Bribery and Corruption

The United Arab Emirates (UAE) has strict laws and regulations in place to combat bribery and corruption. With a zero-tolerance policy towards these offenses, the country imposes severe penalties on individuals and organizations found guilty of engaging in such unlawful activities.

As experienced criminal defense attorneys, we at AK Advocates have handled numerous bribery cases across the UAE, providing expert legal representation to both individuals and organizations.

What is the Definition of Bribery under UAE Law?

Under the UAE’s legal system, bribery is broadly defined as the act of offering, promising, giving, demanding, or accepting an undue advantage or incentive, whether directly or indirectly, in exchange for a person to act or refrain from acting in the performance of their duties.

This encompasses both active and passive forms of bribery, involving public officials as well as private individuals and entities. Bribery can take various forms, including cash payments, gifts, entertainment, or any other form of gratification intended to improperly influence the recipient’s decision or actions.

What are the Different Types of Bribery Recognized in the UAE?

Type of BriberyDescription
Bribery of Public OfficialsOffering or accepting bribes to influence the actions or decisions of government officials, including ministers, judges, law enforcement officers, and public servants.
Bribery in the Private SectorOffering or accepting bribes in the context of commercial transactions or business dealings, involving private individuals or entities.
Bribery of Foreign Public OfficialsBribing foreign public officials or officials of public international organizations to obtain or retain business or an undue advantage.
Facilitation PaymentsSmall unofficial payments made to expedite or secure the performance of routine government actions or services to which the payer is legally entitled.
Trading in InfluenceOffering or accepting an undue advantage to influence the decision-making process of a public official or authority.
EmbezzlementThe misappropriation or transfer of property or funds entrusted to someone’s care for personal gain.
Abuse of PowerThe improper use of an official position or authority for personal benefit or to benefit others.
Money LaunderingThe process of concealing or disguising the origins of illegally obtained money or assets.

The UAE’s anti-bribery laws cover a broad range of corrupt practices, ensuring that various forms of bribery and related offenses are addressed and punished accordingly, regardless of the context or parties involved.

Common Scenarios and Real Examples on Bribery

Bribery can occur in various contexts:

  1. Corporate executives offering payments to secure government contracts
  2. Public officials accepting gifts for expediting permit processes
  3. Private sector employees receiving kickbacks for favoring specific vendors
  4. Healthcare professionals accepting incentives from pharmaceutical companies
  5. Educational institutions staff taking payments for admission preferences

What are the Key Provisions of the UAE’s Anti-Bribery Law?

Here are the key provisions of the UAE’s anti-bribery law:

  • Comprehensive definition covering public and private bribery: The law provides a broad definition of bribery that encompasses both the public and private sectors, ensuring that corrupt practices in any context are addressed.
  • Criminalizes active and passive bribery, including foreign officials: The law criminalizes both the act of offering a bribe (active bribery) and the act of accepting a bribe (passive bribery), extending its reach to instances involving foreign public officials.
  • Prohibits facilitation or “grease” payments: The law prohibits the payment of small unofficial sums, known as facilitation or “grease” payments, which are often used to expedite routine government actions or services.
  • Harsh penalties like imprisonment and hefty fines: The law imposes severe penalties for bribery offenses, including lengthy prison sentences and substantial financial fines, serving as a strong deterrent against such corrupt practices.
  • Corporate liability for employee/agent bribery offenses: The law holds organizations liable for bribery offenses committed by their employees or agents, ensuring that companies maintain robust anti-bribery compliance programs and exercise due diligence.
  • Extraterritorial reach for UAE nationals/residents abroad: The law extends its jurisdiction to cover bribery offenses committed by UAE nationals or residents outside the country, allowing for prosecution even if the offense occurred abroad.
  • Whistleblower protection to encourage reporting: The law includes provisions to protect whistleblowers who report instances of bribery or corruption, encouraging individuals to come forward with information without fear of retaliation.
  • Confiscation of bribery-derived proceeds: The law allows for the confiscation and recovery of any proceeds or assets derived from bribery offenses, ensuring that those involved in corrupt practices cannot benefit from their illicit gains.
  • Mandatory compliance programs for UAE organizations: The law mandates that organizations operating in the UAE implement robust anti-bribery compliance programs, including policies, procedures, and training, to prevent and detect bribery.
  • International cooperation in bribery probes/prosecutions: The law facilitates international cooperation and mutual legal assistance in bribery investigations and prosecutions, enabling cross-border collaboration and information sharing to combat transnational bribery cases effectively.

Current Statistics and Trends

According to the UAE’s Official Portal, anti-corruption efforts have led to a 12.5% decrease in reported bribery incidents between 2022-2023. The Dubai Public Prosecution handled 38 major corruption cases in 2023, demonstrating the emirate’s commitment to maintaining transparency.

Official Statement

His Excellency Dr. Ahmed Al Banna, Director of the Dubai Public Prosecution’s Anti-Corruption Unit, stated: “The UAE maintains zero tolerance for bribery. Our enhanced monitoring systems and strict enforcement have significantly deterred corrupt practices in both public and private sectors.”

