This LawFlash provides an updated overview of the UAE’s export control regime as domestic defence-industrial manufacturing capabilities continue to mature and the UAE pursues new defence export opportunities.
In response to emerging global security threats and shifting geopolitical alignment, the United Arab Emirates has renewed ambitions for its defence and aerospace industry. With domestic defence-industrial manufacturing capabilities maturing in the last decade and the nation’s strategic investments and advancements in military technology, the UAE is transitioning toward becoming a global exporter of defence products and services.
The UAE has been actively developing and refining its export regulations to align with international standards and best practices. The UAE’s commitment to enhancing its regulatory framework is timely given the increasing complexity of international trade laws and the necessity for compliance with international regimes and recent increased activity in global defence procurement activity.
The UAE’s export control regime is regulated by Federal Decree-Law No. 43 of 2021 on the Commodities Subject to Non-Proliferation Controls (the Export Control Law), which repealed Federal Law No. 13 of 2007 on Commodities Subject to Import and Export Controls (the Old Law). The Export Control Law largely follows the framework established by the Old Law with a few changes.
The Export Control Law applies to the entire territory of the UAE, including free zones, and regulates the activities concerning import, export, reexport, provisional shipment, transit shipment, transport between ports, or brokerage of items that fall within the scope of the Export Control Law. The Export Control Law prohibits dealing with such items without a permit, including any delivery, transfer, publication, leaking, or sharing of any document or related device.
It is also prohibited to engage in actions that will or may lead to any such controlled item being used in activities related to weapons of mass destruction.
The Export Control Law applies to a range of goods (including materials, systems, equipment, components, software, technology, chemicals, and armoured vehicles and related spare parts) that are included on the list of controlled commodities adopted by the Cabinet decision (Control List) or designated by the UN Security Council.
The current version of the Control List adopted by Cabinet Resolution No. 50 of 2020 includes a variety of goods that have military, dual-use, or other applications related to the production and development of weapons of mass destruction.
While the UAE is not a participant in any multilateral export control regime outside of the GCC region, the Control List replicates the control lists agreed to through the Australia Group, Nuclear Suppliers Group, Missile Technology Control Regime, Wassenaar Arrangement, Chemical Weapons Convention, and the Organisation for the Prohibition of Chemical Weapons.
The Control List was last updated in July 2020. It now covers several categories of controlled items including nuclear, chemical, electronics, telecommunications, sensors and lasers, navigation and avionics, marine, aerospace, propulsion, chemical weapons, and “national controlled commodities,” the last two categories being added in 2020. The “national controlled commodities” category comprises, among others, military and marine vehicles, equipment facilitating autonomous capabilities, and vehicles used for civil security purposes, including cash-in-transit and riot control vehicles.
Additional guidance on the Export Control Law is provided in the implementing regulations adopted by Cabinet Decision No. 97 of 2024 (the Implementing Regulations). The Export Control Law and Implementing Regulations are administered by the Executive Office for Control and Non-Proliferation, which was established under Cabinet Decision No. 15 of 2022 and took over from its predecessor, the Committee for Goods Subject to Import and Export Control and its executive office established in 2009.
Under the Implementing Regulations, the Executive Office has the authority to designate items included on the Control List as prohibited goods (Article 2) and restricted goods (Article 3). It may also determine that a good not included on the Control List shall be subject to the regime established by the Export Control Law in case the Executive Office has sufficient evidence to suspect that it may be used in an activity related to weapons of mass destruction or if the end-user is listed on national or international lists of sanctions. The Executive Office is also authorised to seize commodities that are not included on the Control List.
The Executive Office is the licensing authority responsible for reviewing applications and granting permits for the import, export, reexport, and transit of controlled goods, information, and technology within the UAE’s jurisdiction.
A permit application must be consistent with the applicant’s commercial licence and include the identity of the end-user and details of the end-user permit (if applicable) and transit route, sufficiently describe the product or technology, confirm that neither the applicant nor end-user are on the national or international sanctions lists, and specify the purpose for importing, exporting, or reexporting the products or technology.
In determining whether to approve an application, the Executive Office will consider, in consultation with other government agencies, as applicable national security, foreign policy, natural resource preservation, public health and safety, and environmental implications of granting a permit. For example, the UAE Ministry of Defence may require an applicant to apply for an additional permit to import, export, or reexport defence products and/or technologies.
The Implementing Regulations set forth the procedures for obtaining a permit from the Executive Office for the import, export, reexport, provisional shipment, transit shipment, transport between ports or brokerage of items on the Control List. Permits are divided into three different categories: Strategic Goods, Chemicals, and Armoured Vehicles.
