes the lawsuit will help restore trust in the political and judicial system after years of alleged cover-up and denial.
Documents released by the British government in November 2021 indicated that the UK ambassador to Kuwait had informed London of the Iraqi invasion before the flight landed, but this information was not relayed to British Airways.
There have been further allegations that the UK government knowingly endangered passengers by using the flight to deploy undercover operatives and delaying its take-off to facilitate this. The government has denied these claims and declined to comment on the ongoing legal proceedings.
British Airways has consistently denied allegations of negligence, conspiracy, and cover-up. The airline did not respond to a request for comment from AFP but previously stated that the records released in 2021 confirmed they were not warned about the invasion.
McCue Jury & Partners had announced in September their intention to file the lawsuit, suggesting that the hostages might seek an estimated average of £170,000 ($213,000) each in damages.
In 2003, a French court ordered British Airways to pay 1.67 million euros to French hostages from the flight, citing a "serious failure" in their obligations by landing the plane.
The airline did not respond to AFP's request for comment but stated last year that records released in 2021 "confirmed British Airways was not warned about the invasion."
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Ministry of Human Resources and Emiratisation (MoHRE) has announced that June 30 is the final deadline for achieving Emiratisation targets for the first half of 2024.
These targets require a 1% increase in the number of UAE citizens in skilled positions at companies with 50 or more employees, as per the Council of Ministers' decisions.
In a press release, the ministry stated that from July 1st onwards, it will begin assessing companies' compliance with these targets and will impose financial penalties on those that fail to meet the requirements.
The ministry praised companies that have met the growth targets, highlighting the importance of registering Emirati employees in a pension fund and the Wage Protection System (WPS). It urged these companies to maintain the achieved growth rates by June 30.
Expressing confidence in companies' ability to meet their commitments amid the UAE's rapid economic development, the ministry noted the significant contributions of Emirati citizens in the private sector.
Additionally, the ministry encouraged companies that have not yet met their targets to use the Nafis Programme’s digital platform. This platform provides access to a large pool of qualified Emirati job seekers across various fields.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A woman, who stabbed her boyfriend three times after he refused to hand over his mobile phone so she could check his chats, has been sentenced to six months in prison.
The incident occurred on August 20, 2022 at their shared apartment in Dubai’s Al Muraqqabat area. According to the Dubai court verdict, the Thai national and the Arab victim were in a romantic relationship and frequently faced conflicts. On the day of the incident, she saw her boyfriend in the kitchen, engaged in a voice chat with another woman.
When she questioned him about the call, he did not respond, prompting her to demand his phone. After his refusal, she attempted to seize the mobile phone by force but was unsuccessful. At that point, her boyfriend struck her on her left eyebrow.
The woman then grabbed a kitchen knife and warned her boyfriend that she would stab him if he hit her again. As he tried to disarm her, she stabbed him three times.
Her boyfriend managed to leave the kitchen but collapsed in the bathroom, bleeding from his chest. Overcome with fear upon seeing the blood, she called the police and reported the incident, seeking medical help for him.
Emergency services arrived, and the man was taken to Rashid Hospital, where he was treated for three stab wounds -- two to his chest and one to his left forearm.
The forensic report confirmed that the man sustained three stab wounds, including a deep, life-threatening chest wound that caused significant internal bleeding and required extensive medical treatment.
During the prosecution investigation, the woman admitted to an attempted murder charge and explained that she did not intend to kill him but only wanted to protect herself after he assaulted her. She repeated the same explanation to the judges.
In light of the evidence, the court concluded that the woman’s actions constituted intentional bodily harm rather than attempted murder.
The court noted that she ceased her assault after the initial stabbing and sought help for the victim, indicating a lack of intent to kill. Consequently, she was found guilty of assault, not attempted murder, and sentenced to six months in prison. The woman will be deported after serving her sentence.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the fast-paced and competitive world of business, trust is paramount. Crimes in the workplace can take various forms, but one of the most insidious is the creation and misuse of deceptive documents by employees, particularly those in managerial positions.
The impact of these crimes can be profound for the company. Therefore, this article will focus on breach of trust, embezzlement of funds, forgery and fraud perpetrated against employers by employees.
Forgery
Forgery is a serious concern with significant societal implications. It involves the creation of a false instrument intended to deceive others into accepting it as genuine, thereby causing harm.
Under Article 251(4) of the Crimes and Penalties Law, forging a document or falsely attributing it to a third party constitutes forgery. UAE law imposes strict penalties, including temporary imprisonment for up to 10 years, for misappropriating fake official documents. The effects of forgery extend beyond immediate financial losses; forged documents can lead to severe consequences for employers.
Embezzlement of Funds
Embezzlement refers to the dishonest appropriation by an employee of money or valuables entrusted to them by their employer. The UAE Penal Code outlines severe consequences for those misusing their positions within a company.
It stipulates that individuals who unlawfully seize company papers or funds through misuse of office can face temporary imprisonment. Additionally, using forged documents exacerbates the penalty to a minimum of five years' imprisonment.
Thus, employees guilty of embezzling funds or misappropriating company papers may face imprisonment. Consequently, embezzlement damages the company's reputation, undermining trust among clients, investors and stakeholders, thereby jeopardising business opportunities and tarnishing the company's image.
Fraud
Fraud involves knowingly or recklessly making false representations through statements or conduct to gain a material advantage. Within companies, fraudulent activities encompass unethical practices such as misappropriation of assets or falsification of documents.
Employee fraud against employers poses a significant threat to company stability, involving deceptive actions aimed at personal gain. According to the Crimes and Penalties Law, individuals unlawfully taking property or using deceitful means for personal benefit can face imprisonment or fines.
Breach of Trust
Breach of trust occurs when a person in a position of responsibility, such as a trustee, fails to fulfil their duties, thereby betraying the trust placed in them.
This betrayal often results in harm or loss to the company. Breach of trust can lead to financial losses and damaged reputations, ultimately affecting the company's standing.
Under Article 453 of Federal Decree-Law No. 31 of 2021, individuals misappropriating entrusted money or documents to the detriment of the rightful owner can face imprisonment or fines.
For instance, a manager creating documents on behalf of the company and subsequently delegated to employees who misuse them could result in liability and subsequent damages for the company, potentially leading to imprisonment or fines for those involved.
Conclusion
Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law) safeguards employers against fraudulent actions by employees, which pose significant risks to companies. Understanding the severe penalties outlined in this law serves as a strong deterrent, discouraging involvement in criminal activities.
The law aims not only to protect employers but also to ensure that individuals engaging in fraud face appropriate consequences.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Karnataka High Court recently highlighted that India's anti-trafficking law does not penalise sex workers or trafficking victims compelled into prostitution.
In a ruling on June 10, Justice M. Nagaprasanna clarified that the Immoral Traffic (Prevention) Act (ITPA) aims not to penalise sex workers but rather to target those who traffic women or girls for exploitation in prostitution.
"The purpose or the object of the Act is not to abolish prostitution or the prostitute. There is no provision under the law that penalises a victim who indulges in prostitution. What is punishable is sexual exploitation for commercial purposes and earning or making a living from it against such person/s," the Court said.
The Court also highlighted a similar observation made by the Bombay High Court, which emphasised that allowing the police to prosecute victims (sex workers) under the ITPA would constitute an abuse of the law.
The Court made this observation while dismissing criminal proceedings against a woman (petitioner) who had been implicated in an ITPA case in 2013. The woman was accused of being part of a group of girls who were allegedly paid ₹10,000 each to be coerced into prostitution.
The incident occurred while the girls were being transported from Udupi to Goa, and their vehicle was intercepted by authorities.
Case Brief
In the said matter, the petitioner approached the High Court seeking to quash the case filed against her under Section 5 of the ITPA, which pertains to procuring, inducing, or taking a woman or girl for the purpose of prostitution.
During the course of the hearing, the petitioner's counsel argued that she was a victim of prostitution and therefore should not face prosecution. In response, the state argued that regardless of her victim status, the petitioner cannot approach the High Court 10 years after the case was filed. The state maintained that she should undergo trial and prove her innocence.
However, the Court granted the petitioner relief after noting that Section 5 of the ITPA only punishes persons accused of procuring or attempting to procure a woman or a girl for prostitution and does not penalise the victims.
Thus, the Court allowed the petition and quashed the proceedings pending against the petitioner.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
WikiLeaks founder Julian Assange walked free on Wednesday from a court on the US Pacific island territory of Saipan after pleading guilty to violating US espionage law, in a deal that will see him return home to Australia.
His release ends a 14-year legal saga in which Assange spent more than five years in a British high-security jail and seven years in asylum at the Ecuadorean embassy in London, battling extradition to the US, where he faced 18 criminal charges.
During the three-hour hearing, Assange pleaded guilty to one criminal count of conspiring to obtain and disclose classified national defence documents but said he had believed the US Constitution's First Amendment, which protects free speech, shielded his activities.
"Working as a journalist I encouraged my source to provide information that was said to be classified in order to publish that information," he told the court. "I believed the First Amendment protected that activity but I accept that it was ... a violation of the espionage statute."
Chief US District Judge Ramona V. Manglona accepted his guilty plea and released him due to time already served in a British jail. "We firmly believe that Mr Assange never should have been charged under the Espionage Act and engaged in (an) exercise that journalists engage in every day," his US lawyer, Barry Pollack, told reporters outside the court.
WikiLeaks' work would continue, he said. His UK and Australian lawyer, Jennifer Robinson, thanked the Australian government for its years of diplomacy in securing Assange's release.
"It is a huge relief to Julian Assange, to his family, to his friends, to his supporters and to us and to everyone who believes in free speech around the world that he can now return home to Australia and be reunited with his family," she said.
Assange, 52, left the court through a throng of TV cameras and photographers without answering questions, then waved as he got into a white SUV. He is set to leave Saipan on a private jet accompanied by Australia’s ambassadors to the US and UK, heading to the Australian capital Canberra, where they are expected to land around 7 pm (0900 GMT), according to flight logs.
Assange had agreed to plead guilty to a single criminal count, according to filings in the US District Court for the Northern Mariana Islands. The US territory in the western Pacific was chosen due to his opposition to travelling to the mainland US and for its proximity to Australia, prosecutors said.
Dozens of media from around the world attended the hearing, with more gathered outside the courtroom to cover the proceedings. Media were not allowed inside the courtroom to film the hearing.
"I watch this and think how overloaded his senses must be, walking through the press scrum after years of sensory depravation and the four walls of his high security Belmarsh prison cell," Stella Assange, the wife of WikiLeaks founder said on social media platform X.
Long Saga
Australian-born Assange spent more than five years in a British high-security jail and seven holed up in the Ecuadorean embassy in London as he fought accusations of sex crimes in Sweden and battled extradition to the US, where he faced 18 criminal charges.
Assange's supporters view him as a victim because he exposed US wrongdoing and potential crimes, including in conflicts in Afghanistan and Iraq. Washington has said the release of the secret documents put lives in danger.
The Australian government has been advocating for his release and has raised the issue with the United States several times. "This isn't something that has happened in the last 24 hours," Prime Minister Anthony Albanese told a news conference on Wednesday.
"This is something that has been considered, patient, worked through in a calibrated way, which is how Australia conducts ourselves."
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Federal Decree-Law No. 9 of 2022 governs the law concerning domestic workers in the United Arab Emirates (UAE). Enacted to ensure the protection and fair treatment of domestic workers, this decree-law represents a significant step towards regulating this often overlooked sector, providing clarity on responsibilities and avenues for dispute resolution.
Understanding the Law
Under Federal Decree-Law No. 9 of 2022, several key provisions outline the rights and obligations of domestic workers and their employers, including:
Working Hours and Rest Periods: Domestic workers are entitled to a maximum of 12 hours of work per day, with at least 8 hours of rest. They should also be provided with one day off per week, preferably on a Friday.
Compensation and Benefits: Domestic workers are entitled to receive their wages in full and on time. Employers must also provide suitable accommodation, food and medical care to ensure the worker's basic needs are met.
Respect and Dignity: Employers are obligated to treat domestic workers with respect and dignity, refraining from any form of physical or verbal abuse. Likewise, workers are expected to carry out their duties diligently and respectfully.
Termination and Dispute Resolution: The decree-law stipulates procedures for termination, ensuring fair treatment for both parties. In case of disputes, avenues for resolution through mediation and legal channels are provided.
Minimum Salary: The law does not specify a minimum salary.
Annual Leave: Workers are entitled to 30 days of paid annual leave.
Probation Period: The probation period should not exceed six months from the date of commencement.
Obligations of the Employer
Challenges Faced by Domestic Workers
Despite the legal framework, domestic workers in the UAE often struggle to assert their rights due to language barriers, fear of retaliation and lack of awareness about legal protections. Common issues include underpayment, excessive working hours and inadequate living conditions.
Questions and Legal Remedies
For domestic workers seeking clarity on their rights and obligations, here are some common questions addressed:
Q1: What should I do if I'm not being paid my wages or if my employer breaches the terms of my contract?
A: Document any violations and seek assistance from relevant authorities such as the Ministry of Human Resources and Emiratisation (MoHRE) or legal aid organisations specialising in labour rights.
Q2:My employer is demanding I work beyond the stipulated hours. What recourse do I have?
A: Inform your employer of the legal limits on working hours and request adherence to the law. If the issue persists, consider seeking assistance from labour authorities or legal advisors.
Q3:I am facing mistreatment and abuse from my employer. How can I ensure my safety and seek redressal?
A: Contact law enforcement or seek refuge at shelters provided for victims of abuse. Additionally, legal aid organisations can assist in filing complaints and obtaining protection orders.
Workmen Gratuity
For domestic workers in the UAE, entitlement to gratuity depends on the terms outlined in their employment contract and whether they fall under the purview of the UAE Labour Law or other regulations.
While Federal Decree-Law No. 9 of 2022 may not explicitly mention gratuity provisions, it focuses on aspects such as working hours, compensation, and dispute resolution mechanisms.
Domestic workers should review their contracts carefully to understand their entitlements regarding gratuity. If gratuity is not explicitly stated, they may seek clarification from their employer or legal advisors.
In conclusion, while Federal Decree-Law No. 9 of 2022 marks progress in safeguarding the rights of domestic workers in the UAE, effective implementation and awareness are crucial.
By understanding their rights and obligations, domestic workers can navigate challenges more confidently, while employers can uphold ethical standards and foster a culture of respect and dignity in the workplace.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Online fraud is a collective term for various types of malicious activities, such as phishing, identity theft, data breaches and ransomware attacks. Cybercriminals use diverse attack vectors, including malicious software, spoofed websites and elaborate phishing schemes, to trick victims into revealing personal information, financial information, or access to secure networks.
In the ever-changing digital economy of Dubai, online fraud has become a major menace for both companies and clients. The financial and operational impacts are substantial, with 42 per cent of UAE organisations reporting increased fraud within just one year.
Firms incur an average cost of Dh4.19 per dirham lost to fraud, which includes direct financial losses as well as other costs related to internal labour, external fees, interest paid and replacement costs for goods obtained through theft or loss.
Digital payments have transformed the payment landscape with improved convenience and ease in transactions, but they also expose users to new threats from cyber criminals who often target digital channels.
Across the EMEA (Europe, the Middle East and Africa) region, digital channels now account for 52 per cent of fraud losses, surpassing physical fraud for the first time.
The anonymity and speed of digital, cross-border transactions enable cybercriminals to execute untraceable fraud with alarming ease.
Moreover, the sophistication of cyber-attacks is escalating, driven by advancements in technology such as artificial intelligence (AI), which enhances the ability of criminals to exploit both consumers and businesses.
Legal Implications and Preventive Strategies
As a member of the UAE, Dubai has recognised the urgent need to safeguard its rapidly expanding digital economy and has built a strong regulatory framework to combat cybercrime.
The Federal Law No. 5 of 2012 on Combatting Cybercrimes, also known as the UAE Cybercrimes Law, is the cornerstone of this system. It provides comprehensive measures to prevent and penalise various forms of cybercrime, including online fraud. Key aspects of the UAE Cybercrimes Law include:
Article 2: Criminalises unauthorised access to electronic websites, systems, or information networks, with harsh consequences for causing damage, interference, or altering information.
