Is there an extradition agreement between Romania and the UAE?

The issue of international extradition of criminals, or extradition, lies at the intersection of sovereignty, justice, and diplomacy. When it comes to such different jurisdictions as Romania, a member of the European Union, and the United Arab Emirates, a global financial center, legal uncertainty increases. The UAE, particularly Dubai, is often perceived as a safe haven for wealthy individuals seeking to evade justice in their home countries.

But how much does this perception correspond to reality in the case of Romania? If a Romanian court has issued a guilty verdict, and the convicted person is in Dubai, what are the real chances of their return? The answer lies in the complex intertwining of national laws, international conventions, and, most importantly, the presence or absence of a direct bilateral agreement.

Let’s start with the main question: as of the current moment, there is no ratified and effective bilateral treaty between Romania and the United Arab Emirates that specifically and comprehensively regulates extradition issues.

The absence of such a specialized agreement is not just a formality. A bilateral extradition treaty automates and simplifies the process. It clearly outlines the obligations of the parties, establishes a list of crimes subject to extradition, and reduces opportunities for political or judicial refusal.

However, it is important to understand that the absence of a specific extradition treaty does not mean a complete legal vacuum. In recent years, Romania and the UAE have been actively working on strengthening legal ties. Memorandums of understanding and agreements on legal assistance in criminal and civil matters have been signed. These documents facilitate the exchange of information and the delivery of judicial documents, but they are not equivalent to a full-fledged extradition mechanism.

Thus, any request for extradition from Bucharest to Abu Dhabi or Dubai is considered not through a simplified contractual procedure but through a more complex and unpredictable path based on other legal instruments.

The law requires that the request be based either on a court verdict that has entered into legal force or on an arrest warrant issued during an investigation or judicial proceedings. The crime must be sufficiently serious, generally punishable by imprisonment for a term of at least one year.

This is where the situation becomes more complex and interesting. When a bilateral agreement is absent, both countries seek common legal ground in multilateral agreements. Fortunately, both Romania and the UAE are parties to key UN conventions that can serve as a legal basis for extradition.

The most significant are:

For Romania, these conventions are the main legal leverage. If a person is wanted for corruption crimes (bribery, money laundering) or participation in an organized crime group, the Romanian Ministry of Justice can send a request to the UAE, referring not to a non-existent treaty but to the UAE’s obligations under these UN conventions.

How does the process of issuance occur in practice in the absence of a contract? It is a multi-stage legal procedure, full of potential obstacles.

This stage is decisive. The judges of the UAE will not review the case on its merits, meaning they will not determine whether the person is guilty of the crime Romania accuses them of.

Instead, the UAE court will conduct a formal review of the request for compliance with the national legislation of the Emirates. The key here is UAE Federal Law No. 39 of 2006 on International Judicial Cooperation.

The court will examine several critical conditions, and this is where most requests fail:

Even if the UAE court makes a decision in favor of extradition, it is not the end. The final decision on the extradition of a person remains with the UAE Ministry of Justice. This adds an element of political will to a purely judicial process.

Historically, achieving the extradition of anyone from the UAE to Romania has been extremely difficult. Many high-profile cases involving Romanian businessmen and politicians hiding in Dubai ended with refusals from UAE courts. Most often, this occurred due to non-compliance with the principle of dual criminality or formal errors in the documents.

This created serious tension in bilateral relations. However, in recent years, the situation has begun to change. The UAE is pursuing a policy of increasing international transparency and combating money laundering, striving to shed its reputation as a quiet haven. This includes more active cooperation with Interpol and a willingness to conclude legal assistance agreements.

The recent agreements on judicial cooperation signed between the two countries are the first step toward normalizing these relations. They are intended to eliminate at least procedural barriers, although they do not resolve all issues related to the absence of a full-fledged extradition treaty.

In conclusion, it can be confidently stated that there is no automatic or guaranteed extradition between Romania and the UAE. The absence of a bilateral treaty turns each request into a unique legal battle conducted on UAE territory and under UAE laws.

The success of Romania depends on its ability to use the multilateral UN conventions (UNCAC and UNTOC) as a legal basis, as well as on the flawless preparation of the extradition package. Any mistake will be used by the defense of the wanted person to disrupt the process.

For a person facing a Red Notice from Interpol at the request of Romania and located in the UAE, the situation is also extremely serious. The process of detention and legal proceedings in the UAE is swift and requires the immediate involvement of qualified legal assistance specializing specifically in extradition law of the Emirates.

Questions of international extradition and Interpol notices are one of the most complex areas of law. They require deep expertise both in the legislation of the requesting country (Romania) and in the procedures of the requested country (UAE). If you or your client are facing the risk of extradition or the need to challenge a Red Notice, relying on general information is not enough.

Contact our team of lawyers for a confidential consultation. We specialize in international criminal law and have experience working with UAE jurisdictions, assisting in risk assessment, challenging requests, and protecting your rights at all stages of the process.