Does professional secrecy exempt auditors from AML reporting in the UAE?
Professional secrecy provides only a narrow carve-out. The reporting duty does not apply to lawyers, notaries, other legal professionals, and independent legal auditors where the relevant information was obtained under circumstances subject to professional secrecy, such as ascertaining a client’s legal position or defending them in proceedings.
This exemption is limited and should not be read as a general shield. When an accountant or auditor performs the covered transactional activities rather than privileged legal advice, the reporting obligation stands in full. Confidentiality cannot be invoked to withhold information from the FIU once a valid reporting trigger arises. Firms should document why any engagement is treated as privileged and apply the exemption conservatively.
Legal Reference (UAE):
· Federal Decree-Law No. 10 of 2025, Article 18(2) - limited professional-secrecy exemption for legal professionals and independent legal auditors.
· Federal Decree-Law No. 10 of 2025, Article 18(1) - general reporting duty that otherwise applies.
For more details, consult the full text of Federal Decree-Law No. 10 of 2025 or seek guidance from your AML compliance officer.