Article 3: Covers crimes involving communication interception, such as hacking and eavesdropping.
Article 4: Addresses cyber forgery and prohibits the unauthorised use, alteration, or copying of data, documents, or electronic records.
Article 11: Targets internet fraud specifically, punishing offenders who unlawfully obtain property, advantages, or rights by deceit, impersonation, or fraudulent schemes with harsh fines and/or imprisonment.
The UAE has implemented specific regulations to tackle online fraud in addition to the general provisions of the Cybercrimes Law. These provisions are designed to address the unique challenges posed by digital transactions and cyber threats:
The Electronic Commerce Act (Federal Law No. 1 of 2006): Governs electronic commerce in the UAE, ensuring that digital contracts and transactions are valid and enforceable while also providing security measures to help prevent fraud through hacking.
Data Protection Legislation: Safeguards personal and sensitive information, thereby reducing the risks of identity theft and data breaches.
Payment Systems Regulations: Issued by the Central Bank of the UAE, these rules ensure the security and integrity of electronic payment systems, minimising opportunities for financial fraud.
Enforcing these laws is a critical role played by local authorities. The Dubai Police Cyber Crime Unit uses forensic tools to investigate and fight cybercrime. Enhancing cybersecurity across Dubai is the mandate of the Dubai Electronic Security Centre (DESC), whereas the Telecommunications and Digital Government Regulatory Authority (TDRA) is responsible for promoting cybersecurity awareness and initiatives.
Moreover, the UAE Cybercrimes Law provides for strict punishments, including severe fines from Dh50,000 to Dh3 million, imprisonment, or asset forfeiture.
The Dubai government has implemented several measures aimed at curbing online fraud, including awareness campaigns targeting public online risks and promoting secure internet behaviours.
Organisations like DESC prioritise technological advancements, utilising AI and blockchain technology in fraud detection and prevention efforts. AI analyses big data to identify patterns indicative of fraudulent activity, while blockchain technology offers a secure way of maintaining transaction records, guaranteeing data integrity. Imposing tough penalties on offenders helps enforce stringent cybercrime laws, thereby providing a safer internet environment.
By employing strong passwords, recognising phishing attempts, keeping software updated, and enabling two-factor authentication, individuals can protect themselves from online fraud. Businesses can mitigate risks by adopting robust cybersecurity measures, conducting regular employee training, performing security audits, and maintaining comprehensive incident response plans.
Combating online fraud is a joint responsibility of both public and private sectors. Public-private partnerships facilitate knowledge sharing on emerging threats and the most successful mechanisms for fighting counterfeits. Governments and enterprises collaborate to provide cybersecurity training programmes, engage in public awareness campaigns and develop new technologies.
International collaboration is essential since cybercrime is borderless. Cross-border cooperation encompasses intelligence-sharing, harmonisation of legal frameworks, and joint operations.
The adoption of international cybersecurity standards ensures global safeguards against online fraud, involving organisations such as INTERPOL promoting collaboration between nations and setting norms under the United Nations.
Dubai’s emerging digital economy is under serious threat of e-fraud, prompting proactive and responsive moves by regulatory authorities. The city has a strong legal framework with Federal Law No. 5 of 2012 and dedicated agencies such as the Dubai Police Cyber Crime Unit and DESC, capable of effectively prosecuting offenders.
Preventative strategies involve public sensitisation campaigns, technological developments like AI and blockchain, and international cooperation. When individuals take care in combination with organisational efforts such as training employees and implementing solid cybersecurity systems, the fight against fraudsters is fortified.
As Dubai maintains its position as a global digital hub, it emphasises the need to combat cybercrime, demonstrating its commitment to economic growth and global security standards.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
WikiLeaks founder Julian Assange is due to plead guilty on Wednesday to violating US espionage law, in a deal that will end his imprisonment in Britain and allow him to return home to Australia, ending a 14-year legal odyssey.
Assange, 52, has agreed to plead guilty to a single criminal count of conspiring to obtain and disclose classified U.S. national defense documents, according to filings in the US District Court for the Northern Mariana Islands.
He is due to be sentenced to 62 months of time already served at a hearing in Saipan at 9 am local time on Wednesday (2300 GMT Tuesday). The island in the Pacific was chosen due to Assange's opposition to travelling to the mainland US and for its proximity to Australia, prosecutors said.
Assange left Belmarsh prison in the UK on Monday before being bailed by the UK High Court and boarding a flight that afternoon, Wikileaks said in a statement posted on social media platform X.
"This is the result of a global campaign that spanned grass-roots organisers, press freedom campaigners, legislators and leaders from across the political spectrum, all the way to the United Nations," the statement said.
A video posted on X by Wikileaks showed Assange dressed in a blue shirt and jeans signing a document before boarding a private jet with the markings of charter firm VistaJet.
He will return to Australia after the hearing, the Wikileaks statement added, referring to the hearing in Saipan. "Julian is free!!!!" his wife, Stella Assange, said in a post on X.
"Words cannot express our immense gratitude to YOU - yes YOU, who have all mobilised for years and years to make this come true."
The only VistaJet plane that departed Stansted on Monday afternoon was headed to Bangkok, FlightRadar24 data shows. A spokesperson for Assange in Australia declined to comment on his flight plans. VistaJet did not immediately respond to a request for comment.
The Australian government, led by Prime Minister Anthony Albanese, has been pressing for Assange's release but declined to comment on the legal proceedings as they were ongoing.
"Prime Minister Albanese has been clear - Mr Assange’s case has dragged on for too long and there is nothing to be gained by his continued incarceration," a government spokesperson said.
Historic Charges
WikiLeaks in 2010 released hundreds of thousands of classified US military documents on Washington's wars in Afghanistan and Iraq - the largest security breaches of their kind in US military history -- along with swaths of diplomatic cables.
Assange was indicted during former President Donald Trump's administration over WikiLeaks' mass release of secret US documents, which were leaked by Chelsea Manning, a former US military intelligence analyst who was also prosecuted under the Espionage Act.
The trove of more than 700,000 documents included diplomatic cables and battlefield accounts such as a 2007 video of a US Apache helicopter firing at suspected insurgents in Iraq, killing a dozen people including two Reuters news staff. That video was released in 2010.
The charges against Assange sparked outrage among his many global supporters who have long argued that Assange as the publisher of Wikileaks should not face charges typically used against federal government employees who steal or leak information.
Many press freedom advocates have argued that criminally charging Assange represents a threat to free speech. "A plea deal would avert the worst-case scenario for press freedom, but this deal contemplates that Assange will have served five years in prison for activities that journalists engage in every day," said Jameel Jaffer, executive director of free speech organisation Knight First Amendment Institute at Columbia University.
"It will cast a long shadow over the most important kinds of journalism, not just in this country but around the world."
Long Odyssey
Assange was first arrested in Britain in 2010 on a European arrest warrant after Swedish authorities said they wanted to question him over sex-crime allegations that were later dropped. He fled to Ecuador's embassy, where he remained for seven years, to avoid extradition to Sweden.
He was dragged out of the embassy in 2019 and jailed for skipping bail. He has been in London's Belmarsh top security jail ever since, from where he has for almost five years been fighting extradition to the United States.
Those five years of confinement are similar to the sentence imposed on Reality Winner, an Air Force veteran and former intelligence contractor, who was sentenced to 63 months after she removed classified materials and mailed them to a news outlet.
While in Belmarsh Assange married his partner Stella with whom he had two children while he was holed up in the Ecuadorean embassy.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Ministry of Human Resources and Emiratisation (MoHRE) has prohibited private sector establishments from hiring and training students during vacations in 31 specific categories of work and professions deemed hazardous.
This ban includes roles such as underground work in mines and quarries, activities related to the extraction of metals and stones, working in furnaces for smelting metals, bakery ovens, petroleum refineries, cement plants, ice and refrigeration plants and welding jobs.
The ministry has established administrative and professional requirements for establishments and employers wishing to train and employ students. One key requirement is that students must not work at night in industrial projects. The maximum working hours for students are set at six hours per day, with one or more rest intervals.
MoHRE has indicated that UAE laws allow citizen students and resident expatriates aged 15 years and above to work and receive training in private sector establishments, provided a contract is written outlining the nature of the work and other related matters. The federal law regulating labour relations prohibits the employment of juveniles under the age of 15, and the ministry does not issue work permits to anyone under this age.
The ministry has specified six administrative and professional obligations for establishments and employers wishing to train or employ juvenile students during academic leave.
These include not employing them at night in industrial projects. "Night" is defined as a period of no less than 12 consecutive hours from 8pm to 6am the next morning. The maximum actual working hours for a juvenile student are fixed at six hours per day, with one or more periods for rest, eating, or prayer (totalling no less than an hour), ensuring that students do not work more than four consecutive hours.
If a student’s working hours include a rehabilitation or training period, it is counted within their working hours. Under no circumstances is it permissible for a juvenile student to remain in the workplace or training for more than seven consecutive hours.
According to MoHRE, the six obligations for employing students include not assigning a juvenile student to work overtime and ensuring they are not kept in the workplace beyond their scheduled hours. Students may not be trained or employed on rest days.
Employers must also train juvenile students in occupational safety and health methods, monitor their application of these methods, and provide a working or training environment suitable for all workers while considering the juvenile's circumstances.
Additionally, employers must inform the student’s guardians or legal guardians of any illness, absence, or behaviour during work or training hours that requires attention. Finally, employers must not train or employ juvenile students in any prohibited work.
The ministry lists 31 types of prohibited work, including underground work in mines and quarries, metal and stone extraction, work in furnaces for smelting or refining minerals, petroleum refineries, bakery ovens, cement factories, ice and refrigeration factories, mirror treatment with mercury, firecracker manufacturing, glass melting and maturing and welding with oxygen, acetylene, and electricity.
Other prohibited activities include painting with lead-based compounds, processing or storing ash containing lead, extracting silver from lead, manufacturing tin and metal compounds with over 10 per cent lead, manufacturing lead monoxide, lead oxide, lead carbonate, lead sulphate, chromates and sulphate, and processes involving the manufacturing or repairing of electric batteries.
The list also includes cleaning workshops where hazardous work is practised, managing or monitoring moving machines, repairing or cleaning machines while operational, asphalt manufacturing, oil production by mechanical methods, fertiliser manufacturing, working in fertiliser warehouses and factories for mineral acids and chemical crops.
Additional occupational prohibitions include working in tanneries, animal skinning, cutting and fat melting, rubber manufacturing, filling cylinders with compressed gases, loading and unloading goods at docks, ports, and warehouses, transporting passengers by land or water, making charcoal from animal bones (except for sorting bones before burning), bleaching, dyeing and printing textiles, working as hosts in amusement parks, working in bars, and carrying, pulling, or pushing weights. Students are also prohibited from working overtime and from being employed on rest days.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A Swiss court handed jail sentences to four members of Britain's richest family for exploiting Indian staff at their Geneva mansion.
The Hindujas -- who were not present in court -- were acquitted of human trafficking, but convicted on other charges in a stunning verdict for the family whose fortune is estimated at £37 billion (US$47 billion).
Prakash Hinduja and his wife Kamal Hinduja each got four years and six months, while their son Ajay and his wife Namrata received four-year terms, the presiding judge in Geneva ruled.
The cases stem from the family's practice of bringing servants from their native India and included accusations of confiscating their passports once they were flown to Switzerland.
Prosecutors argued the Hindujas paid their staff a pittance and gave them little freedom to leave the house.
The family denied the allegations, claiming the prosecutors wanted to "do in the Hindujas". The Hindujas reached a confidential out-of-court settlement with the three employees who made the accusations against them.
Despite this, the prosecution decided to pursue the case due to the gravity of the charges. Geneva prosecutor Yves Bertossa had requested a custodial sentence of five-and-a-half years against Prakash and Kamal Hinduja.
Aged 78 and 75 respectively, both had been absent since the start of the trial for health reasons.
In his closing address, the prosecutor accused the family of abusing the "asymmetrical situation" between powerful employer and vulnerable employee to save money.
Household staff were paid a salary between 220 francs and 400 francs (US$250 to US$450) a month, far below what they could expect to earn in Switzerland.
But the Hinduja family's defence lawyers argued that the three plaintiffs received ample benefits, were not kept in isolation and were free to leave the villa.
"We are not dealing with mistreated slaves," Nicolas Jeandin told the court.
Indeed, the employees "were grateful to the Hindujas for offering them a better life", his fellow lawyer Robert Assael argued.
Representing Ajay Hinduja, lawyer Yael Hayat had slammed the "excessive" indictment, arguing the trial should be a question of "justice, not social justice".
Namrata Hinduja's lawyer Romain Jordan also pleaded for acquittal, claiming the prosecutors were aiming to make an example of the family.
He argued the prosecution had failed to mention payments made to staff on top of their cash salaries.
"No employee was cheated out of his or her salary," Assael added. Some staff even asked for raises, which they received.
With interests in oil and gas, banking and healthcare, the Hinduja Group is present in 38 countries and employs around 200,000 people. "They're profiting from the misery of the world," Bertossa told the court.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a setback for Arvind Kejriwal, the Delhi High Court paused his bail order in a corruption case related to the Delhi Liquor Policy until a hearing on Enforcement Directorate's petition. The probe agency challenged Kejriwal's bail just hours before he was to leave Tihar jail.
The ED mentioned its petition challenging the trial court's bail order for an urgent hearing before a bench of Justices Sudhir Kumar Jain and Ravinder Dudeja.
The high court said till it heard the petition, the trial court order would not be acted upon.
Kejriwal's wife, Sunita Kejriwal, and Aam Aadmi Party (AAP) leaders had planned to visit Tihar Jail at 4 pm on Friday to greet the Delhi Chief Minister.
On Friday, a Delhi court ordered Kejriwal's release on a personal bond of ₹ 1 lakh but imposed certain conditions before granting him the relief, including that he would not try to hamper the investigation or influence the witnesses.
The court had accepted Kejriwal's argument that the probe agency hasn't presented enough evidence since arresting the Delhi Chief Minister on March 21.
The bail came after multiple rounds in trial courts where Arvind Kejriwal has been repeatedly denied bail. He hasn't stepped down as Delhi Chief Minister despite calls from the ruling Bharatiya Janata Party for his resignation.
In May, the Supreme Court had issued interim bail to Kejriwal for election campaigning. He returned to prison two days before the results were declared.
The ED arrested Kejriwal over money laundering allegations while framing the Delhi liquor policy for 2021-22, which was later scrapped after the Lieutenant Governor raised red flags.
The ED has alleged the money Kejriwal got from the liquor sellers was used to fund the party's campaign in Goa since he is the convenor of the AAP.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The rapid rise of e-commerce has transformed how we shop, offering unparalleled convenience and access to a global marketplace. However, this digital revolution has also opened the door to a surge in online scams.
In response to these growing concerns, the UAE has introduced a new tool called CheckMyLink to help residents and businesses distinguish legitimate websites from potential frauds.
The Growing Threat of Online Scams
According to recent statistics from the Dubai Police, online fraud cases have increased by 30 per cent over the past year. Cybercriminals have become increasingly sophisticated, creating convincing replicas of legitimate websites to steal personal and financial information from unsuspecting shoppers.
"The growth of e-commerce has been a double-edged sword," says Major General Jamal Al Jallaf, Director of the Criminal Investigation Department (CID) at Dubai Police. "While it has revolutionised the way we shop, it has also provided fertile ground for cybercriminals."
Introducing CheckMyLink
To combat this menace, the UAE government has launched CheckMyLink, a free online tool designed to verify the authenticity of websites.
Developed in collaboration with cybersecurity experts and law enforcement agencies, CheckMyLink provides a simple, user-friendly platform for checking the legitimacy of any e-commerce site before making a purchase.
“CheckMyLink is part of our broader strategy to safeguard digital transactions and build consumer confidence in online shopping,” explains Mohammed Al Kuwaiti, Head of Cybersecurity for the UAE government. “By offering a reliable method to verify websites, we aim to reduce the incidence of online fraud and protect our residents from falling victim to scams.”
How Does CheckMyLink Work?
