The Saudi Anti-Bribery Law (نظام مكافحة الرشوة) is one of the strictest criminal laws in the Kingdom. It reaches the employee who takes, the person who gives, and the intermediary between them. It was issued by Royal Decree No. (M/36) dated 29/12/1412H and later amended to cover forms of bribery in the private sector. Every business owner and employee needs to know where the line falls between an acceptable gift and a crime. Here we explain what bribery means under the law, who is liable, and how to protect yourself and your business.
What is bribery under the law?
At its core, bribery is when an employee requests, accepts or takes, for himself or for someone else, a promise or a gift in return for performing an act of his job, refraining from it, or breaching his duties. The law punishes bribery even if the employee did not actually intend to perform the act, and even if the act was lawful in itself.
Who is liable?
| Party | Position under the law |
|---|---|
| The bribe-taker | A public employee or a person treated as one, and also a private-sector employee in the forms covered by the amendment |
| The bribe-giver | The person who gives or offers the gift, who is punished even if it is not accepted, in cases of an offer |
| The intermediary | The person who mediates between the giver and the taker |
| The legal entity | The business may be fined if the offence was committed for its benefit |
Penalties include imprisonment, fines and confiscation of the gift, with knock-on effects on employment. Check the current official text for the amount of the penalty in each form of the offence.
Reporting and exemption
The law encourages reporting, and in cases it defines it exempts from punishment a bribe-giver or intermediary who reports to the authorities before the offence is discovered. The Oversight and Anti-Corruption Authority, known as Nazaha (نزاهة), receives and investigates reports.
Gift or bribe? Practical rules for businesses
- Write a clear gifts and hospitality policy, and set out what may be accepted and what must be refused.
- Prohibit any "facilitation" payments to get a government transaction done.
- Document dealings with government bodies and suppliers, and review commissions and agents.
- Train staff, and make internal reporting safe. Read corporate governance.
Foreign companies operating in Saudi Arabia should apply these rules to local agents and intermediaries, not only to their own staff.
Frequently asked questions
Is a gift given after a transaction is completed a bribe?
It may be, if it is in return for the official act, even when it comes afterwards. The safest course is for an employee not to accept any gift from someone whose transaction he handles.
I was asked for money to get my transaction done. What should I do?
Do not pay. Report it to the Oversight and Anti-Corruption Authority through its official channels, and keep any evidence of the request.
I have been accused of bribery. What is the first step?
Do not give any statement before getting a lawyer, because bribery cases turn on the details of intent and evidence. Investigations and court proceedings are in Arabic, so an English-speaking lawyer matters. Read the rights of the accused under the Criminal Procedure Law.
Need a defence, or a compliance policy for your business?
The team at Usus Law Firm handles the defence in criminal cases in complete confidentiality, and drafts compliance and anti-corruption policies as part of corporate governance, in Riyadh and Tabuk.
This article is general legal information and is not a substitute for advice on your specific case. Court proceedings in Saudi Arabia are in Arabic; the official Arabic text of each law prevails.
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