Global Compliance

Anti-Bribery Laws in UAE

The nature of the construction industry is as such that acquiring of goods and services and choosing the suppliers and the contractors is the decision of an individual; an individual who can be profoundly influenced for winning opportunities on a large-scale project makes bribery a significant issue in this industry. Globally, the procurement segment in the construction industry is where the majority of corruption takes place. The Middle East, and more significantly the UAE, have massive infrastructure plans and expansion project underway which is government related to significant issuing of government contracts. In subdue of this, the visionary rulers of UAE have issued new laws to curb the dangers of bribery. As defined in the Black Law’s Dictionary, bribery is the act of offering, giving, receiving, or seeking of any item of value to influence the actions of a person or an authority in control of a public or legal duty.

Anti-Bribery Laws
In addition to the ratification of the United Nations convention against corruption, the UAE also signed the Arab Convention to fight corruption. The anti-bribery provisions for the UAE have been embedded in the following legislations: -

• Federal Law Number 3 of 1987 (the Federal Penal Code);
• Federal Decree-Law Number 11 of 2008 (the Federal Human Resources Law);
• Dubai Law Number 37 of 2009 (the Financial Fraud Law);
• Ministerial Resolution Number 20 of 2000 regarding Administration Contracts Regulation; and
• Dubai Law Number 6 of 1997 regarding Contracts of Governmental Departments in the Emirate of Dubai.

The following parties shall, by operation of law, be considered as a public official as per the above legislations: -

• Persons entrusted with the public authority and employees working in ministries and governmental departments;
• Members of the Armed Forces;
• Chairpersons and members of legislative, consultative and municipal councils;
• Individuals delegated by any of the public authorities to perform a specific assignment within the limits of the work entrusted;
• Chairpersons and members of boards of directors, managers and all other employees working in associations and public corporations;
• Chairpersons and members of boards of directors and all other employees working in associations and public welfare institutions; and
• Individuals not included in the above categories and discharge work connected with public service by instructions given to them from a government official possessing the control to provide such an action according to prescribed rules or regulations. Then concerning such action assigned to him, shall be by operation by law considered as entrusted with public service.

What is a ‘Bribe’?
A public tender is the primary means for contractor selection. It is launched through public announcement either inside or outside the State, and the procedures thereof and decisions thereon shall be in line with the procedures stated in Dubai law number 6 of 1997. ‘Contract’ means any written text of the agreement as concluded between a department and any other public or private, natural or artificial individual for the supply of materials, the execution of works, or the provision of services including materials purchasing orders and assignment orders issued for jobs and services agreed to. In the Penal Code, the word bribe is not mentioned. The provisions refer to ‘any gift or benefit, or a promise for the same.'
Article 235 of the Federal Penal Code also states that, every public servant or an individual in charge of a public service who demanded or accepted for himself or for others a grant or benefit of any kind pursuant to the discharge or abstention from doing an act in breach of the duties of his office, shall be sentenced to imprisonment for a term not exceeding ten years.
Following on from this, Article 237 states that, whoever offers or promises to a public servant or an individual in charge of a public service, even if he rejects the offer, a grant or benefit of any kind in return of discharging or abstaining from doing an act in breach of the duties of his office shall be sentenced to imprisonment for a maximum period of five years. And whoever intercedes with the briber or the bribed person to offer a bribe, demands accepts or promises it. Shall be sentenced to the same penalty

It’s seen that many people are unaware of the Anti-Bribery provisions in the UAE and how it could affect their business as there is no one law for Anti-Bribery. There is an increase in bribery crimes, and the prosecution of these practices and the UAE authority seeks to enforce this law to curb the dangers of such practices 

Glossary

• Federal Law Number 3 of 1987 is the primary federal code which provides regulations for Anti-Bribery practices in the UAE. Article 234 of article 239 states the regulation, which criminalizes bribery or an attempt to bribery.
• Dubai Law, number 6 of 1997: This law relates to governmental contracts, specifically in the Dubai Emirate. The legislation regards any government contract that generates and expense.
• Ministerial Resolution Number 20 of 2000: Also known as the Federal Tenders Regulation, prohibits an individual working in a UAE ministry from having any interest, whether direct or indirect in contracting works to the ministry in which the individual is employed.
• Tender: Tender and procurement are very closely related. The process of tender involves one entity auctioning off work that they have to external entities. Often, it is the government/public entities that provide this type of work
• Procurement: the process of procurement is when an entity bids for work that has been put up for tender. The bid involves producing a plan of how they will tackle and complete the work.
• Federal Decree-Law Number 11 of 2008: This law governs the area of Federal Human Resources Law in the UAE
• Dubai Law Number 37 of 2009: Within the Emirate of Dubai, this is the law relating to Financial Fraud, and it covers all businesses within the private and public sectors