HomeExtradition between Dubai and the USA
Extradition between Dubai and the USA is a complex legal procedure related to international law and bilateral extradition agreements. This legal process facilitates international cooperation in combating cross-border crimes, allowing the surrender of an individual to the requesting country to face criminal charges or serve a sentence. As such, it is important to immediately contact experienced attorneys to protect your rights and avoid unwarranted prosecution when facing extradition.
Our legal professionals provide a comprehensive legal framework at all stages of the extradition proceedings: analysis of the legality of extradition and protection against unlawful requests, challenging international arrest warrants, representation in courts of the UAE and the USA to overturn or mitigate charges, and legal support during negotiations with the authorities of both countries.
Legal Foundations of Extradition Between the USA and Dubai
International extradition law between the United Arab Emirates and the United States of America is regulated by the Extradition Treaty signed on June 3, 1996, and entered into force on July 1, 1999. This international treaty establishes a legal mechanism allowing one party to transfer individuals accused or convicted of crimes to the other party for criminal prosecution or sentence enforcement.
Such agreements with the UAE provide for the extradition of individuals for acts that are recognized as criminally punishable in both countries and may be punishable by imprisonment of at least 1 year. The punishment threshold is set to exclude minor offenses from the scope of extraditable crimes.
The list of crimes is not exhaustive. In fact, if the elements of the crime and the punishment are essentially the same in both jurisdictions, extradition may be applied.
Primary Conditions of the Extradition Treaty
Double Criminality. The underlying crime for which the person is being sought must be recognized as a criminal offense in both jurisdictions with a penalty of at least 1 year of imprisonment. If the act is not subject to criminal liability in the United States or Dubai, extradition will be impossible.
Non bis in idem. A person cannot be extradited if they have already been acquitted or convicted (and served the sentence) for the same acts in one of the jurisdictions. If the person was convicted but later pardoned or granted amnesty for the same charge under federal law, extradition is also excluded.
Prohibition on extradition for political crimes. Extradition is impossible for politically motivated prosecutions (participation in protests, opposition activities, criticism of authorities, etc.). Terrorist activities, drug trafficking, war crimes, transnational organized crime, or other acts recognized as serious crimes under international law are not considered “political” offenses and may serve as grounds for extradition.
Protection of human rights. Extradition must comply with international standards in the field of human rights. If there is a serious threat of the death penalty, torture, or inhuman treatment, the party may refuse extradition if the other jurisdiction does not provide proper guarantees (e.g., non-application of the death sentence).
Temporary Surrender. If a person is held accountable in the state where they are located and in the requesting country, a temporary surrender may be agreed upon for trial or investigative actions, followed by their return.
Extradition Process between UAE and the USA
Extradition is requested in cases where a person is either accused or convicted of a crime (and an arrest warrant has been issued) or has already been convicted but evades serving the sentence by hiding abroad. That facilitates international judicial cooperation
The United States or the UAE must compile a package of documents confirming the existence of substantiated accusations or a verdict. It includes:
- Identification data of the wanted person (first name, last name, date of birth, citizenship, etc.);
- Description of facts and evidence indicating involvement in the crime;
- Arrest warrant or current sentence (if it concerns the execution of punishment);
- Statement on applicable punishment — indication of the maximum term of imprisonment or another type of punishment provided by law;
- Reference to legal norms confirming double criminality.
The extradition request is submitted to the competent authorities of the UAE (through diplomatic channels or directly to the Ministry of Justice). In certain cases, consultation with the national bureau of Interpol may be required if the case was initiated via a Red Notice.
After receiving a request from the USA for extradition, the competent authorities of the UAE may initiate a provisional arrest of the wanted person if there is a risk of their escape. It should not exceed 60 days, and it is necessary to give the parties time to prepare and verify the entire package of required documents.
The requested person is brought to the Dubai court or another authorized judicial body, where the reasons for detention are explained to them. At this stage, a lawyer may petition for the release of the requested person on bail. However, the decision depends on the nature of the crime and the risk of escape. If the court considers the request unfounded, temporary detention may be terminated.