Using CheckMyLink is straightforward. Before making a purchase or entering sensitive information on a website, users can:
The tool cross-references the entered URL against a database of known legitimate websites and flagged fraudulent sites. It also analyses factors such as the website’s SSL certificate, domain registration details, and user reviews.
Tips for Safe Online Shopping
While tools like CheckMyLink provide a valuable layer of protection, it’s crucial for consumers to remain vigilant. Here are some additional tips to help you shop safely online:
Legal Protections in the UAE
The UAE has robust legal frameworks in place to combat cybercrime. Under the UAE Cybercrimes Law (Federal Decree-Law No. 5 of 2012), those found guilty of online fraud can face severe penalties, including imprisonment and hefty fines.
"In the UAE, we take cybercrime very seriously," says Dr Ahmad bin Saif Al Awadhi, a legal expert specialising in cyber law. "Victims of online fraud have legal avenues for recourse, and our law enforcement agencies are equipped to handle such cases efficiently."
Conclusion
As online shopping continues to grow, so does the risk of encountering fraudulent websites. By leveraging tools like CheckMyLink and following best practices for online safety, consumers can enjoy the benefits of e-commerce with peace of mind.
For more information on how to protect yourself from online scams, visit the Dubai Police’s Cybersecurity Awareness page or the UAE Cybersecurity Council’s website.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the aftermath of the unprecedented rains on April 16, insurers have denied claims for some UAE motorists who drove through flooded streets, citing negligence.
The heaviest rains in 75 years led to widespread flooding in Dubai, Sharjah, Ajman and other emirates, damaging an estimated 50,000 vehicles.
The natural catastrophe clause covers only vehicles with comprehensive insurance policies against natural disaster losses. Third-party liability plans do not typically cover such events.
Avinash Babur, CEO of Insurancemarket.ae, explained that insurers are rejecting claims where it is evident that motorists intentionally drove through flooded areas.
"Insurance policies usually exclude coverage for damages resulting from negligent behaviour, such as driving through deep water during a storm. Claims for severe damage or total loss are likely to be denied if intentional or reckless driving is determined," said Babur.
Moin ur Rehman, Executive Director of Unitrust Insurance Broker, emphasised that policy terms and conditions could lead to coverage denial for damages caused by wilful actions. Toshita Chauhan, Business Head for Health and Motor Insurance at Policybazaar.ae, confirmed that claims were rejected due to motorists intentionally driving on flooded roads.
Babur noted that insurers meticulously review each claim related to the April 16 rains to determine the damage circumstances.
"The focus is to ensure that claims are valid by verifying that the vehicles were not driven through flooded areas during or immediately after the rainfall. Valid claims are approved swiftly, and repairs are carried out promptly. However, claims are rejected if it is established that the vehicle was driven through water or in adverse weather conditions," he stated.
The unprecedented weather disruption last month led to a record number of motor and home insurance claims in the UAE. With estimates of about 100,000 vehicles affected by the floods on April 16, many were declared total losses. Numerous claims remain unresolved, and the process could take two to three months to normalise.
If your claim is rejected, you can file a complaint with the Insurance Authority, overseen by the Central Bank of the UAE, and if unresolved, the case may be taken to court. Complaints can also be addressed through Sanadak by meeting specific eligibility criteria.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Abu Dhabi Department of Economic Development (ADDED) has issued a circular urging all licensed economic establishments within the Emirate of Abu Dhabi to adhere strictly to prescribed regulations when engaging with social media influencers.
Acknowledging the vital role played by licensed economic entities in fostering a conducive business environment in Abu Dhabi, ADDED emphasised the following compliance measures:
Social media influencers must obtain a license from ADDED to conduct advertising activities through online platforms.
Economic establishments are required to secure a permit from ADDED before initiating any form of advertising, including promotional and marketing activities.
Economic entities must ensure they possess a valid license issued by ADDED when entering into contracts with influencers and social media platforms.
Failure to comply with these regulations regarding the engagement of social media influencers may result in penalties and violations as outlined in ADDED's regulatory framework. Penalties for non-compliance range from AED 3,000 to AED 10,000, and repeated offences could lead to the closure of the establishment for failing to adhere to ADDED's directives and controls.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A gang of five scammers has been apprehended by the Sharjah Police, the authorities announced on Thursday.
The criminal network operated from outside the country and specialised in cyber fraud through a process known as "173". In connection with the scam, over Dh3 million has been seized from accounts linked to 11 anonymous reports registered with the police in the country, the authorities further stated.
The suspects were found to have phished Dh3,011,854 from accounts linked to 11 anonymous reports received by police departments across the UAE, according to Major General Saif Al Zari Al Shamsi, Commander-in-Chief of Sharjah Police.
Brigadier Omar Ahmed Abu Al Zoud, Director of the Sharjah CID, revealed that a report was received from an Arab working for a company within the country. He stated that he had received an email from a supposed supplier requesting an update of the bank data.
After updating the details and transferring Dh85,713,052 to the bank account number provided by the fraudulent company, he discovered that the email was fake.
Abu Al Zoud noted that a team of cybercrime experts was formed to verify the fraud operation and arrest the perpetrators. The technical investigation revealed that the email was fake, and further technical follow-up showed that the money transfer had been made from outside the country.
An African individual who withdrew Dh20,000 from the amount was also identified and arrested in a sting operation at his residence, along with others who lived with him and were proven to be involved in crimes related to cyber fraud.
The police found 173 bank cards and 132 chequebooks belonging to victims whose bank details were used to commit fraud, in the possession of the suspects. Additionally, 21 smartphones, 18 Emirates ID cards belonging to victims who had left the country, six stamps of fake companies and Dh95,320 obtained from withdrawals made through electronic fraud were also discovered.
Abu Al Zoud explained that the perpetrators had premeditatedly purchased 173 accounts from their original owners who had left the country.
They then controlled the accounts and bank cards, transferring money from one account to another to mislead the police.
Lieutenant Ahmed Al Bahai and Lieutenant Nouf Abdul Rahim Al Harmoudi reported that four types of cybercrimes have been frequently reported recently -- "Fake job advertisements", "Fake websites", "Electronic impersonation of persons and institutions", and "Electronic hacks".
They also warned against dealing with websites or information circulated via social media platforms
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Public Prosecution ordered on Thursday the detention of a national and a resident of the country on charges of 'culpable homicide' in connection with the fire that engulfed an apartment building and claimed 49 lives, according to Kuwait News Agency (KUNA).
The Kuwaiti and the expatriate will be held in custody on multiple charges, including 'causing death and injury by negligence in observing security and safety measures against fires,' stated the country's Public Prosecution on its X account.
Investigations are ongoing, affirmed the prosecution. Furthermore, in its statement, the prosecution disclosed that it had formed a special team to conduct a detailed investigation into the incident.
The Kuwaiti Ministry of Interior announced that the death toll from the building fire in Al-Mangaf area had reached 49, emphasising its intention to enforce stringent measures against property owners who violated the law.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Dubai has relaxed regulations for divorced parents travelling abroad with their children. According to Dubai Courts, the new procedure permanently lifts the travel ban once the sponsor's approval is obtained. This change simplifies the process for parents and their children to enter and exit the UAE.
“This process … accelerates the procedures of cancelling the travel ban in the system immediately after it is signed by the judge,” the authority said on Thursday.
Salem Mohammed Al Misfri, head of the Personal Status Execution Department at the Dubai Courts, said the procedure previously involved several time-consuming steps. First, a judge had to issue a decision after the sponsor’s approval, after which a letter was sent to the Criminal Investigation Department to temporarily cancel the travel ban.
As stated on the official UAE government portal website, custody in divorce cases is typically awarded to mothers, while fathers act as 'guardians' responsible for the child's financial support.
Previously, leaving the country with a child without the other parent's consent could be considered 'child abduction,' leading to severe legal repercussions for the parent involved. If there are concerns, either parent can secure a travel ban to prevent the child from leaving the airport.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Fired SpaceX engineers have filed a lawsuit against Elon Musk for sexual harassment and retaliation in California state court, escalating their multi-front legal battle with the billionaire chief executive and his aerospace company.
"Musk knowingly and purposefully created an unwelcome hostile work environment based upon his conduct of interjecting into the workplace vile sexual photographs, memes and commentary that demeaned women and/or the LGBTQ+ community," the eight former employees, who have also been pursuing a US labour board case against the company, said in their Wednesday filing.
The plaintiffs are alleging that some of them then experienced harassing comments from other coworkers that "mimicked Musk's posts" from Twitter and "created a wildly uncomfortable hostile work environment."
After Musk publicly mocked misconduct allegations against him, the workers collaborated on an open letter in 2022 raising concerns about his behaviour and the company's culture, and allege they were fired in retaliation. Their filing says they have reason to believe Musk personally made the decision to terminate them in retaliation for that activism. When a human resources official suggested conducting an investigation first, Musk replied "I don't care - fire them," the complaint alleges.
SpaceX and Elon Musk did not immediately respond to requests for comment on the lawsuit. SpaceX has previously denied wrongdoing and said that the fired employees violated policies. It also said Musk was not involved in their terminations.
The suit against Musk follows earlier complaints from the same employees to the US National Labour Relations Board (NLRB) that said SpaceX illegally retaliated against them. NLRB prosecutors agreed, but SpaceX sued in January claiming the agency's structure was unconstitutional. An appeals court injunction has put the labor board case on hold.
Separately, on Tuesday the Wall Street Journal reported allegations that Musk made sexual advances to women at SpaceX, including a former intern he had sex with. SpaceX President Gwynne Shotwell was quoted in the story accusing the Journal of presenting "untruths, mischaracterisations, and revisionist history," and saying "Elon is one of the best humans I know."
The NLRB lacks authority to hold individual people liable, but the new state court lawsuit names Musk personally as a defendant, citing what it calls his "maniacal control over personnel decisions at his businesses" and his public comments, such as joking on Twitter, regarding a misconduct allegation, "if you touch my wiener, you can have a horse." Musk has denied wrongdoing.
The lawsuit also alleges that SpaceX executives including Musk and Shotwell participated in a video "that mocks and makes light of sexual misconduct and banter," including a scene in which an employee demonstrated the "correct" way to spank a coworker.
The fired employees previously brought some of their claims to California's Civil Rights Department, Bloomberg News reported in February. That agency this week issued them "right to sue" letters clearing the way for them to bring their lawsuit, according to the complaint.
"We need to pursue whatever avenues we can to continue advancing our claims," plaintiff Tom Moline, who worked on SpaceX's Dragon programme, said in an interview. "Even Elon, with all his wealth and power, is not above being held accountable, right?"
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A man convicted of killing his former lover and her husband in what prosecutors described as a fit of rage was executed Tuesday evening in Missouri.
David Hosier, 69, was pronounced dead at 6:11 p.m. following a single-dose injection of the sedative pentobarbital at the state prison in Bonne Terre. Hosier was convicted of the 2009 killings of Angela and Rodney Gilpin in the state capital of Jefferson City.
Hosier turned his head a couple of times and breathed hard twice as the drug was administered. All movement stopped within seconds, even as his spiritual adviser seated next to him, the Rev. Jeff Hood, continued to pray.
Investigators said Hosier had a romantic relationship with Angela Gilpin and was angry with her for breaking it off and reconciling with her husband. Hosier maintained until the end that he was innocent and shouldn’t have been convicted on circumstantial evidence.
The way was cleared Monday when Gov. Mike Parson declined to grant clemency, citing Hosier’s “lack of remorse.” Parson, a Republican and former county sheriff, has overseen 10 executions since taking office in 2018. Hosier’s lawyers said no court appeals were pending in the hours before the scheduled execution.
“I leave you all with love,” Hosier had said as part of a final statement released before the execution. “Now I get to go to Heaven. Don’t cry for me. Just join me when your time comes.”
Hosier was the son of an Indiana State Police sergeant killed in the line of duty. Glen Hosier went into a home searching for a murder suspect in 1971 when he was shot to death.
Other officers returned fire and killed the suspect. David Hosier, then 16, was soon sent to military school and enlisted in the Navy after graduating. He served four years of active duty and later moved to Jefferson City, Missouri, where he worked for many years as a firefighter and EMT.
In previous interviews with The Associated Press, Hosier acknowledged having an affair with Angela Gilpin that she ended before getting back with her husband. In September 2009, the two were fatally shot near the doorway to their apartment.
Detective Jason Miles told AP that Hosier made numerous comments to other people threatening to harm Angela Gilpin in the days before the killings. After the shootings, police found an application for a protective order in Angela Gilpin’s purse, and another document in which she expressed fear that Hosier might shoot her and her husband.
Hosier was an immediate suspect, but police couldn’t find him. They used cellphone data to track him to Oklahoma. A chase ensued when an Oklahoma officer tried to stop Hosier’s car. When he got out, he told the officers, “Shoot me, and get it over with,” court records show.
Officers found 15 guns, a bulletproof vest, 400 rounds of ammunition and other weapons in Hosier’s car, the court documents state. The weapons included a submachine gun made from a kit that investigators maintain was used in the killings, though tests on it were inconclusive.
A note was found in the front seat of Hosier’s vehicle. “If you are going with someone do not lie to them,” it read in part. “Be honest with them if there is something wrong. If you do not this could happen to YOU!!”
Hosier said he wasn’t fleeing to Oklahoma, but was simply on a long drive to clear his mind. He had the guns because he likes to hunt, he said. He didn’t recall a note in the car.
The Missouri Supreme Court upheld Hosier’s conviction in 2019. Hosier was the seventh person executed in the U.S. this year and the second in Missouri. Brian Dorsey was executed in April for killing his cousin and her husband in 2006.
Missouri is scheduled to execute another man, Marcellus Williams, on September 24, even though Williams is still awaiting a hearing on his claim of innocence in the 1998 stabbing death of Lisha Gayle.
In January, St. Louis County Prosecuting Attorney Wesley Bell requested a court hearing after DNA technology unavailable at the time of the crime showed that someone else’s DNA -- but not Williams’ -- was found on the knife used in the stabbing.
Williams was hours away from execution in 2017 when then-Gov. Eric Greitens granted a reprieve and appointed a board of inquiry to examine his innocence claim. The board never reached a conclusion and Parson dissolved it last year.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The UAE government has recently implemented stringent regulations on telemarketing via phone calls, enforcing hefty fines of up to Dh150,000 for violators.
These rules, set to take effect in mid-August 2024, are aimed at controlling the rampant issue of cold calls, which are unsolicited calls made to potential customers. This regulatory change marks a significant shift in the telemarketing landscape in the UAE, designed to protect consumer privacy and reduce unwanted disruptions.
What Are Cold Calls?
Cold calls are unsolicited phone calls made by companies or telemarketers to promote products or services to potential customers without prior consent. These calls are often intrusive and can be seen as a nuisance by recipients.
Regulatory Requirements:
Penalties
Specific Fines
Consumer Protection
The new regulations prioritise consumer rights by ensuring transparency and preventing deceptive or aggressive marketing tactics. Consumers can lodge complaints about violations and companies are required to maintain detailed records of all marketing calls. This framework aims to create a more respectful and consent-based telemarketing environment.
Challenges for Telemarketers
Opportunities
Quality Over Quantity: Emphasis on approved and ethical marketing practices could result in better-targeted marketing efforts and potentially higher conversion rates.
Analytical Perspective
The UAE's new regulations reflect a global trend towards increased scrutiny and regulation of telemarketing practices. By enforcing these rules, the UAE aims to strike a balance between protecting consumer privacy and enabling businesses to operate within a structured, ethical framework.
This shift is expected to lead to more responsible telemarketing practices, enhancing the overall consumer experience while potentially creating a more sustainable business environment for telemarketers who adhere to the new standards.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Saudi Arabia is considering allowing foreign law firms, licensed to practise the legal profession in the Kingdom, to establish companies wholly owned by non-Saudis to enhance foreign investment, according to the National Competitiveness Centre (NCC).
In a post on its X platform, the NCC sought public opinion regarding a proposal by the Ministry of Justice to amend the first paragraph of Article 50 of the Kingdom’s Code of Law Practice.
The amendment aims to allow foreign law firms, licensed to practise in the Kingdom, to establish professional companies wholly owned by non-Saudis, to provide legal advice on Saudi regulations and to plead before the courts in accordance with the controls specified by the regulations, through a Saudi lawyer registered in the practising lawyers’ register.
