Uae Laws for Corruption

Anti-bribery regulations vary from region to region, and it`s important to have a team on the ground that understands local laws, is committed to business transparency, and is prepared to meet any compliance challenges that arise. But companies of all sizes must also ensure that they operate in compliance with anti-bribery laws that have extraterritorial reach – such as the US Foreign Corrupt Practices Act and the UK`s Bribery Act – in part by implementing globally recognised compliance best practices. Yes, anti-corruption legislation is explicitly extraterritorial, provided that the conditions set out in question 2.7 are met. Civil service laws prohibit accepting, accepting, offering and soliciting bribes. Under these laws, government employees must not accept gifts (as opposed to bribes) unless they are symbolic or promotional gifts bearing the name and emblem of the organization presenting them, and each department must define the organizational unit that may accept gifts on its behalf in accordance with its regulations and standards. With regard to the investigation and prosecution of bribery and corruption, we believe that we must continue to support agencies that focus on bribery and corruption, and ensure that they, as well as all government officials, receive adequate training on what constitutes bribery and corruption. The United Arab Emirates (the “United Arab Emirates”) continues to lead the Arab world in its anti-corruption (“ABC”) efforts. The UAE offers a business-friendly environment with an effective and efficient public administration. It criminalizes active and passive bribery, embezzlement, abuse of office and bribery, enforces its national NBC legislation, and continues to work with international partners to combat bribery and corruption. Despite the absence of strict regulations regarding the requirements and methods used in the implementation of compliance programs, many international, national and state organizations implement a transparent compliance program. This is mainly because the benefits of a compliance program system outweigh the risks associated with not implementing one. In many companies and government agencies, this is a core policy that is part of a broader corporate governance program.

Such provisions ensure transparency and allow government agencies, corporations and senior management of organizations to have a clear picture of what is happening in each entity. These programs are also often used as a prevention mechanism within government or corporate structures to combat internal misconduct to avoid potential violations (e.g. violations of international regulations that may apply to multinational companies, even if local UAE laws are not onerous enough), in addition to the ability to report and detect such misconduct. In addition, the statute of limitations for bringing charges against corruption-related crimes in the provisions of the Penal Code was abolished in 2016. There is no statute of limitations for bringing a civil action against corruption offences in the UAE. The UAE does not have a special anti-corruption law, but the applicable provisions are part of Federal Law No. 3 of 1987, which enacts the Penal Code and its amendments (UAE Penal Code). Articles 234 to 239 of the UAE Penal Code contain the main provisions aimed at combating corruption in the region. There is no independent law on corruption in the United Arab Emirates. Bribery and corruption are governed by several different and overlapping laws.

However, Federal Law No. 3 of 1987 (the UAE Penal Code) is the main corruption legislation. Corruption is undeniably a risk to the prosperity of a society and the companies that operate in a country. The fight against corrupt practices has always been an extreme preference for the UAE government. However, there are no comprehensive and autonomous laws against corruption or corruption in the UAE. Nevertheless, the UAE has been fighting corruption and bribery since 1980. It expressly incorporated the main provisions on corruption and bribery into the main law, Federal Law No. 3 of 1987, as subsequently amended (Penal Code of the United Arab Emirates), as well as other federal and local laws such as Federal Legislative Decree No. 11 of 2008, the Federal Personnel Law, Federal Law No. 21 of 2001 of the United Arab Emirates on the Civil Service; Human Resources Management Act No. 27 of 2006 of the Government of Dubai; Abu Dhabi Law No. 1 of 1970 (Abu Dhabi Penal Code), Dubai Criminal Law of 1970 (Dubai Penal Code), Dubai Financial Fraud Act 2009 and Abu Dhabi Law No.

1 of 2006 on Public Service in the Emirate of Abu Dhabi. Federal law criminalizes, including, but not limited to, active or passive bribery, embezzlement, bribery, abuse of power or power. The company can be sued if a third party has suffered damage as a result of the corruption. With regard to the criminal consequences of corruption, the Company may also be subject to fines and penalties of up to a maximum of AED 50,000. The person who committed the crime will be held fully responsible under the laws of the United Arab Emirates. The UAE has been fighting corruption since the 1980s with the enactment of Federal Law 3/1987, also known as the UAE Federal Penal Code, and in particular Articles 234 to 239. The Federal Department of Human Resources (Federal Ordinance 11/08) also fights corruption. Companies may be held liable for offences committed by their representatives, directors or agents acting on their behalf under article 65 of the Criminal Code.

These include bribery and corruption offences. The UNCAC and the Arab Council (which is responsible for the creation of the Arab Convention) were established specifically to combat corruption at the global and territorial levels, respectively. The ratification of the UNCAC means that from October 2017, the UAE, along with the 178 countries, will be able to fight corruption worldwide. With so many countries ratifying the agreement, a united front against corruption is presented, and all members are tackling the problem in the same or similar way. Membership in the Arab Council is also important: Arab states face unique corruption problems that may not be applicable in the rest of the world, so it is important that Arab states join forces to fight corruption at the regional level. As explained in question 4.1, the UAE takes the enforcement of the anti-corruption law very seriously in the public and private sectors, as well as against companies and individuals. The very real and serious threat of imprisonment and fines is a major motivator for individuals and companies to refrain from bribery and corruption. The UAE ranks 40th (out of 194 countries) in TRACE`s 2020 Corruption Risk Matrix, which specifically measures corporate bribery risk. Indices measuring perceived corruption agree that the UAE has low levels of perceived corruption in the Middle East.