The Strategic Goods category covers those dual-use goods in the civil and military fields or any other goods that contribute to the proliferation of weapons of mass destruction, including related technologies and software, and goods that compromise public safety or health, the environment, natural resources, or national security.
The Chemicals category covers those dual-use materials in the civil and military fields or any other materials that contribute to the proliferation of weapons of mass destruction, including materials that compromise public safety or health, the environment, natural resources, or national security. The Armoured Vehicles category covers, for example, a civilian vehicle in which the regular glass is replaced with bulletproof glass or layers of plate armour are installed in the vehicle body, or both, designed to protect against attacks, bullets, and explosives.
The application to obtain a permit should be submitted online through the Executive Office’s website. The Executive Office will issue the permit within 20 working days from the date of a valid application satisfying all requirements. If no response is provided within such time, then the application is considered rejected. Upon its issuance, the permit will be valid for a period of 60 days from date of issuance, subject to renewal.
In drafting an application, the applicant should consider the following key points: the permit must be consistent with the licensed activity of the applicant, the application must be licensed by the relevant UAE authorities to practice the activity involving the good they wish to deal with, and the end-user must not be included on the UAE ban list.
The Export Control Law establishes robust penalties for breach. Certain breaches are considered crimes against state security and trigger imprisonment as well as significant fines. The Export Control Law increased the range and amounts of applicable fines as compared to the Old Law, evidencing the increased importance and focus on implementation of the regime.
For example, the range of fines for providing false or misleading information in order to obtain a permit increased from AED 50,000–AED 500,000 to AED 100,000–AED 1 million (approx. $37,000–$370,000). In addition to fines, in certain cases imprisonment or administrative penalties (such as permit cancellation, seizure of the commodities, suspension or dissolution of the entity) may apply.
Notably, and in line with similar regimes in other jurisdictions (such as the United States), the Export Control Law also introduces the possibility of the Executive Office issuing rewards to whistleblowers who notify the Executive Office of violations.
As a member of the United Nations, the UAE has adopted the UN Security Council Consolidated List, a list of all individuals and entities subject to UN sanctions imposed by the UN Security Council.
The UAE also maintains its own list of individuals and entities that are subject to national sanctions pursuant to Federal Law 7 of 2014 (the Anti-Terrorism Law) and Federal Decree Law No. 20 of 2018 (the Anti-Money Laundering Law) and supporting legislation. Cabinet Decision No. 74 of 2020 provides for a key role in compiling national sanctions lists to the Supreme Council for National Security, while the Executive Office maintains administrative function and coordinates efforts between the competent authorities.
A key function of the Executive Office is to coordinate the implementation of sanctions and publish sanctions lists. A copy of the UAE national sanctions list can be downloaded from the Executive Office’s website.
In 2009, the UAE introduced Federal Law 6 of 2009 (the Nuclear Energy Law). The Nuclear Energy Law governs the development of the UAE’s nuclear energy industry. It also preceded the establishment of three regulatory bodies, the Federal Authority for Nuclear Regulation (FANR), the Emirates Nuclear Energy Corporation, and the International Advisory Board.
Notably, FANR is the regulatory authority responsible for overseeing the nuclear industry’s compliance with the Nuclear Energy Law. It was formed in 2009 and regulates the design, construction, operation, and decommissioning of nuclear energy facilities in the UAE. It also regulates the use of radioactive materials and radiation sources used for medical, scientific research, and other purposes. Similarly to the Executive Office, FANR is responsible for reviewing and granting permits for the import, export, and transit of nuclear materials and technologies.
As the UAE’s export control regime continues to develop in step with its maturing defence and aerospace industry, the UAE benefits from strengthening defence and security cooperation with countries that have established export control regimes, including the United States.
Amid greater defence and security cooperation between the two countries, evidenced by recent sales contracts and the US-UAE Major Defence Partnership announced in 2025, the UAE is likely to receive more favourable US export control licensing treatment and further incentives to expand and extend its defence and security policies.
This could include increased access by UAE defence and aerospace companies to US licensing exceptions and exemptions, the granting by US authorities of lengthier or more readily renewable export license validity periods, and increased participation by UAE defence and aerospace companies in co-production initiatives with their US counterparts.
Morgan Lewis regularly advises government entities, global defence contractors, aerospace and technology companies, original equipment manufacturers, regional defence suppliers, and security firms. Whether clients require guidance navigating international trade and export regulations, support throughout complex multijurisdictional defence projects, or advice across their business operations, Morgan Lewis is trusted counsel. Please contact us if you have any questions or if you would like to know more about how we can help.
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