According to information posted on the Istitlaa platform, the project aims to develop the legal profession, raise the quality and efficiency of its practice and localise global expertise. This is in addition to enhancing the Kingdom’s competitiveness, improving its business environment and raising the efficiency of the justice system by increasing the level of professionalism in the legal profession.
The project will also contribute to achieving Saudi Arabia’s goals in stimulating foreign investment, moving the regional headquarters of international companies to Saudi Arabia, and creating more qualitative job opportunities for citizens, both directly and indirectly.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Dubai is a city of dreams and has changed the lives of many who came here with the hope of creating a better future for themselves and their families. When it's time to go back home after fulfilling your dreams, or relocate to another city for work or retirement, it's important to complete a few essential tasks without fail.
Here's a checklist of things you need to do before leaving the emirate for good:
Cancel your Credit Card and Close your Bank Account
Initiate the process of closing bank accounts well in advance, as it can take several weeks and often requires in-person visits. Follow the bank's specific procedures, including withdrawing funds, returning related documents and obtaining clearance certificates. It's important to cancel your credit cards to avoid annual charges and other hidden fees.
Terminate Tenancy
If you're leaving the country permanently, it's imperative to give notice to your landlord as soon as possible. Understanding the notice period required for terminating your tenancy is crucial. In Dubai, individuals facing hardships due to COVID-19 may be eligible for a force majeure exemption regarding notice periods.
Contact the Rental Disputes Centre at the Dubai Land Department for further guidance. Upon concluding the notice period, obtain Ejari clearance and clearance certificates from utility companies to cancel your tenancy contract.
Mobile Number Transfer
Timing is key when cancelling your UAE mobile number. Consider transferring to Etisalat's Homebound pack, which allows you to keep your UAE number active for 30 or 60 days, facilitating communication with shipping companies, buyers, and potential employers.
Handling Belongings
Assess and categorise your belongings into items for shipment, sale, donation, or disposal. Engaging a relocation company or managing the process yourself depends on your preferences and timeline. Explore various options for selling items and consider donating quality goods to registered charities. Arrange for bulk waste collection services for items not suitable for donation.
Vehicle Sale
Whether selling your car independently or through a dealer, ensure it undergoes necessary servicing and detailing for an optimal sale. Utilise online platforms and social networks to maximise visibility.
Obtaining School Leaving Certificate
Obtain a school leaving certificate for your child, ensuring all outstanding fees are settled. Schools can provide these certificates, which may require verification by relevant authorities such as the Knowledge and Human Development Authority (KHDA).
Clearing Utility Bills
Ensure utility bills are settled in full and services are disconnected before terminating residential tenancy agreements. Many utility companies offer online processes for bill clearance, with varying processing times.
Cancelling Residence Visa
If your visa is sponsored by an employer or family member, ensure it is cancelled before departure. Employers should proceed through the Ministry of Human Resources, while family-sponsored visas require processing through the General Directorate for Residency and Foreigners Affairs (GDRFA).
By following this checklist meticulously, individuals departing the UAE can streamline their exit process and minimize potential legal complications.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
As the auspicious occasion of Eid Al Adha approaches, both public and private sector employees in the United Arab Emirates (UAE) are gearing up to enjoy a well-deserved break.
This year, the Eid Al Adha holidays will span over four days, allowing individuals across the country ample time to observe the religious festivities and spend quality moments with family and loved ones.
The UAE government has officially announced that the Eid Al Adha holidays for both public and private sectors will commence from 9 to 12 Dhu al Hijjah 1445 AH. According to the Gregorian calendar, it is from June 15 to 18, 2024.
This extended break not only honours the significance of Eid Al Adha but also provides an opportunity for individuals to rejuvenate and recharge amidst their busy schedules.
In light of the extended holidays, individuals in the UAE are exploring ways to maximise their time off and make the most of this festive period. One strategy gaining traction among employees is the utilisation of "sandwich leave" to extend their Eid Al Adha break.
"Sandwich leave" refers to the practice of strategically taking additional days off before or after a public holiday to create an extended period of leisure. By strategically planning their leave, individuals can enjoy an extended vacation without consuming excessive annual leave days.
However, it's essential for employees to adhere to their respective organisation's policies and obtain prior approval from their employers before availing sandwich leave. Clear communication and planning ensure smooth workflow continuity and minimise any disruption to business operations during the holiday period.
Eid Al Adha, also known as the Festival of Sacrifice, holds profound cultural and religious significance for Muslims worldwide. It commemorates the willingness of Prophet Ibrahim (Abraham) to sacrifice his son as an act of obedience to God's command. The holiday is marked by special prayers, feasts, charitable acts and the ritual sacrifice of animals, symbolising Prophet Ibrahim's devotion and trust in the Almighty.
During the Eid Al Adha holidays, Muslims in the UAE traditionally gather with family and friends to perform prayers at mosques, share festive meals, exchange gifts and partake in various community events. Additionally, many families embark on travel expeditions to explore the country's diverse landscapes or visit their hometowns to celebrate the occasion with relatives.
As preparations for Eid Al Adha festivities ensue, the UAE remains committed to fostering a spirit of unity, compassion and generosity among its diverse population.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
YouTuber Alex Choi was arrested for a stunt video showing people shooting fireworks at a Lamborghini from a helicopter. He was reportedly taken into custody on a federal criminal complaint, alleging that he directed the entire stunt.
According to a statement by the US attorney's office for the Central District of California, Choi directed the video in which two women are seen shooting fireworks at a Lamborghini. The department added that the affidavit stated the aircraft was also seen flying near the ground without filming permits.
Choi posted the video "Destroying a Lamborghini with Fireworks" July 4, 2023 on YouTube. The video has now been deleted from all of his social media platforms.
The Daily Mail shared a part of the video on Instagram with a caption describing the incident.
"YouTuber Alex Choi was arrested over a stunt which saw him filming an arsenal of fireworks being shot at a $300,000 Lamborghini from a helicopter. Now the 24-year-old, who is known for his car-related stunts, has been charged with 'causing the placement of an explosive or incendiary device on an aircraft,' and is facing 10 years in prison," the outlet wrote.
The statement added that law enforcement believes that Choi "did not have a permit to film a shoot using fireworks on a helicopter, and that he purchased the fireworks in Nevada because they were illegal in California." If convicted, he stands to face "a statutory maximum sentence of 10 years in federal prison."
Since being shared some seven hours ago, the video has accumulated nearly 240,000 views. The share has further collected more than 7,000 likes. People posted varied comments while reacting to the share.
"He won’t get convicted because his intent was not malice. He will get a large fine and that’s about it," wrote an Instagram user. "This is going to bring him some likes," joked another.
"Is it illegal to have fun in a controlled environment?" questioned a third. "Anything for clout," posted a fourth.
The video shared by Choi appeared to be a "live-action version of a fictionalised video game scene," cited the statement by the US attorney's office for the Central District of California.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Manchester City has initiated legal proceedings against the Premier League regarding recent regulations concerning "associated party transactions" (APTs), which were first introduced in December 2021 and later revised in January 2024. The dispute will be heard by an arbitration tribunal on June 10, with a decision expected within two weeks thereafter.
As per reports from The Times, Manchester City, owned by the Abu Dhabi United Group, has submitted a 165-page document outlining its argument against the regulations. The club asserts that these rules infringe upon competition laws in the United Kingdom. Additionally, they are seeking compensation, claiming that they have been compelled to adhere to these regulations for an extended period.
This move could potentially disrupt the established structure of European football, as many clubs operate as nonprofit member associations or are controlled by investors who expect returns on their investments. By removing cost controls, it could make the business less appealing to investors, especially when there is a trend towards implementing regulations to promote financial sustainability across leagues and organisations like UEFA.
Furthermore, if these regulations are overturned, it could weaken the Premier League's case against Manchester City regarding alleged breaches of financial rules, particularly those concerning sponsorships. This legal challenge from the league's most successful member would undoubtedly be a significant development within the sports industry, given its unprecedented nature.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Supreme Committee for Consumer Protection, chaired by Abdulla bin Touq Al Marri, Minister of Economy, convened to evaluate its significant accomplishments and endeavours in 2023. The Committee’s pivotal role in enhancing the UAE’s consumer protection system and establishing a robust legislative infrastructure aligned with international best practices was highlighted.
Additionally, the Committee addressed the recent updates concerning Cabinet Resolution No. 120 of 2022, which focuses on regulating the prices of essential consumer goods within the UAE.
The minister affirmed the UAE’s commitment to refining economic policies and legislation aimed at strengthening consumer protection and safeguarding consumer rights. Under the guidance of its wise leadership, the UAE is dedicated to creating a secure and stable consumer environment, fostering vibrant markets, and adhering to global best practices. These focused efforts are designed to improve the quality of life for both citizens and residents, while simultaneously enhancing the growth and competitiveness of the national economy on regional and global scales, in alignment with the vision of ‘We the UAE 2031’.
“The Committee plays a crucial role in advancing the UAE’s national objectives and strategies for consumer rights protection. Through proactive measures, the Committee develops projects and initiatives that promote the adoption of best business practices in the marketplace. It also establishes mechanisms to regulate prices of goods and products, thus ensuring adherence to legislation governing consumer rights protection. These efforts aim to provide consumers with an exceptional purchasing experience and guarantee the availability of sufficient quantities of goods and products to meet their needs,” the minister noted.
The Committee reviewed its notable achievements in 2023, including significant contributions to establishing an integrated consumer protection framework within the UAE. This was achieved through their contribution to the development and revision of a series of relevant legislation and policies, such as Federal Decree Law No. 5 of 2023 amending Federal Law No. 15 of 2020 on Consumer Protection, and its executive regulation issued by Cabinet Decision No. 66 of 2023.
The Committee effectively implemented pricing policies for essential consumer goods based on Cabinet Decision No. 120 of 2022. Additionally, the Committee issued ten recommendations pertaining to this framework, all of which were successfully executed through collaboration with relevant government bodies and authorities.
MoE’s Endeavours to Regulate Prices
In the same context, the Committee reviewed the efforts made by the Ministry of Economy to enhance market monitoring and prevent price manipulation over the past year. The Ministry’s teams conducted over 96,200 inspection visits across all seven emirates, resulting in the identification of 6,645 violations.
Additionally, during the first quarter of 2024, the Ministry carried out 34,067 inspection visits, leading to 1,896 inspections. Throughout 2023, the Ministry received close to 3,000 complaints and over 133,000 recall requests.
The recall service allows for the tracking and withdrawal of defective or hazardous goods from suppliers, concerned parties, or relevant authorities in the country of origin or any other country. The ministry diligently executed measures within the country to safeguard consumer health, safety, and rights, protect the interests of retailers and manufacturers, and ensure market stability within the country.
New Decisions and Policies
The Committee conducted an in-depth discussion on various decisions and policies for the next phase. These discussions emphasised the necessity for effective regulation and organisation to monitor retail traders, goods suppliers and sales outlets for compliance with UAE pricing regulations on consumer goods.
Furthermore, the Committee focused on creating mechanisms and controls for the unit pricing of specific consumer goods and introducing a code of conduct for the consumer goods industry. This code aims to enhance the contractual relationship between sales outlets and suppliers in the country's markets.
Digital Project
The Committee discussed the possibility of launching a new digital project focused on analysing market data to improve control over product and commodity prices. This initiative will involve developing a smart market analysis system and remote monitoring for consumer goods.
These measures will contribute to market surveillance efforts, enable prompt action in response to any identified violations, and facilitate a more streamlined and user-friendly complaint process. By leveraging cutting-edge technological solutions and advanced technologies, this endeavour ensures the protection of consumer rights and enhances the country's market control system.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Between January and March of this year, more than 350 incoming passengers at Dubai International Airport (DXB) were apprehended with fake passports, according to the General Directorate of Residency and Foreigners Affairs (GDRFA) in Dubai. Specifically, 366 individuals were caught using forged passports during this period, up slightly from 355 during the same timeframe last year.
In 2023, the GDRFA examined 16,127 documents, identifying 1,232 as forgeries. Additionally, 443 cases were referred to public prosecution for further investigation and action based on the specifics of each case.
At a press briefing at Dubai Airport’s Terminal 1, a consultant at the Document Examination Centre, highlighted the effectiveness of GDRFA’s systems in identifying fraudulent passports. He pointed out that every counter at Dubai Airports Passport Control is equipped with an advanced machine called Retro Check, which scrutinises suspected fake passports. These machines act as an effective firewall, enabling immigration officers to detect fake passports.
Once a dubious passport is flagged by a control officer, it is sent to the Document Examination Centre for verification. The verification process takes only five minutes, after which a report is sent to the public prosecution.
The consultant emphasised that the GDRFA is “one of the few entities globally with a specialised and accredited centre for document examination.” Unlike many immigration departments worldwide that rely on criminal laboratories, where inspections can take days or weeks, Dubai Airports can verify passports in a remarkably short time.
The GDRFA employs 1,500 passport control officers who handle entry and exit processes, referred to as the first line of defense in document verification. Additionally, there are 30 document examiners, known as the second line of defense, who conduct detailed audits. All staff members are Emiratis.
Legal Consequences
Individuals found with forged or counterfeit travel documents face legal consequences. Those caught departing with such documents are referred to UAE judicial authorities, regardless of whether they were knowingly involved or unwittingly deceived.
Arriving passengers with forged documents are denied entry and promptly returned to their country of origin or handed over to relevant authorities.
The GDRFA also implements special procedures that consider humanitarian factors, recognising that some individuals may have been unknowingly victimised by criminal schemes.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Whether it's a weekend escape from the urban bustle or a brief trip for visa renewal, Oman has emerged as a favoured destination for many UAE residents. Its proximity, hassle-free visa procedures, and stunning landscapes make it an appealing choice for those opting to travel by car.
Over time, there have been alterations in routes and entry requirements. From the latest road updates to essential documentation, here's your comprehensive handbook for a car journey from the UAE to Oman.
Route Choices
Hatta, Al Wajajah Border: For travellers originating from Dubai, the Hatta, Al Wajajah border crossing stands out as the preferred route. It's a direct and secure path, typically covering the distance within 1.5-2 hours, subject to traffic conditions.
Situated approximately 140km from Dubai, motorists navigate via the E102 route. This route is equally convenient for residents from Sharjah, Dubai (particularly areas closer to Sharjah), and other northern emirates, accessible through Mleiha Road. From Mleiha Road, drivers encounter two route options:
Meyzad, Hafeet Border:
Abu Dhabi residents may favour the Meyzad, Hafeet border, positioned 180km away from the capital city, while for Dubai residents, the border post is approximately 160km away. Close to Al Ain, this route is ideal for travellers heading towards the southern regions of Oman.
Dibba Border:
If Musandam's vibrant corals and crystalline waters are on your itinerary, the Dibba border route is your best bet. For Dubai residents, the journey spans nearly two hours, covering 146km from the city. This route allows entry to expats without an Oman visa, as well as visit visa holders, with access limited to the Dibba Musandam area.
For those eyeing Musandam's Khasab town, UAE residents can opt for the Al Darrah border crossing from Ras Al Khaimah, with the mountainous emirate lying a mere 35km away. However, an Oman visa is mandatory for entry via this border post.
Required Documentation
Residents embarking on the journey from the UAE must carry the following documents:
Checkpoint Procedures
En route to Hatta from Dubai, approximately 500 metres before the Omani border, a 'Leaving Hatta' sign marks the proximity of the first checkpoint. This is a UAE checkpoint, where security personnel typically request the car's registration card and passports of all occupants. Here, residents are required to pay the exit fee of Dh35 as they depart the Emirates.
Subsequently, travellers reach the Oman border, undergoing passport control and possibly disembarking from their vehicles to enter the building. Officials stamp passports with entry stamps, usually verifying travellers' Emirates IDs. Exiting this post, some residents may undergo vehicle inspections at the final checkpoint in Oman.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
To enhance road safety in the emirate, Abu Dhabi Police have employed 3D CGI (Computer-Generated Imagery) technology to educate and remind drivers of essential safety practices when entering roads.
