UAE AML/CFT Executive Regulation

Article 55 — Article (55)

Chapter Six: Provisional Measures and Investigation Procedures · Part Two: Investigation Procedures

1. The Public Prosecution, on its own initiative or at the request of Law Enforcement Authorities, where sufficient indications of a Crime exist, may order the search of persons and premises, prohibit suspects from travel, obtain evidence, identify, trace, and seize Funds, monitor accounts, intercept communications, directly access accounts, registers, instruments, and documents held by third parties, access computer systems and information technology means, examine correspondence, communications, and parcels, conduct controlled deliveries, and take any other measures that assist in the detection of the Crime and its perpetrators, without prejudice to the legislation in force in the State. 2. The Public Prosecution may seek the opinion of the Unit on the financial aspects of the Crime and their analysis, and request all information available thereto. 3. Law Enforcement Authorities shall receive and follow up on the Unit’s reports, collect intelligence and information relating thereto, and provide feedback to the Unit regarding actions taken in connection therewith. 4. The Public Prosecution and Law Enforcement Authorities may access, in a timely manner, without delay and without prior notice, any information deemed necessary for the prompt identification and tracing of Criminal Funds or Property, or Funds of equivalent value, or any other information as they deem necessary, even if such information is subject to banking or professional secrecy, where required for the performance of their duties for the detection of the Crime or its perpetrators. Where necessary, they shall conduct parallel financial investigations, by undertaking the following: a. Taking into account the extent of linkage of the financial aspects of the Crime, in order to determine its temporal and geographic scope, the value of Criminal Property and the manner of its acquisition, to identify, trace, and seize such property or Funds of equivalent value, that may be subject to confiscation, identify the person to whom the Criminal Property has been transferred and their relationship with the accused, their disposal thereof, and their knowledge of its source; to strengthen the evidence proving the commission of the Crime and attributing it to its perpetrator; to demonstrate their financial capacity before and after the criminal activity and the extent of its proportionality to their legitimate sources of income, and take all precautionary measures in preparation for legal confiscation; b. Coordinating with Concerned Authorities, each within its competence, to obtain timely access to any information and documents relating to the Crime, including disclosure systems, customs, tax, Population Register, property registers, and bank account records and those managing them, and other information deemed necessary for the performance of their duties; c. In all cases, Law Enforcement Authorities shall, immediately upon becoming aware of the Crime, promptly identify, trace, and seize the Criminal Funds or Property, or Funds of equivalent value, potentially subject to confiscation. 5. Law Enforcement Authorities may collect witness statements, conduct undercover operations and other intelligence-gathering activities, use various detection methods, and carry out controlled deliveries where such measures would lead to the detection of the Crime and its evidence, identification of the source and destination of Criminal Property, or arrest of perpetrators, without prejudice to the legislation in force in the State.

WAWhatsAppTGTelegram