After the confirmation of temporary detention, the American side must provide the full extradition package (if it has not been received earlier). During court sessions or a special tribunal in Dubai, the following materials are reviewed: the legality of the criminal matters, the conformity of the act to the principle of dual criminality, the absence of political or religious motives for prosecution, compliance with human rights standards, and guarantees of a fair trial.
Based on the review, the Dubai court issues a ruling on the admissibility (or inadmissibility) of extradition. In some cases, the final decision may be made by the executive authority (Ministry of Justice, General Prosecutor’s Office, or supreme bodies of the UAE).
If the defense does not agree with the decision, mechanisms for appeal (appeal, cassation) are provided in the UAE extradition law. However, the time limits for such actions are restricted by law. In the event of confirmation of extradition at all levels of the judicial system, the individual is transferred to the requesting country for subsequent legal proceedings or to serve a sentence.
Given the complexity of interstate relations, the high demands for evidence and procedures, qualified legal assistance is extremely important in extradition cases. Professional attorneys will help analyze the legality of the request, identify violations, and protect the rights of the suspect at all stages, from temporary detention to possible transfer or denial of extradition.
Rights of Individuals Facing Extradition
According to Federal law No 39 of the UAE extradition law, every person facing extradition has the right to professional legal defense from attorneys. That includes:
- The right to consult with an attorney from the moment of detention;
- The ability to develop a defense strategy considering which UAE extradition law applies, several international treaties, and national legislation
- Access to information about the charges brought and the details of the extradition request;
- Representation in courts and filing appeals to challenge extradition decisions.
Without proper protection, a person may be extradited through an expedited procedure waiver of extradition, even if the request is illegal or politically motivated. Lawyers can challenge extradition by citing various legal grounds.
Extradition between two countries cannot be approved automatically — the process must go through the judicial system, as every person has the right to a fair trial: a case review by an independent court with the opportunity to defend their interests, access to case materials, the ability to challenge the evidence presented by the prosecution, and the right to an interpreter.
A person detained based on an extradition request cannot be held in custody for an indefinite period. In most countries, detention while awaiting extradition cannot last more than 60 days without a court decision. Authorities are obliged to consider measures of restraint rather than automatically keeping the suspect in prison.
The agreement also contains a provision stating that extradition is prohibited if the case is of a political nature. Political persecution refers to cases where a person is persecuted for their political views rather than for an actual crime, where charges are clearly fabricated to pressure the individual, and where extradition threatens the person’s life or safety due to their political activities.
A person may appeal the decision on extradition in higher courts. In some countries, the final decision rests with the executive authority, which provides additional opportunities for defense. A complaint can be filed with international bodies (ECHR, UN) in case of human rights violations.
Extradition is not a sentence but a complex legal process in which everyone has the right to defense. Experienced attorneys will help challenge extradition in court, present evidence of the request’s illegitimacy, secure release on bail, protect against unlawful detention, and file complaints with international bodies if the client’s rights are violated. Our company is ready to provide comprehensive legal support, ensure the protection of clients’ rights and freedoms. Your safety and fairness in legal proceedings are our priority!
Consequences for Foreign Nationals and Enterprises
After receiving an extradition request from the United States, UAE authorities may temporarily detain the suspect. Upon detention, the requested person is often denied permission to leave the UAE, which negatively affects their personal life and business operations. The judicial process can drag on for months, and during hearings and appeals, the person remains in custody, significantly impacting their ability to manage a business or engage in professional activities.
If the court in Dubai decides on extradition, the person will be delivered to the requesting country (USA) for criminal prosecution. There, a new stage begins — the case will be considered under American laws, which may include lengthy court hearings, detention before trial, and significant expenses for attorneys.
