Consequences of Forged Degree Certificates in the UAE: Legal and Professional Risks

The United Arab Emirates (UAE) takes the issue of forged academic degrees seriously, with significant repercussions for both individuals and employers involved in such practices. Federal Law No. 9/2021 specifically addresses the use of academic degrees issued by unlicensed entities, prohibiting their use for employment purposes within the UAE and outlining strict penalties for those who violate this law.

Requirements Under Federal Law No. 9/2021

Article 4 of Federal Law No. 9/2021 mandates that any academic degree used for employment must meet certain criteria, including the accuracy of the data and issuance by a legally recognized and licensed institution. Degrees from non licensed entities are considered invalid and cannot be used for any purpose within the UAE. Employers, whether in the government or private sector, are also prohibited from hiring individuals with forged degrees or utilizing their services in any capacity.

Penalties for Using Forged Degrees

The penalties for submitting forged degrees are severe. Article 6 of the law stipulates that individuals who unintentionally submit forged degrees may face up to three months of imprisonment or a fine of up to AED 30,000, or both. However, intentionally submitting forged degrees or participating in their creation incurs harsher penalties, including imprisonment for up to one year or fines of up to AED 500,000, or both. Additionally, individuals who knowingly benefit from forged degrees may face up to two years of imprisonment and fines ranging from AED 100,000 to AED 1,000,000.

Employer Responsibilities

Employers are legally required to verify the authenticity of academic credentials presented by potential employees. Failing to do so can result in legal consequences, including financial penalties and damage to the company's reputation. Employers must exercise due diligence in checking the legitimacy of the degrees held by their employees to avoid being implicated in forgery-related offenses.

Return of Benefits and Dismissal

The law also mandates that any benefits obtained through the use of forged degrees be revoked. This provision aims to deter individuals from attempting to gain unfair advantages through fraudulent means. Employers who have inadvertently granted benefits based on forged degrees have the right to demand the return of those benefits from the employee.

Stringent Legal Provisions for Document Forgery in the UAE

The UAE has robust legal measures to address the broader issue of document forgery, with updated laws tackling modern challenges, including digital document fraud. Forging documents is a serious crime under the UAE Penal Code and other federal laws, carrying significant penalties.

1. UAE Penal Code (Federal Law No. 3 of 1987):
• Article 216 defines forgery as altering the truth in a document or written instrument.
• Article 217 states that forgery can result in imprisonment and/or fines.
• Article 218 specifies that forging an official document can lead to imprisonment for up to 10 years, while forging a private document can result in up to 3 years of imprisonment.
2. Federal Law No. 5 of 2012 on Combatting Cybercrimes:
• This law addresses the forgery of electronic documents, with penalties including imprisonment and fines that can be particularly severe for official or government-related electronic records.
3. Commercial Transactions Law (Federal Law No. 18 of 1993):
• Forging commercial documents, such as cheques or promissory notes, can lead to severe penalties, including imprisonment and fines.
4. Federal Decree-Law No. 34 of 2021 on Combatting Rumors and Cybercrimes:
• Forging electronic documents related to federal or local government authorities can result in imprisonment and fines ranging from AED 150,000 to AED 750,000. For documents from other entities, fines range from AED 100,000 to AED 300,000.
5. Federal Decree-Law No. 31 of 2021 (UAE Penal Code):
• This decree-law provides general provisions for document forgery, including penalties of up to 10 years of imprisonment for official documents and up to 3 years for unofficial documents.
6. Material and Moral Forgery:
• Material forgery involves physical alterations to a document, while moral forgery involves changing the meaning without physical changes. Both types are treated seriously under UAE law.
7. Specific Offenses and Penalties:
• Using forged documents knowingly can result in severe penalties. For example, using a forged official document could lead to up to 5 years of imprisonment. Forging currency or government securities is even more serious, potentially resulting in life imprisonment or a long-term prison sentence, along with substantial fines.

Legal Procedures and Reporting

Victims of forgery should report the incident to the police, who will then investigate the matter. This may include a forensic examination of the documents. If sufficient evidence is found, the case will be forwarded to the Public Prosecution. Under UAE law, the burden of proving forgery lies with the complainant, who must provide evidence that the document has been altered or falsified.

Practical Implications

Forgery in sectors such as real estate and finance is particularly scrutinized. For instance, using forged documents in property transactions, like sale agreements or title deeds, can attract severe penalties, including imprisonment and fines. With the increasing reliance on digital documents, ensuring their authenticity and integrity has become crucial. UAE laws emphasize the importance of securing electronic transactions and preventing cybercrimes related to document forgery.

Conclusion

The UAE's stringent legal framework reflects a strong commitment to combating forgery and maintaining the integrity of both physical and digital documents. Given the severe consequences associated with forgery, it is advisable for individuals and businesses to consult with legal experts familiar with UAE laws to ensure compliance and protect against potential legal risks.