By leveraging this technology, the authorities aim to reduce accidents and ensure smoother traffic flow. The Abu Dhabi Police have highlighted five critical rules that drivers should follow to ensure a safe entry onto the roads:
Slow Down When Approaching Road Entrances: Reduce your speed as you near a road entrance. This allows extra time to assess the situation and respond to any unforeseen events.
Use Side Warning Signals: Properly using turn signals is crucial for communicating your intentions to other road users. This practice helps prevent misunderstandings and potential collisions.
Be Cautious of Parked Vehicles: If there is a vehicle ahead of you or parked near the road entrance, slow down. Parked vehicles can obstruct your view, making it harder to see oncoming traffic or pedestrians.
Give Priority to Vehicles on the Main Road: Always yield to vehicles on the main road. These vehicles have the right of way, and failing to give them priority can lead to dangerous situations.
Ensure the Road is Clear: Before entering a road, double-check to make sure it is free of approaching vehicles. This final check is crucial in preventing accidents.
Penalties
Adhering to these safety guidelines can significantly reduce accidents and enhance overall road safety. However, drivers who fail to follow traffic rules will be penalised according to UAE laws.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Have you been added to random WhatsApp groups offering part-time tasks to earn extra money? Beware, you might be on the brink of getting scammed.
The latest scam involves creating WhatsApp groups to lure people into performing supposed online tasks, such as liking YouTube posts, under the promise of earning passive income.
It all starts with a seemingly innocent message from an anonymous sender on WhatsApp: "Are you interested in a part-time job? This job is very simple... We pay Dh10-Dh30 per task."
To convince people of the legitimacy, some users with the same area code as the host have posted images of their bank transfers showing a Dh30 payment.
They wrote: "I received the payment, this is real!" Another commented, "I heard from the receptionist that there are 25 task orders every day – not bad." "Yes, once you complete all orders for three consecutive days, you can become a regular employee. Regular employees will receive an additional Dh200 for completing all orders, and task commissions will be calculated separately."
Any fraudulent activities must be reported to the authorities immediately. You can reach Dubai Police at the toll-free number 901 or +971 4 203 6341. Additionally, an e-crime online platform is available on their website.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Madras High Court has permitted the wife of a person in a comatose condition to sell/mortgage his immovable property worth over ₹1 crore and utilise the proceeds for taking care of his medical expenses as well as the maintenance of the family, consisting of a son and a daughter.
The petitioner stated that her husband was admitted to a private hospital from February 13 to April 4, during which she spent a substantial amount of money on his treatment. Her husband is currently being cared for by paramedics at home. She requested the court to permit the sale of the property to cover medical expenses and support the family.
In an intra-Court appeal filed under Clause 15 of the Letters Patent against an earlier order, the Court had initially directed the petitioner to approach the jurisdictional Civil Court instead of granting her guardianship in a writ petition under Article 226 of the Constitution of India.
However, the Division Bench of G.R. Swaminathan and P.B. Balaji JJ set aside this order and issued the following directions:
After interacting with the petitioner’s children, the court was satisfied that the family had no source of income. Without permission to manage the mentioned property, they would face significant hardship. The court acknowledged that caring for a person in a comatose state is challenging and requires monetary support, including hiring paramedical staff.
The Court noted that the property belongs to the husband and should be used for his benefit. Since the petitioner’s husband cannot care for himself, the appellant is bearing the entire burden. Thus, the Court found it improper to direct the appellant to move to the civil court.
It emphasised that when relief can be granted based on admitted and proven facts, there is no reason to deny the appellant on technical grounds of writ petition maintainability. The court also pointed out that similar writ petitions had been entertained and reliefs granted, making the single judge's decision to dismiss the writ petition incorrect.
The court reiterated that after the petitioner's husband's demise, the fixed deposit would be divided into three equal shares for his legal heirs: his wife, daughter and son.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Advocate Shailendra Mani Tripathi has lodged a writ petition with the Supreme Court, urging amendments to the regulations and the Advocates Act of 1961. The petition seeks to exempt legal practitioners from the customary requirement of wearing black coats and gowns, particularly during the intense heat of summer.
Tripathi contends that enforcing the wearing of black attire in hot weather poses significant safety risks to lawyers. The petitioner, represented by a consortium of legal experts, argues that the obligatory attire of black coats exacerbates the discomfort experienced by legal professionals, potentially jeopardising their health and well-being.
As temperatures escalate, the attire, symbolic of the legal profession's decorum, transforms from a symbol of dignity to a potential hazard, exposing lawyers to the perils of heat exhaustion and dehydration.
The petition seeks a directive to the State Bar Councils to determine the 'months of prevailing summer' for each state to exempt the wearing of the black coat and gown during those months.
The petitioner also seeks the establishment of a committee of medical experts to study how wearing warm clothes in summer affects the health and quality of work for advocates and to suggest recommendations accordingly.
The petitioner emphasised that the dress code of black coats and gowns originated from British tradition, but the Advocates Act of 1961 has failed to consider India's climatic conditions.
Furthermore, the plea proposes alternative measures to ensure the preservation of professional decorum while mitigating the risks associated with oppressive heat waves. Suggestions include allowing advocates to opt for lighter, breathable fabrics or providing exemptions from the mandatory wearing of black coats during periods of extreme heat.
Indian capital New Delhi recently hit a record-breaking 52.3 degrees Celsius. With the rising temperatures in the country, wearing a gown and coat may lead to excess absorption of heat and pose serious health risks. This not only makes work conditions unsafe and uncomfortable but also violates the right to a safe workplace.
The plea serves as a poignant reminder of the judiciary's duty to safeguard the interests of its officers of the court, whose invaluable contributions underpin the administration of justice. It underscores the need for a nuanced and empathetic approach towards dress regulations, one that strikes a delicate balance between tradition and practicality.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Arbitration has witnessed significant growth globally, with third-party funding (TPF) emerging as a notable aspect in recent years. TPF involves an entity unrelated to the dispute providing financial assistance to one party in exchange for a share of the proceeds if the case is successful.
In the Middle East and North Africa (MENA) region, countries like the UAE, Egypt, Saudi Arabia, Oman, Kuwait, Bahrain, Turkey and Qatar have shown increasing interest in TPF, reflecting its evolving legal landscape and commercial dynamics.
Third-party funding in arbitration is a practice where an external entity finances some or all of the costs associated with a party's pursuit or defense of a claim in exchange for a portion of the proceeds recovered from the successful resolution of the dispute. This funding model is particularly prevalent in complex commercial disputes where the cost of arbitration proceedings can be substantial.
What are the Advantages of Third-Party Funding
Disadvantages and Risks
The Funder's Involvement and Compensation
Funders play an active role in the arbitration process, collaborating with legal teams. If the claimant prevails, the funder receives a predetermined share of the damages awarded.
TPF offers opportunities for increased access to justice and risk mitigation but presents challenges related to control, conflicts of interest and cost implications. Regulatory frameworks and ethical standards will shape its future trajectory.
(Seyaad Arif is a barrister practicing via SOA LAW, a regulated Bar Standards Board Entity in England & Wales, specialising in Adjudication, Construction Law, Dispute Resolution, International Arbitration and Litigation. He also assists clients in Egypt, Oman, Saudi Arabia and the United Arab Emirates)
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Federal Tax Authority (FTA) has taken a significant step towards clarifying the application of Corporate Tax within Free Zones by issuing a comprehensive guide.
The guide aims to streamline the understanding and implementation of Corporate Tax regulations for Free Zone Persons, particularly in light of the Free Zone Corporate Tax regime.
Under this regime, Qualifying Free Zone Persons benefit from a favourable 0% Corporate Tax rate on their Qualifying Income. The guide serves as a roadmap for businesses operating within Free Zones, offering detailed insights into the conditions for eligibility as a Qualifying Free Zone Person and the types of activities that qualify for this advantageous tax treatment.
By providing illustrative examples, the guide assists businesses in navigating the complexities of Corporate Tax Law as it pertains to Free Zone operations. It elucidates key concepts such as the calculation of Corporate Tax, the determination of Qualifying Income and the treatment of income derived from various sources, including immovable property and Qualifying Intellectual Property.
Furthermore, the guide addresses the importance of maintaining a substantial presence for Qualifying Free Zone Persons and outlines criteria for identifying Permanent Establishments both within and outside the Free Zones.
It underscores the FTA's commitment to ensuring compliance with tax regulations while facilitating the growth of businesses operating within Free Zones.
Recognizing the vital role played by Free Zones in bolstering the UAE economy, the FTA emphasises the manifold benefits offered by these economic hubs. These include relaxed foreign ownership restrictions, streamlined administrative procedures and state-of-the-art infrastructure, all of which contribute to fostering a conducive environment for business growth and innovation.
The FTA urges all Free Zone Persons to thoroughly review the guide to gain a comprehensive understanding of the regulatory framework governing Corporate Tax within Free Zones.
The guide, along with other relevant implementing decisions, is readily accessible on the FTA's official website, reaffirming the authority's commitment to transparency and accessibility in tax administration.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
A woman was sentenced to six years and eight months in jail for laundering massive amounts of bitcoin linked to an alleged US$5.6 billion investment fraud in China.
Jian Wen, a former fast food worker who transformed her life with a luxurious lifestyle, was found guilty of one count of money laundering relating to about 150 bitcoin for a Chinese woman between 2017 and 2022. In the wider operation, the police seized over 61,000 bitcoin, now worth over $4 billion.
“This was an offence which was sophisticated and involved significant planning,” Judge Sally-Ann Hales said Friday, as she handed down the sentence. “I am in no doubt that you knew what you were dealing with.”
Wen, who holds British and Chinese citizenship, consistently denied all allegations against her and is appealing against her conviction. She said she was a victim and only followed instructions from a woman described as the “mastermind” by her lawyers.
Wen did not know the money was obtained in a fraud, her lawyer said. She was not accused of any role in the underlying fraud in China. Instead she was “duped and used” and she “bitterly regrets her involvement” with the alleged mastermind, her lawyer Mark Harries said during the Friday hearing.
The prosecution insisted that Wen was driven by greed and financial gains and was the decision maker for the cryptocurrency wallet in her control.
In March, the jury found Wen guilty of one count of money laundering after the prosecution showed thousands of pieces of evidence including WhatsApp messages between Wen and the alleged mastermind in a nearly two-month long trial.
The trial also highlighted the role of a series of intermediaries and professionals in London and Dubai who helped the two women launder bitcoin and buy assets in the UK, Europe and Dubai.
Wen, 42, went from living in the basement of an East London Chinese takeaway where she was employed, to a six-bedroom mansion in a leafy suburb, spending thousands on luxury shopping sprees at Harrods after she started working for the now-arrested woman fugitive.
Separately, the woman’s lawyer said in a statement that she denies the allegations of fraud against her. He said that she acquired substantial holdings of bitcoin through lawful means.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Veteran Indian music composer Ilaiyarajaa has issued a legal notice to the creators of the Malayalam blockbuster film 'Manjummel Boys' for using the song ‘Kanmani Anbodu’ from the 1991 Tamil movie ‘Gunaa’ without his consent.
Chidambaram, the director of the film, posted a segment of the news on Instagram alongside another Tamil song, "Malarnthum Malaratha," composed by TM Soundararajan for the Tamil film ‘Pasamalar’.
Ilaiyarajaa contends that he is the original composer of the song 'Kanmani Anbodu' and asserts that mere acknowledgment in the title cards does not suffice as permission or licensing for its usage. He accuses the producers of exploiting his work commercially and attracting viewership and publicity through unauthorised means.
Furthermore, Ilaiyarajaa emphasises his absolute rights, including moral rights, over all his original musical compositions. His legal representative demands that the film producers either obtain the composer’s permission, remove the song from the movie, or provide compensation within 15 days, threatening legal action against Soubin Shahir, Babu Shahir, and Shawn Antony if they fail to comply with these options.
In a legal battle dating back to 2015, the Madras High Court had restrained four music labels from monetiSing Ilaiyarajaa’s musical works. In 2019, the court recognized the composer’s special moral rights over 4,500 songs composed for over 1,000 movies between the 1970s and 1990s.
However, in a recent hearing in 2024, a bench of Justices R. Mahadevan and Mohammed Shaffiq asserted that Ilaiyarajaa cannot be considered above the law, despite his stature.
Moreover, in 2020, the Indian Record Manufacturing Company Ltd (INRECO) claimed complete copyright ownership of Ilaiyarajaa’s musical works and sound recordings in approximately 30 films, citing written agreements with the respective film producers.
However, Ilaiyarajaa argued that digital rights emerged after 1996, and the music company should not have authority over his work, contending that the film’s owner cannot supersede his copyright.
Regarding 'Manjummel Boys,' which achieved significant success at the Kerala and Tamil Nadu box offices, becoming the first Malayalam film to gross over Rs200 crore within 26 days of its release, the movie centres around the camaraderie among a group of young men from a lower-middle-class background embarking on a trip to Kodaikanal, Tamil Nadu.
Notably, Kamal Haasan, who starred in Gunaa, congratulated the entire cast and crew of 'Manjummel Boys' post-release, underscoring its success.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Pune police detained the father of a minor involved in the Pune Porsche crash case under Sections 75 and 77 of the Juvenile Justice Act for allowing his son to consume alcohol and drive the Porsche while intoxicated.
The court has sent the minor’s father to police remand. The incident occurred on May 19 in Pune, India, around 2:30 am. CCTV footage revealed that the intoxicated minor was driving the car at an estimated speed of 160 km/h when it crashed into the victims' motorcycle.
This was confirmed after a police investigation. Immediately after the accident, the minor was arrested and taken to the police station for further investigation. It was discovered that he was a minor and intoxicated with alcohol.
He was immediately sent for a medical examination and a blood test. The police booked him under the following sections of the Indian Penal Code: 304, 304A, 337, 338, 427, and 279, as well as MVA sections 184 and 119/177.
What Led to the Massive Media Outrage?
On May 19, the Juvenile Justice Board of Pune granted bail to the minor under the following conditions: Write a 300-word essay on road accidents and their solutions; and assist traffic officers and study traffic rules for 15 days.
These conditions led to a massive outrage on social media. The public questioned why a minor who committed such a negligent act received only a 300-word essay and 15 days of work with the traffic officers as punishment.
After the bail conditions went viral, people criticised the police and the Indian judiciary system. This soon became a pan-Indian breaking news story and gained attention nationwide.
The police then invoked Motor Vehicles Act (MVA) section 185 in the case and filed a review application against the bail granted to the minor boy.
The police commissioner stated that generally, IPC section 304A (causing death by negligence) is invoked in accident cases. “But considering the heinous nature of the incident, we have invoked IPC section 304, which deals with culpable homicide and provides punishment of up to 10 years of imprisonment,” he said.
Now the matter is in the Pune District Court. The police arrested the boy’s father, a real estate developer in Pune, for allegedly giving him a car without number plates and money despite knowing that he drinks and is a minor without a driving licence.
The police have also arrested the owners and managers of two Pune restaurants, where liquor was allegedly served to the minor boy before the accident.
A separate FIR was lodged against the father and the owners and managers of the two restaurants under sections of the Juvenile Justice Act and the MVA. The court has remanded them in police custody till May 24.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a major legal triumph, the legal team representing the complainant, spearheaded by NYK Law Firm, achieved a significant victory by securing a conviction in a theft case.
This case, adjudicated in the Criminal Court of Dubai, centered on the theft of a high-value luxury watch. The defendant was guilty of exploiting the absence of the property owner to steal the watch during an evening gathering.
Throughout the trial, the complainant's legal team demonstrated exceptional skill and knowledge, meticulously presenting evidence and expert testimonies that convincingly established the defendant's guilt.
NYK Law Firm’s lawyers argued persuasively, underlining the premeditated nature of the theft and the defendant's possession of the stolen item. Their ability to dissect and counter the defendant's arguments was pivotal.
The defense suggested that someone else might have placed the watch in the defendant's bag, but this claim was effectively dismantled by the complainant's legal representatives through strategic questioning and presentation of irrefutable forensic evidence.
The Judgment reflected the rigorous effort and deep legal understanding of the complainant's team, underscoring their role not only in securing justice for their client but also in demonstrating the strength of the legal system.
