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ribery under the UAE Law on Crimes and Penalties: Scope of Criminalization in Public Office and the Private Sector, and Liability of Both Parties
The essence of bribery and the interest protected by the law
Federal Decree-Law No. (31) of 2021 Promulgating the Law on Crimes and Penalties establishes a clear framework for bribery as an offense against integrity and the public’s confidence in the impartiality of decisions and acts connected to public functions or function-like assignments. The provisions are built on the principle that an undue consideration—whether a gift, advantage, or grant—must not be linked to performing an act of office, refraining from it, or breaching official duties. Criminalization is not limited to actual receipt; it extends to requesting, accepting, and being promised an undue benefit, whether directly or indirectly. It also covers situations where the request, acceptance, or receipt occurs after the performance of the act or the refraining from it, preventing attempts to disguise bribery as a “later reward.”
Bribery involving public officers, foreign public officers, and international organization officials
Article (275) – Federal Decree-Law No. (31) of 2021 provides that any public officer, person entrusted with a public service, foreign public officer, or international organization official who requests, accepts, receives, or is promised—directly or indirectly—an undue gift, advantage, or grant, whether for the employee’s own benefit or for the benefit of another person, entity, or establishment, is punishable by temporary imprisonment if this is in exchange for performing an act of office, refraining from it, or breaching official duties, by reason of or in connection with the functions of the office. The provision expressly confirms liability even if the employee intended not to perform the act, to refrain, or to breach duties, and it also applies if the request, acceptance, or receipt occurs after the act was performed, the refraining took place, or duties were breached. This widens protection to capture all forms of trafficking in office, whether before or after the relevant act.
Bribery for an act the employee falsely claims is within his duties
Article (276) – Federal Decree-Law No. (31) of 2021 addresses a scenario based on false claim or mistaken belief. It punishes by temporary imprisonment any public officer, person entrusted with a public service, foreign public officer, or international organization official who requests, accepts, or receives—directly or indirectly—an undue gift, advantage, or grant for himself or for another, in exchange for performing an act that he mistakenly believes or claims is part of his official duties, or for refraining from such an act. The law therefore does not require that the act actually falls within the employee’s authority; it is sufficient that the employee uses (or purports to use) the office as the basis for the undue benefit.
Arbitrators, experts, and fact-finders treated as public officers for specific purposes
Article (277) – Federal Decree-Law No. (31) of 2021 provides that, for the application of Articles (275) and (280), arbitrators, experts, and fact-finders are deemed to be in the position of a public officer within the limits of the work assigned to them. This extends the protection of integrity to function-like roles that directly affect rights and legal positions, making them subject to the same bribery rules in relation to the tasks they are appointed to perform.
Private-sector bribery: liability of the recipient (the “bribed” person)
The law extends beyond public office to cover the private sector. Article (278) – Federal Decree-Law No. (31) of 2021 punishes by temporary imprisonment for a term not exceeding five (5) years any person who manages a private-sector entity or establishment, or works for either in any capacity, who requests, accepts, or is promised—directly or indirectly—an undue gift, advantage, or grant, whether for his own benefit or for another person, in exchange for doing an act or refraining from it where that act falls within the employee’s duties or constitutes a breach of them. The provision confirms liability even if the person intended not to perform the act or to refrain from it, and it also applies where the request, acceptance, or promise occurs after the act was performed or the refraining occurred. This reflects a legislative approach that treats bribery in the private sector as a serious breach of job duties and commercial integrity.
Private-sector bribery: liability of the giver (the briber)
Article (279) – Federal Decree-Law No. (31) of 2021 punishes by temporary imprisonment for a term not exceeding five (5) years anyone who promises, offers, or gives—directly or indirectly—an undue gift, advantage, or grant to a person who manages a private-sector entity or establishment or works for it in any capacity, whether for that person’s benefit or for the benefit of another, in exchange for doing an act or refraining from it where that act falls within the employee’s duties or constitutes a breach of them. This provision criminalizes the conduct of the party who supplies or attempts to supply the undue consideration, ensuring balanced accountability for both sides of the private-sector bribery transaction.
Bribing a public officer, a foreign public officer, or an international organization official
Article (280) – Federal Decree-Law No. (31) of 2021 punishes by temporary imprisonment for a term not exceeding five (5) years anyone who promises, offers, or gives—directly or indirectly—an undue gift, advantage, or grant to a public officer, a person entrusted with a public service, a foreign public officer, or an international organization official, whether for the employee’s own benefit or for the benefit of another person or entity, in exchange for the employee performing an act of office or refraining from it in breach of official duties. This confirms that criminal liability is not limited to the public employee as recipient; it also covers any person who seeks to corrupt the impartiality of the public function by offering or providing the undue benefit.
Across Articles (275) to (280) – Federal Decree-Law No. (31) of 2021,
bribery is criminalized in both the public and private sectors, covering requesting, accepting, receiving, promising, offering, and giving undue benefits, and extending to public officers, foreign public officers, international organization officials, and—within the scope of their assignments—arbitrators, experts, and fact-finders, while imposing liability on both the bribe recipient and the bribe giver to protect integrity and public confidence in official and commercial dealings.
Piter Bowman
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