Have You Been Charged for Taking Bribery in Uae?
UAE do not have any specific legislation to govern and regulate the crimes of bribery, however, the provisions governing this criminal act is covered in multiple laws.
To be more specific, Federal Law Number 3 of 1987 on UAE Penal Code is the primary legislation administering crimes of bribery. The UAE Criminal Code oversees all crimes including bribery over all the Emirates and the free zones.
Bribery is a method for promising, giving or accepting any financial advantages or advantages in kind in lieu of discharging any official commitments. Criminal Lawyers of Dubai confirms that the law against bribery is authorized since 1980 through Criminal Law of UAE; yet, organizations in UAE are ignorant of its implementation and criminal ramifications for abusing any provisions of bribery. The act of “bribery” isn’t explicitly characterized under the UAE Criminal Code. By suggestion from the bribery offenses, it is an offering generally monetary in nature or other bit of leeway offered or got, straightforwardly or indirectly, to incite or remunerate the doing or prevent oneself from performing any duty authorized by the Law.
Criminal Law under Article 234 to 239, portrays the offenses of bribery and following are the significant offenses secured under the Criminal Law:
In 2016, the UAE corrected the Criminal Code to incorporate an express arrangement, which makes bribery between private people and organization a criminal offense. The components of the offense are guaranteeing, offering or awarding any bribery to someone working in any private division or authority for performing or abstain himself for performing any relevant duty or responsibility. Importantly, the Law confirms that for the offense of bribery to be executed all components must be fulfilled in any criminal act to be considered it as bribery in private organization. The legislators further removed any time limitation to file the case of bribery and it can now be registered at any time.
Additionally, more severe penalties are to be imposed on accused in alleged bribery offenses. For instance, any individual accused for bribery shall be punished with an imprisonment for a maximum period of 5 years and/or a fine of minimum AED 5,000. Importantly, companies will be responsible for the acts committed by their directors, managers or other representatives and the companies may suffer fine varying from AED 50,000 to a maximum of AED 500,000 and confiscation of the proceeds from the act of bribery.
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Al Rowaad Advocates and Legal Consultantancy is a full-service law firm in UAE, duly licensed to perform legal services and advocacy in the United Arab Emirates with a head office in Dubai and a branch office in Abu Dhabi. Our firm serves and represents both local and expatriate companies and individual clients.