Bribery offences protect the integrity of public office and prevent the misuse of authority or official position for private benefit. The Anti-Bribery Law identifies the forms of prohibited conduct and the penalties applicable to bribe recipients, bribe givers, intermediaries and accomplices in the circumstances specified by the Law.
Who is a bribe recipient?
Article 1 of the Anti-Bribery Law provides that a public official who, for themselves or another person, solicits, accepts or receives a promise or gift in return for performing an act within their official duties, or an act they claim falls within those duties, is deemed to be a bribe recipient.
The requested act need not itself be unlawful. The offence may arise even where the act is a lawful official duty, if it is linked to a request for a promise or gift.
The offence is punishable by:
- Imprisonment for a term not exceeding ten years.
- A fine not exceeding SAR 1 million.
- Or either of these penalties.
Forms of bribery
Bribery in return for performing an act
This is the form addressed by Article 1, where the gift or promise is given in return for the performance of an official act.
Bribery in return for refraining from an act
Article 2 of the Anti-Bribery Law addresses an official’s request for a gift in return for refraining from performing an official duty.
Bribery involving a breach of official duties
Article 3 addresses soliciting or accepting a gift in return for a breach of official duties, or as a reward for an act already performed by the official.
Trading in influence
Article 5 of the Anti-Bribery Law addresses soliciting or accepting a gift in return for using real or purported influence to obtain, or attempt to obtain, an act, decision, licence, position, service or advantage from a public authority.
Bribery for following up a transaction
Article 6 of the Anti-Bribery Law addresses an official’s solicitation of a gift by reason of their position to follow up a transaction with a government entity, where the other provisions do not apply.
Breach of duty through intercession or recommendation
Article 4 addresses an official’s breach of their duties as a result of a request, recommendation or intercession. The penalty specified by the Law applies in such a case.
Who is treated as a public official?
The Law is not confined to government employees in the narrow sense. Article 8 of the Anti-Bribery Law extends the category of persons treated as public officials to include persons working for the State or public bodies; certain arbitrators, experts and persons commissioned by government entities; employees of certain companies and establishments that manage public utilities or provide public services; joint-stock companies; companies in which the government holds an ownership interest; and companies and establishments engaged in banking activities, within the limits prescribed by the Article.
Penalties for bribe givers and intermediaries
Criminal liability is not limited to the official who solicits or accepts the bribe.
Article 9 provides that a person who offers a bribe that is not accepted may be punished by imprisonment for up to ten years and a fine of up to SAR 1 million, or either penalty.
Article 10 provides that a bribe giver, intermediary or accomplice is subject to the penalty prescribed by the provision criminalising the conduct, where the requirements for participation in the offence are satisfied.
A gift need not be money
Article 12 does not limit a promise or gift to cash. It includes any benefit or advantage that the bribe recipient may obtain, whether material or non-material, whatever its nature or description.
Ancillary penalties
Where a public official, or a person treated as such, is convicted of a bribery offence, Article 13 provides for dismissal from public office and disqualification from holding public office or undertaking work whose holders are treated as public officials.
Under Article 15, confiscation of the money, advantage or benefit involved in the offence must also be ordered in all cases where this is possible.
Exemption from punishment
Article 16 provides an important exemption for a bribe giver or intermediary: they are exempt from the principal and ancillary penalties if they inform the authorities of the offence before it is discovered.
How is bribery reported?
The Oversight and Anti-Corruption Authority receives reports of corruption offences, including bribery. Within its jurisdiction, it conducts preliminary evidence-gathering, investigation and prosecution in corruption cases.
The Authority provides an electronic reporting service. A report must contain clear, specific facts that can be examined and traced, together with supporting material where available. The service also allows the reporting person to indicate whether they wish their identity to be disclosed.
The Authority identifies the toll-free number 980 as one of its reporting channels, alongside electronic services and other approved methods.
Stages of the case
Depending on its nature and facts, a case proceeds through reporting, preliminary evidence-gathering and investigation, followed by the applicable steps for bringing criminal proceedings before the competent court. The rights of all parties and the accused person’s statutory procedural safeguards must be observed.
Documentation and preservation of evidence are therefore important. Relevant material may include correspondence, transfers, conversations, documents and facts establishing that a bribe was solicited, offered or accepted. The evidential weight of each item remains subject to the applicable rules of evidence and criminal procedure.