The defendant was sentenced to imprisonment, deportation and has also reserved the right of the complainant to claim compensation.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Abu Dhabi Global Market’s financial regulator has imposed a $122,500 fine on the investment platform Sarwa Digital Wealth (Capital) for violating rules related to offering securities.
The penalty was issued after Sarwa was found to have offered securities in ADGM without an approved prospectus during April and May of the previous year, breaching Financial Services Regulatory Authority (FSRA) regulations, the financial centre announced.
A prospectus must be approved by the FSRA and should contain all necessary information for an investor to make an informed decision regarding the investment, according to ADGM. Without this prospectus, potential investors did not receive sufficient information to make an informed decision, it stated.
In total, 144 investors subscribed to the offer, committing approximately $2.1 million, ADGM data revealed.
However, Sarwa promptly reversed all committed subscriptions after being notified by the FSRA about the concerns, ADGM noted.
Sarwa also qualified for a fine reduction by agreeing to settle early, with an additional reduction for recognizing the regulatory action taken by the DFSA.
Since its opening in 2015, ADGM has been home to international banks, insurance companies, global asset managers, as well as financial technology and cryptocurrency exchanges, maintaining strict oversight of companies operating within its jurisdiction.
In February, ADGM fined Baker Tilly and its audit principal $62,500 for auditing failures and six financial institutions over $46,000 for reporting violations.
In October of the previous year, it also levied a $486,000 penalty on FinTech company Pyppl for breaking anti-money laundering regulations. In August, it fined KPMG Lower Gulf $30,000 for breaches of audit rules.
The FSRA’s investigation was coordinated with the Dubai International Financial Centre, whose Dubai Financial Services Authority conducted a parallel investigation into a company linked to Sarwa within its jurisdiction.
Sarwa, which has over 150,000 registered users, utilises artificial intelligence to assess an investor’s risk tolerance and assigns them a portfolio of exchange-traded funds, charging lower advisory fees than traditional financial advisers and wealth managers.
In August 2021, Sarwa raised $15 million in a funding round led by Abu Dhabi's Mubadala Investment Company. This Series B round brought the trading platform’s total funding from regional and international investors to about $25 million since its inception, the company reported at the time.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
OpenAI announced it would pull one of the ChatGPT voices named ‘Sky’ after it created controversy for its resemblance to the voice of actress Scarlett Johansson in ‘Her’, a movie about artificial intelligence.
“We’ve heard questions about how we chose the voices in ChatGPT, especially Sky,” the Microsoft-backed company posted on X. “We are working to pause the use of Sky while we address them.”
The 2013 sci-fi film ‘Her’ is about a man who falls in love with an artificial intelligence system named Samantha, voiced by Johansson.
The news comes one week after OpenAI debuted a range of audio voices for ChatGPT, its viral chatbot, a new AI model called GPT-4o, and a desktop version of ChatGPT.
Users watching the live demonstration of ChatGPT’s audio capabilities immediately began to post on social media that the ‘Sky’ voice sounded like Johansson in the movie. OpenAI CEO Sam Altman seemingly referenced the film in a post on X, simply writing “her.”
In a Sunday blog post, OpenAI wrote that the chatbot’s five voices -- Breeze, Cove, Ember, Juniper and Sky -- were selected through a casting and recording process that spanned five months. Casting professionals received about 400 submissions from voice and screen actors and whittled that number down to 14, according to the company. Then an internal team selected the final five.
“Sky’s voice is not an imitation of Scarlett Johansson but belongs to a different professional actress using her own natural speaking voice,” the company wrote. “To protect their privacy, we cannot share the names of our voice talents.”
OpenAI plans to test Voice Mode in the coming weeks, with early access for paid subscribers to ChatGPT Plus, according to recent blog posts, and it also plans to add new voices.
OpenAI also said the new model can respond to users’ audio prompts “in as little as 232 milliseconds, with an average of 320 milliseconds, which is similar to human response time in a conversation.”
The company, founded in 2015, has been valued at more than $80 billion by investors. It’s under pressure to lead the generative AI market while finding ways to make money as it spends massive sums on processors and infrastructure to build and train its models.
OpenAI, Microsoft and Google are at the helm of a generative AI gold rush as companies in seemingly every industry race to add AI-powered chatbots and agents to avoid being left behind by competitors.
Earlier this month, OpenAI rival Anthropic announced its first enterprise offering and a free iPhone app.
A record $29.1 billion was invested across nearly 700 generative AI deals in 2023, an increase of more than 260 per cent from the prior year, according to PitchBook. The market is predicted to top $1 trillion in revenue within a decade.
In last week’s live presentation, OpenAI team members demonstrated ChatGPT’s audio capabilities. For example, the chatbot was asked to help calm someone before a public speech.
OpenAI researcher Mark Chen demonstrated the model’s ability to tell a bedtime story and asked it to change the tone of its voice to be more dramatic or robotic.
He even asked it to sing the story. The team also asked it to analyse a user’s facial expression to comment on the emotions the person may be experiencing.
“Hey there, what’s up? How can I brighten your day today?” ChatGPT’s audio mode said when a user greeted it.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Have you applied for an entry permit for an overseas employee or a family member you wish to sponsor? If your plans have changed, it is essential to cancel their entry permit through the immigration authority where you initially applied.
On May 16, the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP) shared the necessary steps to complete this process via their social media channels.
How to Cancel an Entry Permit
According to the ICP, here are the steps to cancel an entry permit:
Two Scenarios For Entry Permit Cancellation
It’s crucial to note that an entry permit can only be cancelled if it has not been used. If the individual has already entered the UAE with the permit, a different application is required.
What is the process’s utility for companies and residents? If you are sponsoring your spouse or other family members, you will get them the ‘family residency entry permit’ for their entry into the UAE.
Following that, you have two months to apply for their medical fitness test, Emirates ID and visa. However, if plans change before this, you can cancel their entry permit through this process.
Applications can be made directly through the ICP for Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah, Fujairah and Umm Al Quwain, or through the General Directorate of Residency and Foreigners Affairs Dubai (GDRFA-D) if the permit was issued in Dubai. To find registered typing centres with the ICP, visit the webpage.
You can visit an ICP-registered typing centre or an Amer centre in Dubai to apply for the cancellation. For ICP, present the sponsor’s Emirates ID. For Amer centres, the sponsor must visit the centre with their Emirates ID.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
WikiLeaks' founder Julian Assange's battle to avoid extradition to the United States received a huge boost on May 20 when London's High Court ruled that US assurances over his case were unsatisfactory and he would get a full appeal hearing.
In March, the High Court provisionally gave Assange, 52, permission to appeal on three grounds. But it gave the US the opportunity to provide satisfactory assurances that it would not seek the death penalty and would allow him to seek to rely on a First Amendment right to free speech in a trial.
In a short ruling, two senior judges said the US submissions were not sufficient and said they would allow the appeal to go ahead.
Assange has been indicted on 17 espionage charges and one charge of computer misuse over his website’s publication of a trove of classified US documents almost 15 years ago.
At a hearing on Monday, the two judges granted permission to appeal. This means Assange will now be able to bring an appeal at the High Court in London.
Assange has been engaged in a 12-year legal battle to avoid extradition from the UK. A large crowd gathered outside the High Court ahead of the decision.
He was not in court for the hearing but his wife Stella, with whom he has two children aged five and seven, was present to hear the decision.
The WikiLeaks founder fled to the Ecuador embassy in London in 2012 while he was facing extradition to Sweden, where he was being investigated after a rape allegation was made against him two years earlier.
He has been battling extradition to the US since 2019 and is currently being held in the maximum-security Belmarsh Prison in London.
Assange’s lawyer Edward Fitzgerald said judges should not accept the assurance given by US prosecutors that he could seek to rely upon the rights and protections given under the First Amendment, as a US court would not be bound by this.
"We say this is a blatantly inadequate assurance," he told the court. Fitzgerald accepted a separate assurance that Assange would not face the death penalty, saying the US had provided an "unambiguous promise not to charge any capital offence".
The US government says Assange’s actions went way beyond those of a journalist gathering information, amounting to an attempt to solicit, steal and indiscriminately publish classified government documents.
James Lewis, representing the US authorities, said Assange’s conduct was “simply unprotected” by the First Amendment.
“No one, neither US citizens nor foreign citizens, are entitled to rely on the First Amendment in relation to publication of illegally obtained national defence information giving the names of innocent sources, to their grave and imminent risk of harm,” he told the court.
US prosecutors allege that Assange encouraged and helped US Army intelligence analyst Chelsea Manning to steal diplomatic cables and military files that WikiLeaks published.
Assange's lawyers say he could face up to 175 years in prison if convicted, though US authorities have said any sentence would likely be much shorter.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a significant move aimed at regulating digital media and enhancing transparency in the UAE's media landscape, the Federal Decree-Law No. 55 of 2023 has been enacted.
This comprehensive legislation marks a pivotal moment in the evolution of media governance, setting clear guidelines for digital media activities and outlining the responsibilities of media practitioners and platforms.
The proliferation of digital media platforms and the widespread dissemination of information online have led to the need for robust regulation to safeguard public interest, uphold journalistic standards and combat misinformation.
Recognising this imperative, the UAE government embarked on drafting legislation to address the unique challenges posed by the digital media landscape.
Key Provisions of Federal Decree-Law No. 55/2023
Registration Requirement for Digital Media Outlets: One of the cornerstone provisions of the decree-law is the requirement for digital media outlets to register with the relevant authorities. This registration process aims to ensure accountability and transparency in the digital media sector, enabling authorities to monitor the activities of media entities operating within the UAE.
Editorial Responsibility and Professional Standards: The decree-law underscores the importance of upholding editorial responsibility and adherence to professional standards in digital media content production. Media practitioners are required to adhere to principles of accuracy, fairness and objectivity, thereby safeguarding the credibility of digital media platforms.
Combating Misinformation and Fake News: In line with global efforts to combat misinformation and fake news, the decree-law contains provisions aimed at curbing the dissemination of false or misleading information. Media outlets are obligated to verify the accuracy of information before publishing or sharing it, thereby promoting responsible journalism and safeguarding public trust.
Protection of Privacy and Personal Data: RecogniSing the importance of privacy rights in the digital age, the decree-law includes provisions to protect the privacy and personal data of individuals. Media outlets are required to adhere to strict data protection regulations and obtain consent before collecting, processing or disclosing personal information.
Enforcement Mechanisms and Penalties: To ensure compliance with the provisions of the decree-law, robust enforcement mechanisms have been established, empowering regulatory authorities to take appropriate action against violations. Penalties for non-compliance may include fines, suspension of operations, or revocation of licenses, depending on the severity of the offense.
Impact and Implications: The enactment of Federal Decree-Law No. 55 of 2023 represents a significant milestone in the regulation of digital media in the UAE. By establishing clear guidelines and accountability mechanisms, the decree-law aims to promote responsible journalism, protect public interest and foster a vibrant and trustworthy media ecosystem.
As the digital media landscape continues to evolve, regulatory frameworks must adapt to address emerging challenges and safeguard the integrity of the media environment.
Federal Decree-Law No. 55/2023 reflects the UAE government's commitment to promoting transparency, accountability and professionalism in the digital media sector, ensuring that media practitioners and platforms operate in accordance with the highest standards of ethics and integrity.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
If you're selling items online, be cautious of fraudsters who send fake bank receipts, the police have warned.
On Friday, the Abu Dhabi Police issued an alert about a scam targeting online sellers.
These fraudulent buyers typically send 'receipts' claiming they have transferred the money, but no payment is actually made.
Col. Muslim Muhammad Al Amari, director of the Criminal Security Sector, explained that the scam begins when a fraudster identifies an unsuspecting seller who has listed an item for sale online, often on social media platforms.
"After negotiating the terms of the transaction, the 'buyer' sends fake bank receipts, stating that the transfer process will take several days. Using this supposed 'proof' of payment, the scammer then asks to receive the items," said Col. Al Amari.
Victims of this scam end up handing over their items to the fraudulent buyer, only to discover later that the receipt was fake and no money was transferred.
Col. Al Amari urged sellers to withhold items until they have confirmed the payment has been credited to their account. "Do not take any action until the payment has been received," he advised.
Those who encounter such scams should report them immediately to the police. In Abu Dhabi, residents can contact the police via the toll-free hotline 8002626 (AMAN2626), send an SMS to 2828, or email aman@adpolice.gov.ae. Complaints can also be filed through the police's official app.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
All UAE banks will gradually replace over 10 million existing debit cards with Jaywan debit cards over the next two and a half years.
Abdulaziz Al Ghurair, chairman of the UAE Banks Federation (UBF), confirmed that the rollout will be completed in stages to ensure a smooth transition.
"Replacing these cards will take time, but banks have committed to launching Jaywan cards and will stop issuing other branded cards, focusing on Jaywan locally," said Al Ghurair during a media briefing.
Andrew McCormack, chief operating officer at Al Etihad Payments (AEP), stated: "We have an aggressive growth plan for Jaywan, to start issuing debit cards in Q2 2024. The Central Bank of the UAE will mandate all banks to issue Jaywan debit cards to their customers."
Jaywan cards will be co-badged with Mastercard or Visa, enabling extensive global use.
"The Jaywan card will have two badges to accommodate the large segment of UAE residents who travel extensively, extending its reach beyond the UAE, GCC, and India with the help of co-badge partners Mastercard and Visa," McCormack explained.
In the future, Jaywan is expected to be accepted at the GCC level and through country-to-country agreements with nations like China and India.
The card was created by Al Etihad Payments (AEP), a subsidiary of the Central Bank of the UAE, to enhance the country's financial market infrastructure.
In October 2023, AEP partnered with NPCI International Payments Limited (NIPL) of India to develop the UAE’s first national Domestic Card Scheme (DCS).
Jaywan, announced during Indian Prime Minister Narendra Modi's visit to the UAE, uses licensed technology from India's payment operator NPCI.
The card will be issued to UAE residents with bank accounts or those banking with exchange houses and will be usable in India once electronic linkages are established.
According to Global Data, the UAE’s cards and payment market was estimated to be nearly $120 billion (Dh440.4 billion) by the end of 2022, with expectations of high single-digit growth in the coming years.
Jaywan's relationship extends into India and GCC countries, enhancing its domestic and international utility without solely relying on Mastercard or Visa systems.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Maternity leave is a critical component of employment, essential for ensuring the well-being of female workers during and after pregnancy.
The UAE Labour Law prioritises workers' rights, particularly focusing on the welfare of female employees during maternity.
Does the UAE Labour Law Guarantee Maternity Leave?
Yes, the UAE labour law guarantees maternity leave for female employees https://thelawreporters.com/the-legality-of-maternity-laws-in-uae/ even if it is not explicitly included in their employment contracts.
Articles 30 and 65 of Federal Decree-Law No. 33/2021 clearly define the entitlements for female workers.
This legal framework transcends contractual agreements, creating a protective and supportive environment for female workers in the UAE.
Article 30 – Maternity Leave
Female workers are entitled to 60 days of maternity leave, with the first 45 days at full pay and the next 15 days at half pay.
After using maternity leave, a female worker can take up to 45 additional days without pay due to pregnancy or childbirth-related illness, provided she has a medical certificate.
Maternity leave is applicable if childbirth occurs after six months of pregnancy, regardless of the fetus's condition.
If a female worker gives birth to a sick or disabled child, she is entitled to an additional 30 days of leave with full pay and may extend this for another 30 days without pay.
A female worker can request maternity leave at any time from the last day of the month preceding the expected month of delivery, supported by a medical certificate.
The law prohibits termination or warning of termination due to pregnancy, maternity leave, or absence from work as stipulated in Article 30.
Upon returning from maternity leave, a female worker is entitled to one or two daily rest periods for breastfeeding, each not exceeding one hour, for up to six months from the date of delivery.
Article 65 – Nullification of Contrary Conditions
Article 65(3) emphasises the nullification of any conditions that contradict the Decree Law, deeming them null and void unless they are more beneficial to the worker.
Waivers or reconciliations that violate the Decree-Law are also considered null and void.
Article 65 safeguards workers' rights, ensuring that the Decree-Law does not override any additional rights granted under other legislations, agreements, approvals, systems, or employment contracts.
