jurisdiction

Saudi Arabia
Source of law 

Combatting Bribery Law issued by Royal Decree No. M/36 dated 29/12/1412H (corresponding 

to 30/6/1992) as amended by: 

Saudi Arabia Cabinet Decision No. 5/1440 dated 01/01/1440 H; Saudi Arabia Cabinet Decision No. 633/1440 dated 06/11/1440 H; Saudi Arabia Cabinet Decision No. 106/1442 dated 12/02/1442 H; and Saudi Arabia Cabinet Decision No. 255/1443 dated 25/04/1443 H. 

(the ‘CBL’) . 

Other major legislation contributes to the general anti-corruption legal framework, namely (i) Saudi 

Civil Service Law issued by Royal Decree No. M/49 dated 10/7/1397H (corresponding to 

26/6/1977); (ii) Charter of Public Service Ethics and Conduct, issued pursuant to Council of Ministers Resolution no. (555) dated 25/12/1437H (corresponding to 28/9/2016). (iii) National Anti-Corruption Commission Law issued by the Council of Ministers 

Resolution No. 165 dated 28/5/1432H (corresponding to 2/5/2011); and (iv) the National 

Strategy for Protecting Honesty and Combatting Corruption implemented by the Council of 

Ministers Resolution No. 43 dated 1/2/1428AH (corresponding to 19/2/2007). The Kingdom of Saudi Arabia also applies the United Nations Corruption Convention, the United Nations Convention Against Transnational Organized Crime and Arab Convention Against Corruption.  

Offence 

General Offences: 

A public official   is deemed to have been bribed, and is subject to the penalties set out in the CBL, when he accepts, receives or solicits a promise or an offer   , for himself or for a third party, to: 

  • perform (or fail to perform) an act deemed to form part of his functions or duties (or that he claims to fall within his functions), even where the act is lawful; 
  • violate his duties or to be remunerated for his actions (even in the absence of a prior agreement); 
  • use his influence to obtain or attempt to obtain from any public authority any act, order, decision, commitment, authorisation, import agreement, job, service or any kind of advantage; 
  • follow up, due to his function, on any formality when none of the above offences apply. 

Bribers, intermediaries and accessories are also subject to the same penalties set out in the CBL for each of the abovementioned offences. The offence remains punishable even if the offered bribe was not accepted. 

The bribe  
Is there a presumption that the advantage was given/received corruptly? No
Would facilitation payments be caught? Yes 
Would corporate hospitality be caught? Yes 
Is there any de minimis? No 
Does the bribe have to be monetary? No
Public officials  
Does the offence only apply to bribing public officials? No
Acts performed outside KSA  
Can bribery performed outside KSA be caught? No 
Does the act also need to be illegal in the foreign country of performance?  No 
Who can be liable?  
Saudi nationals? Yes 
Saudi company? Yes 
Saudi partnership (including limited liability partnerships) incorporated? Yes
Director of Saudi company? Yes 
Saudi company if the bribe is committed abroad by its foreign subsidiary? No 
Foreign subsidiary of a Saudi company if the bribe is committed abroad? No 
Foreign national/company/partnership if bribe is committed in KSA? Yes
Foreign national domiciled or “ordinarily resident” in KSA if bribe is committed outside KSA? No 
Foreign company/partnership if bribe is committed abroad? No 
Penalties  
Penalties include: 

Public officials: 

  • Imprisonment of up to ten years or a fine of up to SAR 1m or where the public official violates their duties either by doing or abstaining from doing due to mediation, request or recommendation will be punished by no more than three years of imprisonment and fined no more than SAR 100,000, or both. 
  • Removal or being barred from public office. 
  • Facilitating a transaction: no more than two years of imprisonment and fined no more than SAR 50,000, or both. 

Private employees such as a manager, person in charge, board member, auditor or liquidator:  

  • Imprisonment for a period not exceeding five years, and/or a fine not exceeding SAR 500,000, or both. 

Companies: 

  • Fine of up to ten times the amount of the bribe and a prohibition from entering government contracts (subject to Council of Ministers reconsideration after five years as of the date of the judgment). 

With respect to public officials, private employees and companies, there is a right of confiscation of the proceeds of crime, privilege or gift and any related proceeds arising from the criminal act. 

Defences  
Are there any defences available? Briber and intermediary are exempted from criminal liability if they inform the authorities before the offence is discovered.