During an investigation, U.S. law enforcement agencies may petition to freeze the accounts and assets of a suspect, including those located in the UAE or other jurisdictions. In response to international warrants and court decisions, banks may block accounts to avoid accusations of facilitating money laundering or evading sanctions.
Affiliated enterprises, joint assets, and bank accounts holding the suspect’s share may also come under the scrutiny of law enforcement agencies, complicating financial activities and prompting partners to reconsider cooperation.
Any mention of criminal prosecution or extradition processes in the media can trigger a wave of negative publicity. As a result, stock prices decrease, and investor interest in projects declines. In some cases, government authorities may reconsider previously issued licenses or delay the issuance of new permits. This paralyzes the operations of enterprises and forces them to reduce the scale of their activities.
How International Agreements Impact the Extradition Process
The extradition procedure is closely linked to international extradition treaties, which establish the legal framework and define the conditions under which one state surrenders a wanted person to another.
Such bilateral extradition agreements signed between two states establish a list of extraditable crimes, as well as procedures and timeframes for reviewing requests. They often contain provisions on not extraditing their own citizens to the requesting country, prohibition of extradition for political crimes and protection against human rights abuses etc.
Bilateral extradition agreements also create legal guarantees and mechanisms that allow one country to rely on the surrender of wanted persons, provided all conditions are met. The existence of a treaty simplifies interaction between competent authorities, reducing the time for negotiations and verification of the legitimacy of the request.
Multilateral agreements form a common legal basis and principles, reducing bureaucratic barriers. One convention can unite dozens of countries, which simplifies searches across a large number of jurisdictions.
States bound by multilateral agreements are more willing to exchange information through diplomatic channels, Interpol, or direct contacts between law enforcement agencies. Clear provisions of the multilateral agreements eliminate the need for lengthy diplomatic negotiations for each specific extradition. Established deadlines encourage the prompt consideration of the case.
The principles enshrined in such agreements prevent attempts to use extradition as a tool of political pressure. Mechanisms for appeal and legal proceedings within the country receiving the request allow for verification of the legitimacy of the accusation.
What assistance will extradition lawyers provide?
If you or your loved ones are facing the threat of extradition in the UAE to foreign governments, seek legal counsel from experienced specialists as quickly as possible. Attorneys will also help determine whether an arrest warrant has been issued against the client in the USA, whether there is a Notice or another search document that could lead to detention in the UAE. If such documents are identified, lawyers will assess the risks of immediate arrest or further extradition.
Experienced attorneys will compare the content of the charges or sentence in the USA with the norms of UAE law to determine whether the principle of dual criminality is observed and if there are other grounds for the refusal of extradition.
Already at the consultation stage, extradition specialists will determine the overall defense strategy: what arguments can be made against extradition, how to interact with official authorities, and what evidence needs to be collected.
During the period of preliminary detention, attorneys seek the most favorable conditions of confinement for the client and, if there are grounds, challenge its legality.
Lawyers handle the preparation of documents confirming the illegality or unreasonableness of the extradition request (contradiction to facts, expiration of the statute of limitations, risk of human rights violations, etc.). If necessary, experts, translators, and specialists from related fields are involved to strengthen the defense’s position and prevent extradition to and from Middle Eastern countries.
Lawyers represent the client’s position, file motions for release from custody, challenge the evidence of the American side, and defend the principles of innocence if the accusation seems insufficiently substantiated.
If the first court decision is not in favor of the client, they have the right to appeal it to higher instances. Lawyers accompany the process at all levels, preparing appellate and classification complaints.
Consult with Extradition Lawyers Now
Our team offers comprehensive assistance: we will conduct a legal analysis of the case and provide consultation on risks, prepare a defense position for contesting extradition in UAE courts, and ensure support until the issue is fully resolved, from temporary detention to the final court verdict. If necessary, we will appeal to the CCF Commission to remove the Red Notice.
Contact us right now to ensure safety and protect your rights. We will do everything possible to ensure that the extradition process complies with all legal norms and your interests are reliably protected. Client safety is our top priority!
