01 August 2016

Anti-bribery and corruption guide: United Arab Emirates

"A regional leader for international business, the UAE attracts investment from different cultures all over the World, which co-exist in a society where offering gifts and hospitality in business was traditionally seen as a matter of courtesy. The UAE has had anti-bribery legislation to deal with these challenges since the late 1980s. The current trend is towards proenforcement, as the Emirates promote transparency in business, to maintain their position as a favoured international business hub. Multinationals in the UAE are no longer primarily concerned with extraterritorial foreign legislation, equal consideration must be given to domestic legislation."

Tim Taylor QC
Partner

 

1. What is bribery?

Under the UAE Penal Code bribery is a criminal offence which can be committed by public officers or private individuals. 

For public officers, it is an offence to solicit or accept for oneself or for another person any kind of donation, advantage, promise or anything of the like: 

  • ƒƒin order to commit or omit an act in violation of the duties of his function, regardless of the intent of the perpetrator; or
  • after committing or omitting an act in violation of the duties of his function; or
  • ƒƒin order to commit or omit an act which is not part of his function.

For private individuals, it is an offence to offer a public officer a donation, advantage or promise of any kind in order to commit or omit an act in violation of the duties of his functions, even if the public officer does not accept the bribe. It is also an offence if an individual accepts for himself or another a gift, benefit or privilege for his influence or the use of his power before a public officer.

2. What are the exceptions/defences?

The briber or the middleman will be exempt from prosecution if he reports the offence of bribery to the judicial or administrative authorities, provided that this is before it is discovered.

3. What are the sanctions?

Sanctions range from imprisonment (for a period up to 10 years) to fines, depending on the case.

 

More from the Anti-Bribery and Corruption Guide:

Australia, Belgium, ChinaFrance, Germany, Hong Kong, Italy, Saudi Arabia, Singapore, Spain and United Kingdom.

A Guide to Doing Business in China

We explore the key issues being considered by clients looking to unlock investment opportunities in the People’s Republic of China.

Doing Business in China

Anti-Bribery and Corruption - An International Guide

The International Anti-Bribery and Corruption Guide is also available as a PDF.

The guide covers the regimes in the following regions: Australia, Belgium, China, France, Germany, Hong Kong, Italy, Saudi Arabia, Singapore, Spain, UAE and UK.

Anti-Bribery and Corruption - An International Guide
Share on LinkedIn Share on Facebook Share on Twitter Share on Google+
    You might also be interested in

    Businesses operating in China should be mindful of the complex anti-bribery & anti-corruption regulatory regime and the associated compliance risks.

    21 May 2015

    UK based private equity or other fund managers investing in Africa should be alert to possible money laundering offences under the UK Proceeds of Crime Act.

    16 March 2015

    This article summarises the main discussion topics and issues from the “Invest in Africa” seminar focussing on Nigeria and Kenya.

    16 March 2015

    This article explores the recent EU Accounting Directive for Extractive Industries, which promotes greater transparency and disclosure in this sector.

    16 March 2015

    This site uses cookies to enhance your experience and to help us improve the site. Please see our Privacy Policy for further information. If you continue without changing your settings, we will assume that you are happy to receive these cookies. You can change your cookie settings at any time.

    For more information on which cookies we use then please refer to our Cookie Policy.

    Supported by Cheap Skip Bin Hire Melbourne - Hire Skip Bins Ltd