UAE travel bans explained: Can a bounced cheque, unpaid debt or traffic fine stop you leaving the country?

Dubai: Can a bounced cheque or a civil case prevent you from leaving the UAE? It can, in the case of a travel ban, imposed on individuals to prevent them from exiting the country until the matter is resolved. But just how do travel bans work, in what situations do they apply, and how can you request for a ban to be lifted? Find out everything you need to know about travel bans in the UAE, below. What is a travel ban and why does it occur? A travel ban is a legal restriction that prevents a person from exiting the UAE through its borders or designated exit points, and it may be imposed by a competent court or authority where the applicable law permits it. According to Imran Khan, legal consultant at I K Lawyers, common circumstances for travel bans include: Criminal investigations or proceedings: “A person may be prohibited from leaving the UAE in connection with a criminal investigation, prosecution or court order, subject to the applicable legal requirements.” Civil litigation, family and personal status matters: “A creditor may apply to the competent court for a travel ban against a debtor where the statutory conditions are satisfied.” What is the difference between a civil and criminal travel ban? A civil travel ban is intended to protect a creditor’s right to recover a debt and prevent the debtor from evading enforcement. Khan explained: “It may arise from unpaid loans, contractual breach, rent arrears or cheque-related execution proceedings and may be imposed by the competent court under the Civil Procedure Law, subject to the applicable legal requirements.” In contrast, a criminal travel ban aims to ensure that a person remains available for investigation, prosecution or criminal proceedings in the UAE. Khan said: “It may arise in connection with a criminal complaint or investigation and may be imposed by the competent Public Prosecution or criminal court, as authorised under the Criminal Procedure Law.” Can a bounced cheque result in a travel ban? A bounced cheque occurs when a bank refused to process or honour a presented cheque because of issues such as insufficient funds, incorrect signatures, missing or incorrect details, and closed or frozen accounts. Khan explained: “A bounced cheque can result in a travel ban in the UAE, particularly where the cheque holder initiates cheque execution proceedings in the civil court to recover the outstanding amount. Under the UAE Commercial Transactions Law, a cheque returned unpaid for reasons covered by the law may be an enforceable instrument.” This means the cheque holder can take the document directly to the execution court to claim money, unlike standard contracts or informal agreements that first require filing a lawsuit to receive a judgment. Khan added that under UAE’s Federal Decree-Law No. 50 of 2022 Issuing the Commercial Transactions Law, criminal liability may arise “where the cheque issuer closes the bank account or deliberately signs the cheque irregularly in a manner that prevents it from being honoured”. Examples include issuing a cheque on a non-existent account, forgery or signature fraud, and intent to defraud (such as issuing multiple large cheques to different payees). Can unpaid bills result in a travel ban? Under the Federal Decree-Law No. 42 of 2022 Promulgating the Civil Procedure Code, a travel ban can be placed on individuals if they incur civil debts. However, Khan clarified: “An unpaid bill does not automatically prevent a UAE resident from travelling. The creditor must initiate the appropriate legal proceedings and obtain a travel ban order from the competent court or authority, in accordance with the applicable legal requirements. Depending on the circumstances, this may arise from civil debt-recovery proceedings or a criminal case.” He added that there are certain conditions that must be met for a travel ban to occur in such cases, as per Article 324 of the Federal-Decree Law: The minimum debt threshold for imposing a civil travel ban is Dh10,000, unless the claim is for alimony or wage-related obligations. The law requires serious grounds to believe that the debtor may flee the UAE. The debt must be clearly specified, due for payment, and not restricted by any conditions. If the debt is not of an ascertained amount, the claim of right must be supported by written evidence, and the creditor must submit a guarantee to the court to cover any loss or damage, if the claim is later rejected. Khan added: “No minimum debt threshold applies to criminal matters, where a travel ban may be imposed in accordance with the applicable criminal procedure and legal requirements.” The travel ban remains in place until the debt is paid, the creditor agrees to lift the ban, or the case is closed under Article 325 of the Federal-Decree Law. Can traffic fines result in a travel ban? Traffic violations, in general, do not constitute sufficient grounds for imposing a travel ban. Minor traffic violations are considered administrative violations und