Enforcement of the DFSA's Investigative Powers
23 Article 84(1).
Articles 84(1) and (2) empower the
DFSAto apply to the Courtfor an injunction or the issue of a search warrant in order to enforce compliance with its requirements under Articles 73, 74 or 80. An application to the Courtfor a search warrant will be made in circumstances where:(a) information or documents were required to be given or produced by the exercise of a compulsory power;(b) the documents or information required to be produced have not been given or produced; and(c) the DFSAhas reasonable grounds to suspect that within the next three business days, the information or those documents are, or may be, on particular premises.
Courtexercise its discretion to issue a search warrant, it may be addressed to a named Dubai Police Officer together with any other individual, including a DFSAofficer or third party, named in the warrant.
DFSAmay exercise its right to apply for a search warrant, rather than seeking compliance with its requirement through some other process (such as an injunction), only where it is satisfied that:(a) the preconditions in Article 84(2) for the issue of a warrant are met;(b) the DFSAconsiders it necessary or desirable to seek the assistance of the Dubai Police;(c) there does not appear to be a legitimate basis for non-compliance; and(d) in the absence of the execution of a search warrant, the information or documents sought may be removed or destroyed or otherwise not made available.
Any material seized by officers of the
DFSApursuant to a search warrant issued under Article 84 may be dealt with by the DFSAas if the material had been produced to it under a notice to produce documents.