Key Sections and Articles on Bribery Crimes from UAE Criminal Law

  1. Article 234: Criminalizes the act of offering bribes to public officials
  2. Article 235: Penalizes public officials who accept bribes
  3. Article 236: Addresses intermediaries in bribery transactions
  4. Article 237: Covers attempted bribery
  5. Article 238: Deals with bribery in the private sector
  6. Article 239: Provides for confiscation of bribes
  7. Article 240: Offers protection for whistleblowers in bribery cases
bribery section article

UAE Criminal Justice System’s Approach

The UAE’s judicial system has adopted a comprehensive approach to combat bribery through the establishment of specialized anti-corruption units and implementation of advanced monitoring systems. The system emphasizes both prevention and deterrence, utilizing cutting-edge technology to detect suspicious transactions.

How does the UAE’s Anti-Bribery Law Apply to Corporations and Businesses in UAE?

The UAE’s anti-bribery laws, including the Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law, apply to corporations and businesses operating within the country. Companies can be held criminally liable for bribery offenses committed by their employees, agents, or representatives acting on behalf of the company.

Corporate liability can arise when a bribery offense is committed for the benefit of the company, even if the company’s management or leadership was unaware of the illegal conduct. Corporations can face severe penalties, including substantial fines, suspension or revocation of business licenses, dissolution, or placement under judicial supervision.

Penalties & Punishments for Bribery Offenses across Dubai and Abu Dhabi

The United Arab Emirates takes a zero-tolerance approach towards bribery and corruption, with strict penalties outlined in the Federal Decree-Law No. 31 of 2021 on the Issuance of the Crimes and Penalties Law, specifically Articles 275 to 287 of the UAE Penal Code. The consequences for bribery offenses are severe and vary based on the nature of the offense and the parties involved.

Bribery Involving Public Officials

  1. Imprisonment Term
    • Demanding, accepting, or receiving gifts, benefits, or promises in exchange for performing, omitting, or violating official duties can lead to a temporary imprisonment sentence ranging from 3 to 15 years (Articles 275-278).
    • The length of the imprisonment term is dependent on the severity of the offense and the positions held by the individuals involved.
  2. Financial Penalties
    • In addition to or as an alternative to imprisonment, substantial fines can be imposed.
    • These fines are often calculated based on the value of the bribe or as a multiple of the bribe amount.

Bribery in the Private Sector

  1. Active Bribery (Offering a Bribe)
    • Offering a bribe in the private sector is a punishable offense, carrying a potential imprisonment term of up to 5 years (Article 283).
  2. Passive Bribery (Accepting a Bribe)
    • Accepting a bribe in the private sector can result in imprisonment for up to 3 years (Article 284).

Additional Consequences and Penalties

  1. Asset Confiscation
    • The UAE authorities have the power to confiscate any assets or property derived from or used in the commission of bribery offenses (Article 285).
  2. Debarment and Blacklisting
    • Individuals and companies found guilty of bribery may face debarment from participating in government contracts or being blacklisted from conducting business in the UAE.
  3. Corporate Penalties
    • Companies involved in bribery offenses can face severe penalties, including suspension or revocation of business licenses, dissolution, or placement under judicial supervision.
  4. Additional Penalties for Individuals
    • Individuals convicted of bribery offenses may face additional penalties, such as the loss of civil rights, prohibition from holding certain positions, or deportation for non-UAE nationals.
Penalties Punishments for Bribery Offenses

Defense Strategies on Bribery Crimes in the Emirates

When facing bribery charges in the UAE, defense strategies may include:

  1. Lack of intent: Demonstrating that the accused did not intend to influence official conduct.
  2. Entrapment: Arguing that law enforcement induced the crime.
  3. Insufficient evidence: Challenging the prosecution’s evidence as inadequate or unreliable.
  4. Duress: Showing that the accused was forced to participate in the bribery scheme.
  5. Reporting defense: In some cases, voluntarily reporting the bribe before discovery may lead to exemption from punishment.

A spokesperson from the Dubai Police Anti-Corruption Unit stated, “We are committed to rooting out bribery at all levels. Our message is clear: there is no place for corruption in the UAE’s business or government sectors.”

Recent Legal Developments for Bribery

The UAE government recently implemented Federal Decree-Law No. 38 of 2023, strengthening anti-bribery measures and introducing:

  • Enhanced whistleblower protection
  • Increased penalties for repeat offenders
  • Mandatory corporate compliance programs
  • Digital evidence protocols

Notable Case Study: The Corporate Integrity Victory

Names changed for privacy

Mr. Ahmed (name changed), a senior executive at a multinational corporation, faced allegations of offering bribes to secure a government contract. Our legal team successfully proved that the alleged payments were legitimate consultancy fees documented through proper channels. The case highlighted the importance of maintaining detailed financial records and following corporate governance protocols.

Geographic Reach

Our criminal defense attorneys serve clients throughout Dubai, including Emirates Hills, Dubai Marina, Deira, Dubai Hills, Bur Dubai, JLT, Sheikh Zayed Road, Mirdif, Business Bay, Dubai Creek Harbour, Al Barsha, Jumeirah, Dubai Silicon Oasis, City Walk, JBR, Palm Jumeirah, and Downtown Dubai.

The criminal justice setup in the United Arab Emirates

Expert Legal Support When You Need It Most

When facing bribery charges in Dubai or Abu Dhabi, immediate legal intervention is crucial. Our team of seasoned criminal lawyers brings decades of experience in handling complex bribery cases within the UAE legal system. Contact us at +971506531334 or +971558018669 for prompt legal assistance that could make the difference in your case.

Ask us a Question !

You will receive an email when your question will be answered.

+ = Verify Human or Spambot ?