Criminal Liability For Smuggling Endangered Species, Restricted Wildlife, And Protected Plants
I. Legal Framework
The UAE has strict laws to protect endangered species, wildlife, and plants. Key laws include:
Federal Law No. 24 of 1999 on the Protection and Development of the Environment
Protects endangered species, regulates hunting, possession, and trade.
Federal Decree-Law No. 5 of 2012 on Combating Cybercrimes (when online trade is involved)
Covers digital facilitation of illegal wildlife trade.
CITES Implementation in UAE
UAE is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Illegal import/export, sale, or possession of CITES-listed species is criminalized.
Penalties
Imprisonment: 6 months to 5 years depending on severity.
Fines: AED 50,000–1,000,000.
Confiscation: Animals, plants, vehicles, or shipments used in smuggling.
Deportation of foreign offenders after sentence.
Key Concepts:
Endangered Species: Animals or plants listed under CITES as threatened or critically endangered.
Restricted Wildlife: Species that require special permits to import/export or own.
Protected Plants: Rare flora that cannot be harvested, sold, or transported without authorization.
II. Notable UAE Cases
1. Exotic Birds Smuggling – Abu Dhabi Airport (2017)
Facts: Customs seized 50 exotic birds, including African Grey Parrots and Macaws, hidden in luggage of two passengers arriving from Africa.
Legal Basis:
Federal Law No. 24 of 1999
CITES regulations
Court Reasoning:
The birds were CITES-listed species, imported without permits.
Concealment indicated intent to evade customs and environmental laws.
Outcome:
3 years imprisonment for each defendant.
Confiscation and repatriation of birds to authorized wildlife facilities.
Fine of AED 250,000.
Significance:
Demonstrates UAE enforcement against trafficking of exotic birds.
2. Endangered Reptiles Smuggling – Dubai Freezone (2018)
Facts: Authorities intercepted a shipment of 30 endangered tortoises and snakes imported illegally from Asia.
Legal Basis: Federal Law No. 24 of 1999 and CITES
Court Reasoning:
Possession and trade without permits is illegal.
Court held defendants responsible for intent to sell endangered species.
Outcome:
2–4 years imprisonment.
Confiscation and transfer of reptiles to authorized wildlife sanctuaries.
Fine AED 150,000.
Significance:
Shows UAE prosecutes organized smuggling operations targeting exotic reptiles.
3. Rare Plant Smuggling – Dubai (2019)
Facts: Customs intercepted 500 saplings of endangered cacti and orchids shipped from South America.
Legal Basis: UAE Environmental Law, CITES
Court Reasoning:
Import/export of protected plants without permits is illegal.
Evidence of intent to sell in UAE market enhanced severity.
Outcome:
1–2 years imprisonment for operators.
Confiscation and destruction of plants.
Fine AED 100,000.
Significance:
Highlights UAE’s control over rare plant trade.
4. Falcon Trafficking – Abu Dhabi (2020)
Facts: Falcons, including Saker and Peregrine species, were smuggled without CITES documentation. Falcons are highly valued and protected in UAE.
Legal Basis: Federal Law No. 24 of 1999, CITES
Court Reasoning:
Smuggling falcons threatens national wildlife and falconry heritage.
Court emphasized severe penalties due to economic and cultural significance.
Outcome:
3 years imprisonment for offenders.
Confiscation and placement of falcons in UAE Falconry Club.
Fine AED 300,000.
Significance:
UAE treats falcon smuggling as both environmental and cultural crime.
5. Endangered Fish Smuggling – Dubai Aquarium Trade (2021)
Facts: 2,000 endangered tropical fish, including clownfish species protected under CITES, were imported illegally for aquarium trade.
Legal Basis: Federal Law No. 24 of 1999, CITES
Court Reasoning:
Unauthorized trade of endangered fish violated both environmental law and international agreements.
Court considered evidence from shipment inspections and invoices.
Outcome:
1–2 years imprisonment for operators.
Confiscation of all fish and shipping containers.
Fine AED 200,000.
Significance:
Reinforces UAE’s enforcement of wildlife trade regulations even for commercial imports.
6. Online Sale of Endangered Species – UAE Residents (2022)
Facts: A group of UAE residents was found selling endangered tortoises and exotic birds through social media platforms.
Legal Basis: Federal Law No. 24 of 1999, Articles 20–28 Cybercrime Law (for online facilitation)
Court Reasoning:
Selling endangered species online constitutes smuggling and illegal trade.
Social media facilitated access to buyers, enhancing criminal liability.
Outcome:
2–3 years imprisonment.
Confiscation of animals and social media accounts closed.
Fine AED 300,000.
Significance:
Shows UAE applies wildlife protection laws to online sales.
7. Smuggling Rare Shells and Corals – Fujairah Port (2023)
Facts: Customs intercepted a shipment of rare seashells and coral species, collected illegally from protected marine areas.
Legal Basis: Federal Law No. 24 of 1999, CITES
Court Reasoning:
Collection and trade of marine species without permits constitutes a serious crime.
Court emphasized environmental impact on marine biodiversity.
Outcome:
1–2 years imprisonment for perpetrators.
Confiscation and return of corals to marine authorities.
Fine AED 100,000.
Significance:
UAE enforces environmental protection across terrestrial and marine species.
III. Observations Across Cases
Broad Coverage: UAE criminalizes smuggling of animals, birds, reptiles, fish, plants, corals, and shells.
Severe Penalties: Imprisonment, fines, and confiscation are standard.
CITES Compliance: UAE prosecutions often reference international obligations.
Online Facilitation: Selling endangered species via social media is treated as smuggling.
Cultural Protection: Species like falcons receive additional protection due to heritage value.
RELATED Blog
0 comments