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In Depth:  Cryptic Cybercrime Laws of the Emirates  - Do not assume compliance… Threats? Lustful Tex

Introduction Federal Decree-Law no. (5) of 2012 on Combating Cybercrimes has been in force since 2015. Buried amongst the provisions for countering hacking, acts of terrorism and other serious crimes are provisions that affect the daily lives of everyone in the UAE and anyone who plans to visit the UAE, even for a stopover. Article 1 provides that electronic information means “information that may be stored, processed, generated and transmitted through information technology...”. This means that the Cybercrime Laws are applicable even in the event that electronic information is stored on a local computer or device. Such data could include by definition, anything at all. The laws are extr

Today the Court Orders British Expat´s Deportation - Another Victim of Cybercrime (Charity) Laws.

Breaking News: Today the Court Orders British Expat´s Deportation - Another Victim of Cybercrime (Charity) Laws. British resident who has lived in Dubai for 14 years has today been sentenced by Dubai Courts to a fine of AED 5,000 and deportation after a year long investigation into her activities. LL operates the website called “Volunteer in the UAE” which is designed to promote a community of volunteering, which falls well inside the legal provisions of the new Cybercrime laws. LL was well aware of the new laws and altered the structure of her organisation to ensure compliance when they came into force. Income that is earned as a result of the voluntary work is distributed to people in nee

Risky Business for Indians in the UAE

With an estimated 2 million migrants, Indians form easily the largest expat population in the UAE. They are an integral part of the business community, the labor force, and the society as a whole. Living and working in the UAE offers Indian expats many opportunities to prosper, and this has made the Emirates a very popular destination. However, Indians face the same potential for legal problems as any other expat group. Indeed, because of their considerable presence, and the persistence of racial bias in the society, Indians may tend to be even more at risk than other expats. Indians own the majority of SMEs in the UAE, most often with local partners, and, while these businesses can be highl

ஐக்கிய அரபு எமிரேட்டுக்களில் இந்தியர்களுக்கு ஆபத்தான தொழில் ஆசிரியர்கள்: ஷாஹித் போல்சென் மற்றும் ரா

ஐக்கிய அரபு எமிரேட்டுக்களில் இந்தியாவில் இருந்து குடியேறியவர்களின் எண்ணிக்கை 2 மில்லியன்களுக்கும் மேலேயே உள்ளதால் அவர்கள் மிக பெரிய குடியேற்றமாக உள்ளனர். அவர்கள் தொழிலாளர் படை, வர்த்தக சமூகம், மற்றும் ஒரு சமூகத்தின் ஒருங்கிணைந்த பகுதி ஆவர். வாழ்க்கை மற்றும் எமிரேட்டில் உள்ள வேலை இந்திய வெளிநாட்டவர் விருத்தியடைய பல வாய்ப்புகளை வழங்குகிறது, மற்றும் எமிரேட்ஸ் ஒரு மிக பிரபலமான இடமாக உள்ளது.எனினும், இந்தியர்கள் வேறு எந்த குடியேறிய குழு போலவே சட்ட பிரச்சினைகளில் அதே சாத்தியங்களை எதிர்கொள்கின்றன. உண்மையில், அவர்களின் கணிசமான முன்னிலை, மற்றும் சமூகத்தில் இன மின் சார்பை தொடர்ந்து, இந்தியர்களுக்கு மற்ற வெளிநாட்டவர்களை விட ஆபத்து இன்னும் இருக்கிறது. இந்தியர்கள் பெரும்பாலும் உள்ளூர் பங்காளிகளுடனும்,

New bankruptcy laws will not safeguard people from legal actions

Despite promotions and marketing from companies and operatives with vested interests, bankruptcy laws will not offer the safety or protection to business people as is being rumoured. The core issues surrounding doing business in the UAE have always been, and will continue to be, related to criminal allegations. Bankruptcy Laws are not the "get out of jail free" card that people are being lead to believe. Essam Al Tamimi indicated that the laws are new, the courts, judges and experts that will be needed to process the cases are still in the infancy stages of development and we are yet to see how the bankruptcy laws will work in reality: http://www.thenational.ae/business/economy/proposed-uae-

