UAE Law and Practice Contributed by: Stuart Paterson, Janine Mallis, Tania Forichon and Elif Eren Ozenir, Herbert Smith Freehills Kramer LLP
secret has the right to prevent any person from mis - appropriation of the trade secret, and has the right to claim compensation for any damage caused due to misappropriation thereof by any person. The Com - missioner of Intellectual Property may impose a broad range of sanctions. 3.10 Financial/Trade/Customs Sanctions The UAE sanctions regime provides targeted financial sanctions against individuals and entities on the UN Consolidated Sanctions List and the Local Terrorism List issued by the UAE. Although the UAE is mandated to implement UN sanctions, it tends to adopt resolu - tions only on an ad hoc basis. Under Article 15 of Cabinet Decision No 74, it is pro - hibited for a natural or legal person to make funds in its possession or under its management, or any financial services, available directly or indirectly to or in favour of any person or organisation listed on the Sanctions List unless authorised by the Execu - tive Office of the Committee for Goods and Materials Subjected to Import and Export Control. The Sanc - tions List contains the names of the persons or organi - sations that are subject to the sanctions specified by virtue of the Security Council Sanctions Committee. It is also a crime under Article 170 of the Penal Code for a person themselves or through an intermediary during war time, whether directly or through another country, to export goods or products or other items from the UAE to a hostile country, or to import any such materials from such a country. The penalties imposed are imprisonment of between ten and 25 years and a fine not to exceed double the value of the exported or imported goods, provided that it is not less than AED1 million. Furthermore, under Article 3 of Federal Law No 43 of 2021 on the Goods Subject to Non-Proliferation Controls, customs departments are entitled to ban or restrict the importation or exportation of any resourc - es, systems, equipment, technology, etc, stipulated as controlled commodities under law. 3.11 Concealment Under Article 315 of the Penal Code, a natural person who conceals the evidence of a crime, assets sub -
ject to a court attachment order, or an instrument or document submitted to the investigative authorities in respect of a crime in order to obstruct justice will be punished by imprisonment. If committed by a cor - porate, the maximum fine is AED5 million (Article 66). Under Article 337 of the Penal Code, an individual who, having knowledge that a crime has been com - mitted, helps its perpetrator escape justice by con - cealing evidence will be punished by imprisonment or a fine. Under Article 456 of the Penal Code, a person who knowingly conceals or possesses property resulting from a crime in which they did not participate will be punished by the penalty prescribed for the crime from which they know that property was obtained. However, if the culprit does not know such things have resulted from a crime, but has obtained them in circumstances which led them to believe that their sources are illegal, the culprit will be penalised by detention for a period not exceeding six months and/or a fine not exceeding AED20,000. There are also criminal offences in relation to con - cealment under the Cybercrimes Law (see 3.9 Cyber- crimes, Computer Fraud and Protection of Company Secrets ). 3.12 Aiding and Abetting Under Article 45–46 of the Penal Code, persons who conduct the following acts will be deemed to be accomplices: • commit the crime in association with others; • commit one of a series of acts that constitutes the crime; • make use of another person for the perpetration of the act constituting the crime; • agree with another person to commit the crime, and the crime is committed based on such agree - ment; • give the offender a weapon, tools or any other thing which the latter has knowingly used in the commission of the crime; or • intentionally aid the offender in any other way in the preparation, facilitation or completion of the crime.
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