This ensures that workers benefit from more advantageous conditions than the minimum standards set by the Decree Law, promoting fairness and well-being.
Maternity Leave in the Federal Government
As per Article 19 of Federal Decree-Law No. 49 of 2022 on Human Resources Law in the Federal Government, female employees in permanent positions are entitled to three months of maternity leave with full salary.
After returning to work, for six months, female employees are entitled to two hours of reduced working hours daily, either at the beginning or end of the workday, to nurse their child. These breaks are fully paid.
Article 20 also grants female employees five working days of fully paid parental leave, which can be taken continuously or intermittently within six months of the child's birth.
Male employees are also entitled to this leave. Maternity leave cannot be combined with leave without pay.
Maternity Leave in Abu Dhabi
Female employees are entitled to three months of fully paid maternity leave. Upon returning, they are entitled to two hours of daily leave for the first year after delivery to nurse their child. Male employees receive three days of paternity leave.
Maternity Leave in Dubai Government
Decree No. 14 of 2017 regulates maternity, miscarriage, stillbirth and childcare leave for female employees in the Dubai Government.
Female employees receive 90 days of maternity leave from the delivery date and can apply for maternity leave up to 30 days before the expected delivery date.
Annual leave and unpaid leave can be added to maternity leave, totalling up to 120 days.
For one year after the baby’s birth, mothers are entitled to two hours of reduced working hours daily for nursing, either at the beginning or end of the workday. There is no nursing break during Ramadan.
If a female employee gives birth to a child with special needs, she is granted childcare leave until the child turns one-year-old.
According to Dubai Government Human Resources Management Law No. 8 of 2018, male employees are entitled to three days of fully paid paternity leave, taken within one month of the child's birth.
Dubai Government Human Resources Department issued maternity guidelines for Dubai Government employees, which include medical tips for pregnant employees and information on their rights and duties as provided by Decree No. 14 of 2017.
Maternity Leave in Sharjah Government
Since a local decree in 2016, female employees in the Sharjah Government are entitled to 120 days of maternity leave, including 90 days of paid leave and 30 days of unpaid leave.
The decree allows adding annual leave to maternity leave and grants new mothers two hours for nursing their child for six months.
Maternity Leave in Ras Al Khaimah Government
In November 2016, the Ras Al Khaimah Government extended maternity leave to 90 days of paid leave. Previously, in 2015, the nursing period was extended to one year from the baby's birth.
Female employees in the UAE are guaranteed maternity leave under the Labour Code https://thelawreporters.com/uae-maternity-and-paternity-leave-all-you-need-to-know/ , regardless of whether it is explicitly stated in their employment contracts.
This legal protection ensures that female employees can take necessary time off during pregnancy and childbirth without fear of contractual limitations.
Employers must comply with these regulations to foster a workplace that respects and upholds the rights of all employees.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Whether you're looking to prolong your holiday or explore potential employment opportunities, Dubai offers a wealth of experiences for visitors. If you find yourself wanting to extend your time in this vibrant city, here's a comprehensive guide to help you through the process.
If you're currently on a 30 or 60-day tourist visa, you can extend your stay by another 30 days within the country. To renew your tourist visa, you can choose from the following channels:
GDRFA Website
*Register on the General Directorate of Residency and Foreigners Affairs (GDRFA) website using your email address.
*Log in with your username and click on "New Application."
*Select "For Myself" and fill in the required application data.
*Attach a copy of your passport.
*Pay the service fee of Dh600, plus a five percent value-added tax.
GDRFA App
*Sign up or log in to the General Directorate of Residency and Foreigners Affairs Dubai (GDRFA) app.
*Navigate to the dashboard and access the dependent visa details.
*Tap the 'Renew Residence' icon and fill in the necessary details.
*Choose your preferred delivery method.
*Attach a copy of your passport and submit the fee.
*Await confirmation via SMS/email.
ICP Website
*Register on the Federal Authority for Identity and Citizenship (ICP) website using your email address.
*Log in with your username and access "Public Visa Services."
*Click on 'Extension of Current Visa' and fill in the application details.
*Attach a copy of your passport and proceed to pay the fee.
*Await confirmation via SMS/email.
Amer Service Centre
*Visit the nearest Customer Happiness Centre and obtain an automated turn ticket.
*Submit your application along with all required documents.
*Pay the service fee to the customer service representative.
Amer Website
*Visitamer247.com and click on "UAE Tourist Visa" in the top-right corner.
*Choose the relevant visa type and click "Apply Now."
*Complete the payment process.
While the standard visa extension fee is Dh600, plus five per cent tax, the total amount may vary based on individual circumstances. Once you've completed the application process, you can expect to receive a response within 48 hours or less.
With a straightforward process outlined through various channels, obtaining a visa extension is convenient and efficient. So now, you don't need to worry about the extended stay; just relax and enjoy all that Dubai has to offer.
In the UAE, individuals holding a golden residency visa are authorised to participate in employment activities, as per Article 7 of the Employment Law and Article 6(1)(j) of Cabinet Resolution No. 1 of 2022.
The resolution specifies that the work permit issued to golden visa holders is exclusively for individuals employed by establishments registered with the ministry seeking to hire employees with golden residency visas.
Prior to obtaining a golden residency visa, employees are required to inform their employer of the change in their UAE residency status. Subsequently, the employer must proceed to cancel the existing work permit and UAE residency visa of the employee.
Article 7(3) of Cabinet Resolution No. 1 of 2022 outlines the procedures for canceling work permits, including:
*Submission of an application for cancelling the work permit through the specified channels by the Ministry.
*Completion of the required data and attachment of documents.
*Settlement of any fines for delays in issuing the work permit or for failure to renew it, if applicable.
*Confirmation by the establishment that the worker has received all entitled benefits.
*Adherence to any additional conditions determined by resolution of the Minister or their delegate.
Once the work permit of a prospective UAE golden residency visa holder employee is cancelled, they are eligible to sign a new employment contract with either their existing employer or a prospective one, under Administrative Resolution No. 38 of 2022.
The requirements for obtaining a work permit through the Ministry of Human Resources and Emiratisation
(MoHRE) for a UAE golden residency visa holder, as per Administrative Resolution No. 38 of 2022, include:
*Clear-coloured photo with a white background.
*Copy of a valid passport, with a minimum validity of six months, along with a copy of a valid residency (golden) visa.
*Approved employment contract issued by the ministry, signed by both the employer and the employee.
Academic Certificates
*For Skill levels (1 & 2): Bachelor's Degree or higher, attested by competent authorities.
*For Skill levels (3 & 4): Diploma graduate or higher, attested by competent authorities.
*For Skill level (5): High school certificate, attested by competent authorities. State-issued certificates are excluded.
*A professional license issued by the competent authority, for example, doctor, nurse, etc.
Upon acquiring a golden visa residency, individuals have the option to request their employer to initiate the process for a new work permit.
Transitioning to a golden visa in Dubai enables individuals to engage in employment activities, supported by UAE regulations. For additional assistance, you can contact the MoHRE.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Federal Decree-Law No. 33 of 2021 concerning the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 implementing Federal Decree-Law No. 33 of 2021 on Employment Relations Regulation, and Federal Decree-Law No. 29 of 2021 concerning Entry and Residence of Aliens come into play when employees plan to resign in the UAE.
According to Article 53 of the Employment Law, employers must settle all financial obligations owed to employees within 14 days from the contract's expiration, including salaries and other compensations as per the contract terms or relevant resolutions.
Article 7 of Cabinet Resolution No. 1 of 2022 outlines procedures for issuing, renewing and cancelling work permits. Employers must initiate the cancellation process of an employee's work permit with the Ministry of Human Resources & Emiratisation (MoHRE) as per Article 7(3).
Cancellation procedures include submitting an application through specified channels, providing necessary data and documents, paying fines for delays, acknowledging worker entitlements and adhering to additional conditions per resolution.
Additionally, Article 19 of Federal Law No. 6 of 1973 states that individuals must leave the country upon residency revocation.
Article 11 of Federal Decree-Law No. 29 of 2021 outlines fines for individuals residing unlawfully after visa or residence permit cancellation or expiration. Despite visa cancellation, individuals can stay in the UAE until the specified period mentioned in their visa cancellation document issued by relevant authorities.
Resigning employees are entitled to receive salary and end-of-service benefits within 14 days from the date of work permit cancellation, as mandated by law.
Failure of the employer to fulfill financial obligations allows the employee to file a complaint with the Ministry of Human Resources & Emiratisation (MoHRE).
Compliance with UAE employment laws is essential during the resignation process, so it becomes important to understand obligations and timelines to ensure a smooth transition for both employers and employees.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The United Arab Emirates (UAE), as a signatory of the Riyadh Arab Convention on Judicial Cooperation, extends its legal cooperation to Oman, Qatar, Saudi Arabia, Bahrain, Iraq, Algeria, Jordan, Kuwait, Lebanon, Libya, Tunisia and Morocco.
Additionally, the UAE has established bilateral treaties for judicial collaboration with various countries, including the United Kingdom, France, India, Pakistan, Iran, Australia, China and Egypt.
UAE' s Legal Framework on Judicial Cooperation
The UAE has enacted Federal Law No. 39 of 2006, focusing on mutual judicial cooperation in criminal matters, which incorporates the country's extradition law. In 2012, the UAE ratified an extradition treaty aimed at streamlining prisoner transfers between Gulf states and India.
In the realm of legal practice, discussions often centre around extradition procedures in the UAE. Unlike many jurisdictions, the UAE treats extradition not as a public action but as a judicial order, subject to review by superior courts.
The Extradition Process
The following is the process for extradition:
Receipt of Warrant: The requesting state issues a warrant for arrest as per the terms of the extradition treaty.
Endorsement of Warrant: The central government endorses the warrant, enabling the arrest of the fugitive.
Presentation before Magistrate Court: The arrested fugitive is presented before the magistrate court, which confirms the arrest and notifies the central government.
Transfer of Custody: Upon confirmation, the central government arranges for the transfer of the fugitive to the requesting state's authorities.
Key Considerations in Extradition Requests
Several factors influence extradition requests and procedures:
Territorial Jurisdiction: Extradition may be pursued for crimes committed outside the territory, subject to the discretion of the requested country.
Political Crimes: The requested country may refuse extradition for political crimes.
Priority of Extradition Requests: Priority is given to the country most affected by the crime or where it was committed.
Exceptions to Extradition: Both India and the UAE exempt their nationals from extradition requests.
Key Legal Provisions Governing Extradition in the UAE
Key legal provisions governing extradition in the UAE include:
Constitutional Prohibition: Article 38 of the UAE Constitution explicitly prohibits the extradition of citizens and political refugees.
Penal Code: Articles 121 and 132(1) of the UAE Penal Code, Federal Law No. 3 of 1987, outline provisions related to extradition.
Criminal Procedures Code: Article 304(1) of the Criminal Procedures Code, Federal Law No. 35, addresses extradition procedures.
Residency Law: Articles 23 to 29 of the Residency Law, Federal Law No. 17 of 1972, along with Articles 79 to 92 of its Executive Regulations, further delineate aspects of extradition law.
The Process of Extradition Through Diplomatic Channels
Extradition proceedings in the UAE are conducted through diplomatic channels:
Initiation: The requesting party, typically the Attorney General, submits a formal request to the Ministry of Justice in the requesting country.
Transmission: The Ministry of Justice forwards the extradition request to the Ministry of Foreign Affairs, which then communicates it to the embassy of the requesting country in the UAE's capital.
Receipt by Requested Party: The embassy transmits the request to the UAE's Ministry of Foreign Affairs, which subsequently transfers it to the Ministry of Justice.
Enforcement of Extradition Request
The execution of an extradition request involves several steps:
Arrest: Interpol may issue a Red Notice alert to prevent the fugitive from travelling. The prosecutor may then interview the wanted individual.
Deportation or Incarceration: Depending on the nature of the offense, the individual may be immediately deported or detained pending further proceedings.
Examination of Case: In some cases, such as in the UK, the prosecutor reviews the case file received from the requesting jurisdiction and initiates extradition proceedings before a specialised court.
Available Defenses
Various defenses may be invoked during extradition proceedings:
Dual Criminality: Extradition is permissible only if the individual's actions constitute an offense in both the requesting and requested states.
Political Crimes: Opposition to a political regime may serve as a defense under international law.
Human Rights Concerns: Extradition may be refused if there are concerns about human rights violations or unusual punishment in the requesting jurisdiction.
Conflicts of Jurisdiction: Extradition cannot occur if there is a dispute over which jurisdiction has authority.
Diplomatic Protection: Individuals may seek diplomatic protection, but effective nationality and a genuine bond with the protecting state are essential.
Extradition is a complex legal process shaped by international agreements and domestic laws. While treaties facilitate extradition, resolving jurisdictional conflicts and ensuring compliance with human rights standards remain ongoing challenges. The UAE's engagement in extradition treaties reflects the evolving nature of legal cooperation amid globalisation's complexities.
The Abu Dhabi Federal Court of Appeal's State Security Chamber has set a hearing date of July 10 to deliver the verdict in the Case No. 87 of 2023- State Security Offenses, involving the terrorist 'Justice and Dignity Committee' Organisation. This follows a 10-day window granted to defence lawyers to submit their closing arguments.
Eighty-four defendants stand accused in this case of establishing and managing a clandestine terrorist organisation in the UAE known as the 'Justice and Dignity Committee'. The charges against them include planning terrorist acts, fundraising for the Organisation and concealing the source and destination of those funds.
In Thursday's session, attended by the defendants' families and media representatives, the court heard defence lawyers' pleas and their response to the public prosecution. The defence lawyers presented supplementary memos in response to the prosecution's arguments regarding the defendants' pleas.
The public prosecution reaffirmed their position as articulated in the opening statement. The prosecution representative contended that the current charges are materially distinct from those in the prior case number 79 of 2012, as they involve demonstrably criminal actions.
These constitute a separate offence under the principle of material plurality. Notably, the financing of a terrorist organisation was not encompassed in the previous trial. The court also listened -- during the 3-hour session -- to the defendants' own pleadings in the presence of their lawyers.
In their pleadings, the defendants argued that the charges against them were invalid and that the case could not be considered because it had been previously adjudicated in a ruling in the aforementioned case as a primary plea in the case.
They also questioned the evidence presented by the public prosecution, including investigations, technical, financial and media reports. The court then decided to set a hearing date of July 10th to deliver the verdict in the case.
Abu Dhabi's Big Ticket has announced the resumption of its operations starting May 9, with the next live draw set for June 3. Last month, the raffle operator temporarily halted its activities.
During May, anyone purchasing tickets for the upcoming draw will stand a chance to win Dh10 million, with the added perk that customers buying two tickets will receive one for free.
The decision to pause operations in April allowed the company to evaluate its readiness to comply with the evolving regulatory framework established by the GCGRA for a safe and regulated commercial gaming environment.
Having operated in the UAE for 32 years, Big Ticket clarified its decision to suspend operations in alignment with the new directives from the Gaming Regulatory Authority, effective April 1, 2024.
In an FAQ on its website, Big Ticket noted the temporary closure of both Zayed International Airport and Al Ain Airport stores, with kiosks being temporarily disabled during this period.
Expressing gratitude for ongoing support, Big Ticket reassured customers of its commitment to upholding the highest standards of transparency, responsibility, and integrity in all prize operations. All previously won prizes are securely protected and guaranteed.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Spanish prosecutors moved to dismiss a tax fraud case against Shakira just months after opening proceedings against the "Hips Don't Lie" singer over unpaid taxes worth $7 million.
"The Barcelona provincial prosecutor's office for financial crimes has requested that the proceedings against Shakira be closed ... for the 2018 tax year," the prosecutors office said in a statement, pointing to "insufficient evidence".
Prosecutors opened the case in July, accusing the Columbian superstar of using a network of companies, some of them based in tax havens, to cheat the tax office out of 6.6 million euros ($7.09 million) in 2018, including interest and adjustments.
A month later, the so-called Queen of Latin Pop paid 6.6 million euros to settle the debt, her agent told AFP. On November 20, Shakira reached a last-minute settlement with prosecutors on the opening day of her trial over an earlier tax fraud case involving income she earned between 2012 and 2014.