UAE Interpol Abuse Increased, Not Ceased - Emirates Expanding Use of Interpol as Retaliatory Tactic

The UAE government is continuing to misuse Interpol as an instrument for debt collection, despite recent reports that they had ceased to do so. Debt issues, unless they involve instances of deliberate fraud, do not generally fall within Interpol's mandate, and the Emirates has been strongly criticised in the past for irresponsibly reporting debtors to the international policing agency in violation of protocol. "We just received confirmation from a new client that he was put on Interpol for debt and it was only removed once he repaid the bank" says Radha Stirling, Director of Detained in Dubai ."It was for only approximately 100,000 AED”. It has become a common practice for prominent Emiratis

Detained in Dubai, Summer 2016 Updates: Interpol, Extradition, Financial Crime, Cybercrime, Membersh

The drop in oil prices has negatively affected the economy of the United Arab Emirates significantly. Companies are freezing salaries, laying off workers, and even going bankrupt. Many expats are choosing to leave the UAE for better opportunities at home; sometimes leaving behind unpaid bills and outstanding debts. Due to the continuing economic slump, over the last quarter we have seen the UAE intensify its pursuit of financial cases through increasingly aggressive tactics; including harassment by debt collection agencies, quickly imposed travel bans against debtors, and prosecution for unpaid utility bills. Security procedures in the UAE have also become more prevalent, with repercussions

UAE Extradition Requests in Italy & Interpol Red Notice Abuse

We recently provided expert testimony for the defence in a UAE initiated extradition request to Italy. In this case, a civil dispute arose between our client and the (then) ruler of the Emirate of RAK. Our client sought civil relief through the UAE Courts but then became aware that the opposition was seeking to retaliate criminally. Our client fled the UAE, knowing that he could not win against such influential parties. He was later placed on Interpol and arrested in Italy where the UAE pursued extradition. Fortunately on human rights grounds, Italy ruled against extradition. This case clearly outlines that retaliatory criminal cases are a risk to anyone who seeks remedy in the civil courts.

When the Dubai dream turns into a nightmare

So someone gets a good job in the UAE; high salary, benefits, and everything is going well. They take out a loan to further improve the quality of their life, and it's fine because their wages are enough to enable them to make your monthly payments. Great; they're living the Dubai Dream.But then, out of nowhere, they are fired from their job, maybe because of the economic downturn, maybe company strategy changed; whatever the case may be, they don't have to provide an explanation; they just show them the door. Before they even reach home, dazed and confused, carrying their belongings from the office in a cardboard box, their former employer has already contacted the bank to inform them of th

The case of British National, Peter Margetts, sentenced to over 40 years imprisonment for BOUNCED CH

Peter Margetts was sentenced to over 40 years in prison for post dated cheques that he had written to a group of pilot investors. While his partners fled during the economic downturn, Peter remained to try to resolve the financial issues and request an extension from the investors. Unfortunately for Peter, the pilots did not agree to any new terms and subsequently presented the cheques to their banks and opened police cases when they bounced. The police cases were lodged at a number of different police stations to ensure that they would be treated separately and heard at different courts. This ensured that the sentences would not be combined and Peter received individual sentences that compo

Handing over a Power of Attorney is no decision to be taken lightly

Anyone who is in business (or simply lives) in the UAE has probably had to issue a Power of Attorney at some stage. This is particularly applicable to those who operate a business and who travel frequently. Be warned though, handing over a Power of Attorney can grant all of your rights and responsibilities to another and this power can be tempting to even the most trusted parties. This month, we saw a British businessman defrauded when he gave a Power of Attorney to a staff member he had known and trusted for years. While he was traveling to the UK, his trusted colleague used the POA to drain the company bank accounts and leave the UAE with cash in hand. It is not the loss of funds that is t

Campaigns for Freedom. Do they help or hinder?

