Entire Section

  • Enforcement of the DFSA's Investigative Powers

    • RPP 5-5-38

      The DFSA will enforce compliance with its requirements, under Articles 73, 74 or 80, whenever there is less than full compliance by seeking orders in the DIFC Court.23


      23 Article 84(1).

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-39

      Articles 84(1) and (2) empower the DFSA to apply to the Court for 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 Court for 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 DFSA has reasonable grounds to suspect that within the next three business days, the information or those documents are, or may be, on particular premises.
      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-40

      Should the Court exercise its discretion to issue a search warrant, it may be addressed to a named Dubai Police Officer together with any other individual, including a DFSA officer or third party, named in the warrant.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-41

      The DFSA may 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 DFSA considers 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.
      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition

    • RPP 5-5-42

      Any material seized by officers of the DFSA pursuant to a search warrant issued under Article 84 may be dealt with by the DFSA as if the material had been produced to it under a notice to produce documents.

      Added by Notice of Updates (Made 23rd November 2014). November 2014 Edition