Anti-Bribery and Corruption Laws in United Arab Emirates

 Passive Public Bribery  2 Note, that officials are subject to additional obligations that govern their behaviour (for example, including under Federal Civil Service Law (Law No.21/2001), Federal Human Resources Law (Federal Decree-Law 49/2022), local legislation in Abu Dhabi (the Abu Dhabi Civil Service Law (Abu Dhabi Law No. 1/2006) and Abu Dhabi Human Resources Law (Abu Dhabi Law No.6 /2016) and in Dubai (the Dubai Government Human Resources Management Law (Dubai Law No. 27/2006)) each as amended).  

Individual public servant 

Article 275. The offence applies to every public official or person assigned to a public service or foreign public official or an employee of an international organisation who demands, accepts, or receives, either directly or indirectly, an undue gift, benefit, or grant, or is promised of the same, whether the employee himself or to another person or another entity or establishment, in order to perform or to omit an act included within the duties of his office or in the course of such office, or to violate his duties, even if he has not intended to perform or to omit the act or to violate the duties of his office, or if the demand, acceptance or receipt is done after the performance or omission of the said act or after the violation of duties.  

Article 276. The offence applies to every public official or person assigned to a public service or foreign public official or an employee of an international organisation who, demands, accepts or receives, either directly or indirectly an undue gift, benefit, or grant whether to the employee himself or to another person or another entity or establishment, in order to perform or omit an act which he mistakenly assumes or presumed to be included within the duties of his office.  

Article 277 Arbitrators, experts, and investigators are considered the same as the public official to the extent of the assigned work 

Article 281 Any person who demands for himself or for another person, or who accepts or receives a promise or gift to use a genuine or assumed influence, in order to obtain or in attempt to obtain from a public department or authority or any entity under its supervision, an undue grant, service, benefit, or any other advantage. 

Intermediary Offence 

Article 282. It is an offence to act as an intermediary between the giver and recipient of a bribe when offering, demanding, requesting, accepting, receiving, or promising a bribe. 

General Offence 

Article 323.  There is also a general offence for failing to report a criminal offence. This would apply to someone who became aware of, but did not report, an attempt or actual case of bribery.  

• A fine equal to what is requested, offered or accepted, but no less than AED 5,000. 
• Confiscation of the gift accepted by or offered to a public official or person entrusted with a public service. 
• Imprisonment as follows: 
  • Passive Public Bribery: Individual public official: temporary imprisonment 
  • Passive Public Bribery: Officer of public entity: up to five years imprisonment 
  • Active public bribery: up to five years imprisonment 
  • Intermediary: up to five years imprisonment 

Active Public Bribery 

Article 280. The offence applies to any person who promises, offers, or grants, a public official or person assigned to a public service, or any foreign public official or an employee of an international organisation, either directly or indirectly, an undue gift, benefit, or grant, whether to the employee himself, in order to perform or to omit an act included within his duties or an act which constitutes a violation of the said duties. 

Abuse of Power 

Applies to the promising, offering, granting, or giving either directly or indirectly, a public official or any other person, a gift, a benefit, or grant that is not due to abet that public official or person to abuse his power, whether actual or presumed, in order to obtain, from a public department, an unlawful benefit for the benefit of the original abettor of the act or for the benefit of any other person. 

Any public official or any other person requesting or accepting a benefit, gift or grant that is not due, whether for himself or for another person, either directly or indirectly, causing such public servant or person to abuse his power, whether actual or presumed, in order to obtain, from a public department or authority, that unlawful benefit. 

Private Bribery (Article 278 and 279) 

Passive Private Bribery 

Article 278. Any person managing an entity or establishment of the private sector, or employed in whatsoever capacity for either one, who demands or accepts, either directly or indirectly, an undue gift, benefit, or grant, or is promised of the same, whether to the person himself or to another, in order to perform or to omit an act included within the duties of his office or an act which constitutes a violation of the said duties, even if he has not intended to perform or to omit the act, or if the demand, acceptance, or promise is done after the performance or omission of the said act. 

Active Private Bribery 

Article 279. Any person or employee in whatsoever capacity who promises, offers, or grants the manager of an entity or establishment of the private sector, either directly or indirectly, an undue gift, benefit, or grant, whether to the manager himself or to another person, in order to perform or to omit an act included within his duties or an act which constitutes a violation of the said obligations. 

• A fine equal to what is requested, offered, or accepted, but no less than AED 5,000. 
• Imprisonment of up to five years for both passive and active private bribery 

• A fine equal to what is requested, offered or accepted, but no less than 
• AED 5,000. 
• Confiscation of the gift accepted by or offered to a public servant or person entrusted with a public service. 
• Imprisonment of up to five years.