Prosecutors had sought a jail sentence of over eight years for the singer whom they accused of defrauding the tax authorities of 14.5 million euros in a case that centred on how much time she was living in Spain.
Shakira denied the charges, saying she only moved to Spain full time in 2015. By the time the case came to trial, she had already paid 17.45 million euros to settle her outstanding tax debt, prosecutors said at the time.
On the day it opened, the trial -- which had been due to run for three weeks and hear from some 120 witnesses -- was quickly concluded after she agreed to pay a fine of nearly 7.8 million euros to settle the case.
At the time she explained she had settled "with the best interest of my kids at heart" because she needed "to move past the stress and emotional toll of the last several years" and focus on her career.
Now 47, Shakira lives in Miami with her two sons after splitting from Barcelona star defender Gerard Pique. He was himself convicted of tax fraud in 2016 and ordered to pay 2.1 million euros in fines and arrears. Spain's Supreme Court in 2021 annulled his conviction.
Last year, Shakira's superstar Argentine producer Bizarrap won the Latin Grammy for song of the year with a track taking a swipe at Pique -- who has since retired from football -- in which she accuses him of leaving her with a "debt to the tax office".
"People on my team tried to convince me to change the lyrics, but I'm not a UN diplomat. I am an artist and, above all, a woman," Shakira told Spanish celebrity magazine ¡Hola!
Spain has in recent years cracked down on celebrities, including football stars such as Argentina's Lionel Messi and Portugal's Cristiano Ronaldo, for unpaid taxes.
Both players were found guilty of evasion and received prison sentences that were waived for first-time offenders.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In a heart-wrenching turn of events, a tragic incident unfolded in Sharjah, where a seven-year-old Bangladeshi boy lost his life after being left unattended inside a locked vehicle for several hours.
This devastating occurrence not only underscores the dangers of extreme heat, especially within confined spaces, but also raises significant legal concerns surrounding the responsibilities and liabilities of those entrusted with the care of children.
The child, a student of Ibn Sina School, was under the supervision of a female driver hired by his parents for transportation to and from school.
On that fateful Monday morning, , the driver, who lacked the necessary licence for transporting schoolchildren, picked up the students from their homes and parked the car near the school.
Tragically, failing to notice the boy remaining inside, she departed with her husband in another vehicle. It was only upon her return several hours later to pick the students up that the devastating discovery was made – the young boy was lifeless inside the vehicle.
The incident has ignited discussions not only about the immediate safety measures but also about the legal ramifications, including issues of negligence, criminal liability, civil accountability and regulatory compliance.
The shock and grief surrounding the incident have reverberated through the community, with those who know the driver attesting to her state of shock.
The circumstances surrounding the boy's death highlight the dangers of extreme heat, particularly within locked vehicles. With temperatures soaring to nearly 44°C that day, the risk of leaving a child unattended in such conditions is amplified, with experts warning of the potential for fatal consequences.
Despite the heart-breaking tragedy, the boy's parents have reportedly decided to extend forgiveness to the female driver. Yet, uncertainty lingers over whether authorities will initiate legal action without a formal complaint.
If pursued, any legal proceedings would likely centre on issues of negligence, criminal liability, civil liability and regulatory compliance.
Negligence: The driver's failure to ensure the child's safety by leaving him unattended in a locked vehicle may constitute negligence. Negligence involves breaching a duty of care owed to others, resulting in foreseeable harm. In this case, the driver's actions could be deemed negligent, leading to potential criminal charges and civil liability.
Criminal Liability: The driver may face criminal charges for negligent conduct leading to the child's death. Prosecutors could pursue charges such as involuntary manslaughter or endangerment, depending on the circumstances and applicable laws. The severity of the charges would depend on factors such as the degree of negligence and the consequences of the driver's actions.
Civil Liability: The boy's family could pursue a civil lawsuit against the driver for wrongful death and negligence. Civil liability arises from breaching a duty of care owed to others, resulting in harm or loss.
The family may seek compensation for various damages, including emotional distress, medical expenses and funeral costs.
The driver's lack of license and failure to adhere to safety standards could strengthen the family's case for compensation.
Regulatory Compliance: The incident raises concerns about regulatory compliance regarding transportation standards and safety measures. The driver's lack of licence to transport schoolchildren indicates potential violations of transportation regulations.
Authorities may investigate the incident to determine if the driver and any involved parties complied with relevant laws and regulations governing transportation services. Non-compliance could result in legal consequences, including fines or penalties.
Tragically, this is not the first time such an incident has occurred, serving as a stark reminder of the devastating consequences that can result from negligence in child transportation.
This incident has also drawn attention to the prevalence of illegal car lift services, often chosen by parents due to the cost implications of authorized school buses.
Despite the allure of cheaper alternatives, authorities have issued stern warnings against their use, emphasising the comprehensive security measures and oversight provided by licensed school buses.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Porn star Stormy Daniels described her 2006 encounter with Donald Trump in unflattering terms at his criminal trial on Tuesday, testifying she tried not to think about the sex while it took place and feared it would become public.
For several hours Daniels, 45, offered riveting details on the witness stand about her encounter with Trump, 77, and the hush money deal she reached to stay quiet about it ahead of the 2016 election when he won the White House.
She told jurors that her life descended into "chaos" after the arrangement was made public in 2018, saying she was ostracised and harassed at her home.
"Who do you understand Mr Trump to be referring to as horseface and sleazebag in this post?" prosecutor Susan Hoffinger asked her as she displayed a social media post by Trump. "Me," Daniels replied.
Daniels' testimony provided fodder for Trump's lawyers to seek a mistrial, arguing that details, such as her statement that Trump did not wear a condom, served no purpose other than to inflame the jury. Justice Juan Merchan denied that request but agreed that some of her testimony ran too far afield.
Trump's lawyers attacked her credibility and grilled her about inconsistent statements she has made over the years about her time with Trump.
Daniels also conceded that she "hates" Trump and wanted to make money off her story. Her explanation for why she went public after seven years of silence and denials also was unclear.
Trump, the Republican candidate for president again this year, did not react as he watched from the defense table. He has pleaded not guilty to charges of falsifying business records to cover up a $130,000 hush money payment to Daniels and denies having sex with Daniels.
His legal team has suggested that Daniels was angling for a spot on "The Apprentice," a popular reality TV show then hosted by Trump, a New York real estate mogul.
Daniels confirmed that she hoped he would cast her on the show following their encounter. "This was a very big day, a very revealing day. As you see their case is totally falling apart," Trump told reporters outside the courtroom at the end of the day. The trial resumes on Thursday when Daniels will again take the stand.
Trump Made Sexual Advances
Daniels said Trump made sexual advances after inviting her to his hotel suite at a celebrity golf tournament in Lake Tahoe, Nevada. Daniels testified she grew up as the daughter of a low-income single mother.
She said Trump told her: "This is the only way you're getting out of the trailer park." Daniels said she "blacked out" despite consuming no drugs or alcohol after Trump prevented her from leaving the room by blocking the door. She said she woke up on the bed with her clothes off.
"I was trying to think about anything other than what was happening there," Daniels testified. Daniels, whose real name is Stephanie Clifford, said she did not tell Trump to stop. "I didn't say anything at all," she said. She said she left the hotel room quickly afterward.
The Republican politician, who served as president from 2017 to 2021, says the trial is an attempt to hobble his attempt to win back the White House from Democratic President Joe Biden in a Nov. 5 election.
Wearing a black outfit and black glasses, Daniels testified that she worked in strip clubs and pornography after a childhood in which her mother was often gone for days at a time.
Satin Pajamas and a Spanking
She said Trump greeted her at his hotel suite wearing satin pajamas. She said she grew annoyed by Trump's frequent interruptions and asked him: "Are you always this arrogant and pompous?"
Trump then dared Daniels to spank him with a magazine and she obliged. “He was much more polite after that,” she said.
"That's bullshit," Trump appeared to say on Tuesday as he watched from the defendant's table.
The alleged encounter took place while Trump was married to his current wife Melania. Daniels said she confided in only a few people about the sex. She said she saw Trump at public events on several occasions in the years that followed, but then fell out of touch with him after he did not put her on "The Apprentice."
Daniels said she was determined to keep the incident private after being threatened in a parking lot in 2011 but changed her mind during Trump's 2016 presidential bid, when he faced multiple accusations of sexual misbehavior.
"My motivation wasn't money, it was to get the story out," she said. Daniels ultimately negotiated a $130,000 payment with Trump's lawyer Michael Cohen, and prosecutors say Trump falsified business records to obscure the fact that he reimbursed Cohen for the payment.
She testified she was eager to collect before the 2016 election because she was worried he would not pay her if he won. The case is widely seen as less consequential than three other criminal prosecutions Trump faces, but it is the only one certain to go to trial before the election.
The other cases charge Trump with trying to overturn his 2020 presidential defeat and mishandling classified documents after leaving office. Trump has pleaded not guilty to all three.
In Florida, where Trump is accused of illegally keeping classified documents, a judge decided to indefinitely postpone the trial on Tuesday, greatly reducing the odds he will face a jury in the two federal case before the election.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The Ajman Police swiftly apprehended a suspect involved in a tragic incident of murder and arson -- within a mere 10 minutes after he ignited a major blaze within a store located in the emirate's industrial zone.
According to law enforcement officials, the individual in question fatally stabbed an Asian woman and inflicted serious injuries upon three other individuals, all of whom were identified as Asians.
Lieutenant-Colonel Saeed Ali Al Madhani, Deputy Director of the Operations Department at Ajman Police, stated that a team was promptly dispatched following a report received by the operations room regarding the alleged murder and fire outbreak within a commercial establishment.
Upon arrival at the scene, police units discovered that the suspect had utilised a sharp weapon to assault the woman and three other employees of the store before initiating the blaze.
Fortunately, civil defense teams managed to contain the fire, and the wounded individuals were promptly transported to a nearby hospital for medical attention.
Following preliminary investigations, law enforcement disclosed that the suspect had been involved in an illicit relationship with the victim, and prior personal disputes between them had occurred. The police further revealed that the suspect had admitted to his crimes during questioning.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
The launch of the unified GCC tourist visa system is anticipated by the end of 2024, as revealed by Khalid Jasim Al Midfa from the Sharjah Commerce and Tourism Authority (SCTDA) during the Arabian Travel Market event.
Al Midfa emphasised the importance of the e-service component in this initiative, aiming to streamline the process without compromising security.
The system, termed GCC Grand Tours, will enable tourists to explore the six GCC countries for more than 30 days, making regional travel more accessible and economical, according to Abdullah bin Touq Al Marri, UAE’s Minister of Economy.
Al Marri highlighted the potential of this visa scheme to showcase the diverse tourism offerings across the GCC, attracting longer stays from tourists and positioning the region as a premier destination.
Discussions are underway to develop comprehensive tour packages in collaboration with major tourism operators, hotels and airlines. Al Midfa stressed the collaboration between government entities and the private sector to facilitate seamless travel experiences.
The focus is on extending visitors' stays within the UAE and the GCC region, aligning with international travel norms where leisure trips typically span several weeks. Coordination efforts are also underway to synchronise major events, ensuring a cohesive and appealing itinerary for tourists.
Once the unified tourist visa is operational, both leisure and business travel packages will be readily available from the private sector.
Sarah Buhijji, CEO of Bahrain Tourism and Exhibitions Authority, echoed the sentiment, expressing Bahrain's commitment to promoting regional tourism packages. Collaborative efforts with Saudi Arabia and other GCC nations aim to present the entire region as a unified and compelling destination for travellers, she noted.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Starting July 1, UAE tax agents will face penalties, known as 'black points', for providing incorrect advice to clients regarding their corporate tax obligations.
The move is part of a broader effort to enhance the regulation of tax agents in the UAE, aligning with international standards. These penalties aim to deter misconduct and negligence among tax agents, ensuring they adhere to updated standards and continuously update their knowledge.
The application of 'black points' will vary based on the nature of the violation:
Tax agents are an intrinsic part of the unfolding corporate tax regime in the UAE. As per the Federal Tax Authority (FTA), they will represent clients before the authority and will oversee the filing of their annual tax returns.
In fact, it is prohibited to practice as a tax agent without completing the registration and receiving accreditation from the FTA.The criteria for accreditation are:
The exception is when agents have a reason to disclose under a 'legal, professional, or regulatory obligation'.
Additionally, 200 points will be docked if tax agents promote, design, or jointly design 'aggressive tax planning' marketed to multiple taxpayers, with the intention to breach any law or jeopardise the integrity of the tax system, resulting in a loss of revenue for the FTA.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
Ibrahim Muhammad, the 17-year-old Pakistani teenager who disappeared almost three weeks ago following a disagreement with his mother, has tragically been found dead. As the elder of two sons, his mother tearfully confirmed the devastating news delivered by Ajman Police, stating, "Today, I was summoned to identify his body. It was indeed him.
My heart has shattered into countless pieces," she told local media. She revealed that his body was found near Al Khor Tower in Ajman. The family had filed a missing person report, and Ibrahim's father had made an impassioned plea for his safe return.
Expressing the rollercoaster of emotions she endured, Ibrahim's mother said: "I have been oscillating between hope and despair. We received reports of possible sightings in Sharjah on numerous occasions recently, and each time I rushed there in anticipation.
However, they all turned out to be false alarms. Every morning, I woke up with the hope of my son's return, but today, my worst nightmares have become reality. No mother should endure such anguish."
Missing Cases on the Rise
Ibrahim's disappearance follows the case of another 17-year-old from Pakistan who went missing in Sharjah on April 14 but was reunited with his family after five days. The boy's father explained that he had sent his son to fetch a carpenter, but he never returned. The circumstances surrounding his return remain ambiguous as his father opted not to disclose details for privacy reasons.
Recent months have witnessed several instances of teenagers going missing in the UAE, underscoring the difficulties encountered by young individuals and their families. Just last month, a French teenager who vanished in Sharjah was located in the desert not far from her residence.
Similarly, a Sharjah teenager with autism disappeared from a shopping mall and was found 18 kilometres away at Dubai Airport, thanks to the alertness of an Indian passenger. In December, an 11-year-old boy disappeared from Arabian Ranches, triggering an extensive search operation involving drones and search dogs. He was eventually located late at night.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
In the Dubai Criminal Court, an Asian individual has been sentenced to life imprisonment, followed by deportation, for the murder of his girlfriend in his apartment amid a dispute between them.
The perpetrator concealed the deceased girlfriend's body in a large suitcase and attempted to dispose of it in a waste container for the building where he resided, after spending a day with her remains under a bed in his bedroom. The Court of Appeal has upheld this ruling.
The incident, occurring in International City, traces back to January 2022, when a building guard alerted the police upon discovering a body inside a suitcase near the building’s waste container. Upon opening the suitcase, a portion of a human foot protruded, initially mistaken for a doll by the guard. Upon closer inspection, he discovered the body of a woman and promptly notified the authorities.
During interrogation, the guard revealed his ability to identify the victim, a woman who frequented the same building where he worked, particularly one of the apartments occupied by a young Asian man.
A police officer disclosed that a team of investigators entered the suspect’s apartment and gathered evidence from the crime scene. Although traces of the murder were found inside the room, the suspect was absent from the premises. Subsequently, a search warrant was issued, leading to his arrest in a nearby hotel in the Jebel Ali area.
Upon questioning, the defendant confessed to a prior friendship with the victim, revealing that he had killed her during a dispute on the day of the crime. Their relationship had originated from a chance meeting at a nightclub, progressing into a close friendship and romantic involvement.
Plans were made to formalise their relationship, but a disagreement ensued, escalating into a verbal altercation on the day of the incident. The defendant cited the termination of their relationship by the victim as the catalyst for the dispute, expressing his refusal to let her go and his attempts to reconcile. When she attempted to leave the apartment, the altercation turned physical, resulting in her demise by strangulation.
Afterwards, he disposed of her belongings and mobile phone in a waste container near a hotel where he had previously stayed, with the assistance of three friends. These accomplices were also convicted and sentenced to imprisonment, followed by deportation, for their complicity in concealing the crime from authorities despite their awareness of it.
For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.
