Smuggling is somewhat bringing illegal products or substances into a country, and it is also referred to as exporting illegal products out of the country. However, when we talk about the United Arab Emirates, the laws and regulations regarding the smuggling of products are strict and severe.
In the UAE, the law which is in place for smuggling or black marketing is the Federal Decree No. 15 of 2022. This law concerns the ratification of the common customs law of the cooperation council of the Arab States in the Gulf region.
UAE – Smuggling Laws & Regulations
The government and authorities of the UAE have placed Article 142 of the Common Customs Law, which primarily overlooks smuggling. This Article involves attempting to get goods into or out of the country that is considered a violation of the legislation in force without payment of the customs taxes and duties. These products are being brought into different parts of the UAE for which these provisions have been placed to tighter the law and punish those violating them.
The Common Customs Law also outlines certain activities that should be regarded as smuggling. These are outlined in Article 142 and include, but are not limited to: not taking the routes recommended for transporting the goods into or out of the country; goods that were not declared at customs found hidden in hiding places or placed in gaps or spaces that are not typically designed to contain such goods; goods overpassing the customs without declaration upon entry or exit; goods being taken out of free zones, duty-free zones, or customs zones without declaring them; and goods that were not declared at customs found in hiding places or fraudulent and deceitful goods.
Criminal Liabilities for Smuggling in the UAE
The top law firms in Dubai explain that smuggling products in the UAE is a devastating and extremely punishable crime. Moreover, the person or group involved in smuggling will be dealt with seriously and punished with the sanctions particularly placed for dealing with smugglers.
Similar to the different crimes involving various other penalties and punishments, Article 144 of the Common Customs Law deals with smuggling and other related criminal acts. It is also the existence of intent with the application of penal provisions to be observed in determining liability. With this being said, here are the following persons who will be held liable for the smuggling case and laws as mentioned in Article 144 of the Common Customs Law;
- The first is the principal offender, the primary figure of the entire plan creation and execution.
- The text includes all the accomplices of the offender or offending parties who have played significant roles in this prohibited and beyond forgiveness activity.
- The third thing to focus on includes the instigators and all the accessories involved in this prime smuggling case.
- The next criminal liability will be fined against the possessors or possession parties who have been involved in this act of smuggled goods and activities.
- The next part includes the masterminds, owners, and transportation drivers used in smuggling and their other assistants. Moreover, they will be investigated and will only be punished when found guilty of this act.
- The next part also includes the landlords, tenants, and the people whose premises, including homes, shops, garages, and warehouses, have been used for smuggled goods.
Severe & Serious Consequences Related to Smuggling Activities in the UAE
Article 145 of the Common Customs Law outlines the consequences of smuggling goods into or out of the nation. With this rule being in place, here are some of the grave, strict, and unpardonable penalties, punishments, and consequences to the ones involved in smuggling of any kind in the UAE. Here are some pointers to know about;
- The first to know is that if the smuggled products are subject to a higher amount of customs taxes, the offenders will bear the fines, which will be not less than twice the value of custom taxes. In addition, the taxes will not be more than twice the custom taxes and twice the value of the smuggled products.
- This decision will be based on what is here and what is not.
- The imprisonment decision will get into finalization between a month and a year.
- Whereas other cases involved in smuggled goods must also be dealt with the same punishments. The fines will never be double the custom taxes and not more than the value of the goods. Moreover, the imprisonment terms will also be between a month and a year.
- Another thing to regard as important is if the value of the smuggled items and products does not fall under the customs exemptions. In this case, the penalty will not be less than 10% of the total value and will also include the imprisonment term from 1 month to 1 year.
- The next to be careful about is the other rule which clearly focuses on the smuggled goods and products that are prohibited from import and export. If this happens, the fine will not be less than the value of the imported products or items and will not be more than three times their value. Moreover, it is pivotal to note that imprisonment terms will range between 6 months to 3 years.
- The next and probably the last is to be careful about the rule that says that smuggled goods will be confiscated. In addition, the payment of an amount that is equivalent to their value will be ordered from the parties even when the amount is not seized.
The Final Words
Smuggling is a serious offense in the United Arab Emirates. If you’re planning on importing or exporting banned and prohibited items or even those that have not been charged with customs duties, you will have to bear serious consequences for your actions. However, if you have not been involved in this criminal folly, you can take assistance and guidance from the expert and high-class lawyers, advocates, and attorneys available in the UAE to negotiate your case and serve justice for you.