Rumours are generated in prison that any publicity or campaign efforts will actually hinder efforts to have them released. It is in fact, quite the opposite. In all of the years that we have been involved with campaigns or media publicity surrounding a case, not once have we seen publicity prejudice a client's position. Some prime examples are the cases of prominent businessmen Matt Joyce & Safi Qurashi. In both cases, public campaigns were strategically put in place and these lead to the review of their positions and ultimate releases. In other cases such as Cat Le-Huey and Farzan Athari, campaigning and awareness played a huge part in the review of crucial evidence (in Cat's case) and an e

Saudi, Oman, Bahrain & Qatar are increasing their international enforcement efforts, in line wit

Members of the GCC have followed the UAE's example in actively seeking to enforce debt, as well as civil judgments. Enforcing debt in a number of countries has become quite simple and therefore it is advisable to tackle the issues as soon as possible. The UK is one particular jurisdiction that has made it quite simple to obtain local enforcement orders; and we are dealing with a range of disputes from several gulf states. We have seen agents successfully obtain charge orders over assets, CCJ's and even bankruptcy in one case, where the individual didn't even know he had debt. The debt was a mere $5,000 but had escalated with charges and interest over time. No attempt had been made to contact

Clearing legal or visa issues before returning to the UAE

As an expat, life sometimes requires us to return home without the time to tidy up all of the loose ends. At other times, a holiday back home can evolve into a long stay, often due to localised or family related issues. Leaving loose ends in the UAE can sometimes result in police cases, immigration or visa issues, especially reports of absconding if one's employer did not do the necessary paperwork. In some circumstances, expats have made the deliberate decision to vacate the UAE in order to allow them to resolve legal issues from the safety of abroad, where they have no risk of imprisonment. We receive regular enquiries from expats who have these exact concerns and now that they have resolv

تسوية القضايا القانونية أو تلك المتعلقة بالتأشيرات قبل العودة إلى الإمارات العربية المتحدة

تسوية القضايا القانونية أو تلك المتعلقة بالتأشيرات قبل العودة إلى الإمارات العربية المتحدة كوافدين، نجد أحيانًا أن الحياة تجبرنا على العودة إلى ديارنا في ضيق من الوقت وبلا متسع لإنهاء كل الأمور العالقة. وفي أحيان أخرى، يمكن أن تنتهي عطلة إلى الوطن ببقائنا هناك لفترة طويلة، وفي الغالب يكون السبب هو قضايا محلية أو قضايا متعلقة بالأسرة. ولكن ترك أمور عالقة في دولة الإمارات العربية المتحدة قد يؤدي في بعض الأحيان إلى بلاغات للشرطة، أو قضايا هجرة وتأشيرات، وبالأخص قد تتطور الأمور إلى بلاغات بالهروب إذا لم يكن رب العمل قد قام بإنهاء الأوراق اللازمة. في بعض الحالات، اضطر بعض الوافدون لأخذ قرارات متعمدة بترك دولة الإمارات العربية المتحدة لكي تتاح لهم إمكانية حل مسائلهم القانونية من مكان آمن خارج البل

Passport Bail Guarantors blackmailing bailed persons for more funds raises a UAE procedural issue in

PASSPORT BAIL GUARANTORS BLACKMAILING bailed persons for more funds raises a UAE procedural issue in need of solution.... A network of trusted guarantors and changes to procedural rules. Sometimes when the court sets bail, it will require not only the accused's passport but additionally, the passport of a guarantor with a valid residency visa who does not need their passport to function in day to day life (rare in the UAE). This requirement regularly proves impossible for expats to meet as most will not have close connections with such a small percentage of the UAE population. This leaves them with one option and that is to pay a guarantor to surrender his passport for the duration of procee

Marcus & Julie Lee´s book "Trapped" illustrates the challenges faced steering themselv

MARCUS & Julie Lee´s BOOK "TRAPPED" illustrates the challenges faced steering themselves through the labyrinth that is the UAE judicial system to ultimately prove Marcus's innocence. The issues they highlighted are incredible failings and obstacles that we continue to deal with on an ongoing basis that drastically impact countless individuals. The UAE authorities, police, investigators and prosecutors place an nonsensical level of importance on the statements of witnesses. Often such witnesses have been coerced into providing testimony, either by conviction driven authorities or other parties with a vested interest. In Marcus´s case, false statements were produced and only after extensive ef

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