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Results: 4 Answers
Anti-Corruption & Bribery
2.
Definitions and scope of application,
2.1
How is ‘public corruption’ or ‘bribery of a public official’ defined in the anti-corruption legislation?
 
United Arab Emirates
Article 236 bis (1) of the Federal Penal Code deals with the offence of accepting a bribe as a public official as follows:

Any person who administers an entity or establishment that pertains to the public sector, or is employed by either one of whatever capacity, who requests, accepts, either directly or indirectly, a gift, benefit or a grant that is not due, or is promised of the same, and, whether to the benefit of himself or another person, in order for such person to commit or omit an act that is included in his duties, even if he has intended not to fulfil or omit such act, or if the request, offer or promise is made after the fulfilment or omission of such act, shall be sentenced to imprisonment for no more than five years.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.2
How is a ‘public official’ defined in the anti-corruption legislation? How is a ‘foreign public official’ defined?
 
United Arab Emirates
Article 5 of the Federal Penal Code defines a ‘public official’ as follows:

A public servant shall be defined in the present Law as any person in a federal or local position, whether legislative, executive, administrative or judicial, whether be appointed or elected such as:

  1. Persons entrusted with public authority and employees of ministries and government departments;
  2. Members of the military forces;
  3. Employees of security bodies;
  4. Members of the judiciary, chairmen and members of legislative, advisory and municipal boards;
  5. Any person assigned to a certain task by a public authority, to the extent of the delegated task;
  6. Chairmen and members of boards of directors, directors and other employees of public authorities and institutions, as well as companies owned, wholly or partially by the Federal Government or local governments;
  7. Chairmen and members of the boards of directors, directors and other employees of societies and associations of public welfare.

Public servants shall be deemed by the present law as any person who is not included within the categories set forth in preceding clauses. Any person engaged in the work of public service as assigned to him by a public servant in charge under laws or regulations with respect to the assigned task.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.3
How is ‘private corruption’ or ‘bribery in the private sector’ defined in the anti-corruption legislation?
 
United Arab Emirates
Article 236 bis (2) of the Federal Penal Code deals with the offences of accepting a bribe in the private sector and states the following:

Any person who promises another person managing an entity or establishment of the private sector, or who is employed by him in any capacity, with a gift, benefit or grant that is not due, or who offers or grants the same, either directly or indirectly, whether to the benefit of the person himself or for another person, in order for that person to perform or to omit an act that is included in his duties or constitutes a violation thereof, shall be sentenced to imprisonment for no more than five years.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.4
How is ‘bribe’ defined in the anti-corruption legislation?
 
United Arab Emirates
There is no ‘set in stone’ definition of ‘bribery’ in a specific UAE law. However, the United Nations Convention Against Corruption, which was adopted as per Federal Decree Law 8/2006, specifically Chapter 3, defines ‘bribery’ as a criminal offence where the following is committed intentionally:

(a) The promise, offering or giving, to a public official either directly or indirectly, of an undue advantage, for the official himself or another person or entity. In order that the official act or refrain from acting in the exercise of his or her official duties;

(b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.

The Federal Penal Code supports the above definition.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.5
What other criminal offences are identified and defined in the anti-corruption legislation?
 
United Arab Emirates
The anti-corruption legislation has its roots in the Federal Penal Code, which incorporates most criminal offences.

Specific financial-related offences that are incorporated within the bribery legislation include:

  • fraud;
  • embezzlement;
  • money laundering;
  • terrorist financing;
  • the guarantee of a company loan to a chairman or person in power;
  • disclosure of classified information;
  • perjury;
  • decisions in court which are willingly made against the truth;
  • the purposeful provision of false information by court officials or prejudice against a certain party by court officials (eg, a translator changing the answers of a witness); and
  • the provision of misleading information to authorities for personal reasons.

This list is not exhaustive and merely highlights a few examples of offences identified in the anti-corruption legislation.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.6
Can both individuals and companies be prosecuted under the anti-corruption legislation?
 
United Arab Emirates
Both individuals and corporate entities can be held liable for bribery, although the penalties may differ: individuals found guilty of bribery will face possible jail time, whereas corporate entities will typically be issued with a fine.

Both individuals and companies may also face administrative penalties, such as sector exclusion and cancellation of trade licences.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.7
Can foreign companies be prosecuted under the anti-corruption legislation?
 
United Arab Emirates
Yes, a foreign company may be prosecuted for corruption if the following conditions are met:

  • The perpetrator or victim is a UAE national;
  • The crime was committed by a public or private employee in the United Arab Emirates; or
  • The crime involved UAE public property.
For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP
2.8
Does the anti-corruption legislation have extraterritorial reach?
 
United Arab Emirates
Yes, the anti-corruption legislation is explicitly extraterritorial, provided that the conditions in question 2.7 are met.

For more information about this answer please contact: Nadim Bardawil from BSA Ahmad Bin Hezeem & Associates LLP