"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:
- in 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
- in 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, China, France, Germany, Hong Kong, Italy, Saudi Arabia, Singapore, Spain and United Kingdom.