Grievances Against Decisions to List on Local Lists in UAE
Grievances Against Decisions to List on Local Lists in UAE: Terrorism Lists Regulation and Implementation of UN Security Council Resolutions on the Suppression and Combating of Terrorism, Terrorist Financing, Countering the Proliferation of Weapons of Mass Destruction and its Financing and Relevant Resolutions Abrogating: Cabinet Decision No. 20 dated 25/02/2019.
Grievances Against Decisions to List on Local Lists
Anyone whose name is listed on Local Lists may file a grievance against such decision according to the following procedure:
1- The Listed Person may submit, in person or through a legal representative, a written grievance application to the Office, in accordance with the latter’s established mechanism, attaching thereto all documents supporting the grievance.
2- The Office shall refer the grievance to the Council for review and examination. Both the Office and the Council shall have the right to request any clarifications or further documentation from the applicant, or from Law Enforcement Authorities or other relevant entities in the State, for the purposes of deciding on the application.
3- The Council shall receive the grievance application, verify whether it is new or recurring, and may reject it, if it was recurring and did not include additional information other than the information contained in the previous grievance, or for any other reasons.
4- If the Council, during its review of the grievance application, determines that the information or evidence regarding the Listed Person on Local List no longer require their listing, and once it has confirmed that the reasons that called for the Listing no longer exist, the Council shall notify the Ministry of Presidential Affairs.
5- The Minister of Presidential Affairs shall be in charge of submitting the grievance application, along with the Council’s opinion to the Cabinet, as per its established submittal mechanisms, in order for the Cabinet to make a decision to either approve or reject the grievance.
6- In case of approval of the grievance by the Cabinet, the name of the Listed Person shall be removed from Local Lists and freezing and other measures taken in accordance with the Listing decision shall be lifted. The Office shall be notified immediately upon issuance thereof to notify the applicant and publish the decision as per the Office’s established procedures.
7- In case the grievance is rejected or if no response is received regarding the application within sixty days from the date of its submission, the applicant may appeal the Cabinet’s Listing decision before the Competent Court within sixty days from the date he/she was notified of the rejection, or from the expiry of the response period.
8- The court’s decision regarding the grievance shall be not be subject to appeal. If a grievance is rejected, a new grievance may only be submitted after six months from the date of rejection of the previous grievance, unless a serious reason that is accepted by the president of the court arises before the expiry of such period.
9- An appeal against a Listing or re-Listing decision shall not be accepted before a grievance against it is filed and rejected, or before the period given to respond expires, as set out in the present Article.