Travel bans in the UAE – can a bounced cheque or unpaid traffic fine stop you from travelling?

“A travel ban in the UAE could be due to a civil case or a criminal case. Usually in matters related to unpaid debt, a creditor can request a travel ban after receiving a judgment in a civil case. Here, the creditor will need to open an execution case after the judgment, and in case the debtor does not comply with the execution notice, then the creditor can request a travel ban on the debtor to avoid flight risk,” Dr Hassan Elhais, legal consultant at Awatif Shoqi Advocates & Legal Consultancy, explained to Gulf News.

In some cases, if there is clear proof of liability, a creditor may even request a travel ban before filing a civil case, provided that the case is filed within a specific timeframe after the travel ban is granted.

“In cheque bounce cases, the bounced check is considered an executory deed. The creditor may directly open an execution case based on the bounced check. Once such a case is opened, then a debtor is notified to pay the amounts mentioned in the execution notice. In case of non-compliance, the creditor may request travel ban measures on the debtor,” El Hais added.

In civil cases, once the debtor pays the amount specified in the court execution file, they may apply to have execution measures, including the travel ban, lifted.

“Once a decision is issued on the removal of the travel ban and communicated by the court to the competent authority, then the travel ban is considered effectively lifted. The process of lifting the travel ban in this case is usually fast, and the timeframe could be a couple of days or more,” he explained.

In criminal matters, travel bans are placed by authorities such as the police or the Public Prosecution.

“This could be any person who the authority deems necessary to be available during the investigation process. The travel ban could remain in effect for the duration of the criminal proceedings, which lasts until a decision is made by the prosecution following their investigation or by the criminal court after the trial concludes,” Dr El Hais said.

According to Ahmed Odeh, Managing Partner at MIO Law Firm, travel bans related to civil debts can be imposed under Federal Decree-Law No. (42) of 2022 concerning the Civil Procedures Law but only if specific conditions are met.

These conditions include:

“A judge may order the debtor’s passport to be retained and circulate a travel ban across all UAE exit points. The travel ban remains in effect until the debt is paid, the creditor agrees to lift it, or the case is extinguished under Article 325 of the same law,” he said.  

“As a general principle, traffic violations in the UAE are not, by themselves, sufficient grounds for imposing a travel ban. The application of travel bans in relation to traffic violations is determined by the nature and severity of the violation,” Odeh noted. It is determined by the following factors:

Minor traffic offences, such as speeding or ignoring traffic signals, are categorised as administrative violations under Federal Decree-Law No. 14 of 2024 on Traffic Regulation (Articles 33–45).

“These offences carry administrative fines or may result in vehicle impoundment (Article 32) but do not, in themselves, justify a travel ban,” said Odeh.

However, if fines go unpaid, legal action can be initiated, and the matter may eventually be treated as a civil debt under Federal Decree-Law No. 42 of 2022 (Article 324), which may then lead to a travel ban.

Odeh highlighted that certain serious traffic violations may lead to the imposition of a travel ban, including but not limited to the following:

“In such cases a travel ban may be imposed by the Public Prosecution or a competent police authority under Federal Decree-Law No. 38 of 2022 on the Issuance of the Criminal Procedure Law as per Article 99,” he added.

– Civil travel bans (Under Article 324 of Federal Decree-Law No. 42 of 2022 on Civil Procedures Law)

– Criminal travel bans (Under Federal Decree-Law No. 38 of 2022 on Criminal Procedure Law)

In conclusion, travel bans for civil debt are governed by Federal Decree-Law No. (42) of 2022 Concerning the Promulgation of the Civil Procedures Law, while travel bans for traffic fines fall outside its scope and are managed by criminal enforcement authorities.