Lifting Freezing in the Case of False Positives in UAE

Regulations on Terrorists’ Lists under UAE AML Law, AML Training Dubai

Lifting Freezing in the Case of False Positives in UAE

Lifting Freezing in the Case of False Positives 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.

Lifting Freezing and Other Measures in the Case of False Positives on Local Lists

Any person or organization inadvertently affected by freezing or other measures due to a similarity between their name and the name of a Listed Person on Local Lists, and any person or organization that has been affected by such measures may cancel such procedures as follows:

1- Submitting a written request to the Office, in person or through a legal representative, to lift freezing or any other measures taken against them, along with all supporting documents.

2- The Office shall refer the request to the Council for examination. Both the Office and the Council may ask for any clarifications or additional documents from the applicant, Law Enforcement Authorities or relevant entities in the State, for the purpose of deciding on the request.

3- After examining that the applicant or his/her funds are not related to the Listing, the Council shall issue its decision to accept or reject the request, and shall send such decision, within thirty days from date of receipt of the request to the Office, which would in turn notify the applicant of the outcome in writing.

4- In case the request is accepted by the Council, the Office shall address the entity where the funds are frozen, Law Enforcement Authorities and the entities concerned with Other Measures, to lift the actions taken against the applicant. The addressed entity should immediately execute the decision.

5- In case the request is rejected by the Council, or if no response to the request is received within  thirty days from date of its submission, the applicant may file a grievance before the Competent Court within sixty days from the date of notification of the rejection, or from the expiry of the response period.

6- The court’s decision on the grievance shall be not be subject to appeal, and if the court ruled to reject the grievance, a new grievance may only be filed after six months from the date of rejection of the grievance, unless a serious reason that is accepted by the president of the court arises before the expiry of such period.

7- An appeal against a decision to apply freezing and Other Measures shall not be accepted before a grievance against such is filed and rejected, or before the period given to respond expires, as set out in the present Article.

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