UNITED ARAB EMIRATES Law and Practice Contributed by: Stuart Paterson, Janine Mallis and Tania Forichon, Herbert Smith Freehills
Similarly, it is prohibited for managers of any pri - vate sector entity or establishment, or individu - als employed by such persons in any capacity, to solicit or accept a bribe, directly or indirectly, for themselves or for other persons, in return for the following: • the performance, or refraining from the per - formance, of an act of their duties; or • defaulting on the duties of their job, even if they do not intend to carry out the act or not refrain from it, or if the demand, acceptance or promise comes after the performance of the act or the refraining from its performance. There are also some individual emirate-level provisions. Under Abu Dhabi Law No 6 of 2016 Concerning Human Resources in the Emirate of Abu Dhabi (the “Abu Dhabi Human Resources Law” ), it is an offence for public officials to abuse their official position in return for a service or benefit of any kind. Specific rules relating to bribery are also estab - lished under Dubai Law No 1 of 1970, as amend - ed (the “Dubai Penal Code” ). Under the Dubai Penal Code, both receiving bribes as a public official and influencing public officials to perform or refrain from performing their duties constitute criminal offences. Conspiracy Under Articles 45 and 46 of the New Penal Code, individuals who conduct the following acts will be deemed to be accomplices to the crime: • committing a crime in association with others; • committing one or a series of acts which constitute a crime; • making use of another person for the perpe - tration of an act constituting a crime;
• instigating or agreeing with the offender to commit a crime; • giving the offender the necessary tools, knowing they will be used in the commission of a crime; or • intentionally aiding the offender in any other way in preparing, facilitating, or completing a crime. Misappropriation Article 454 of the New Penal Code provides that an individual who knowingly misappropriates, with the intention to own, lost property owned by someone else or property in their possession by mistake or by force majeure can be subject to a jail sentence not exceeding two years or to a fine not less than AED20,000. Civil Liability Civil liability for fraud onshore arises under Fed- eral Law No 5 of 1985 Concerning Civil Transac - tions, as amended (the “Civil Code” ). Fraudulent misrepresentation (deceit) Under Articles 185 to 192 of the Civil Code, a claim for fraudulent misrepresentation is avail - able. Fraudulent misrepresentation arises when one of the contracting parties deceives the other by fraud by word or deed, leading the other to consent to what they would not otherwise have consented to. Deliberate silence concerning a fact or set of circumstances can also be consid - ered a fraudulent misrepresentation if it is proved that the person misled the victim to enter into the contract by virtue of that omission. Tort Articles 282 to 298 of the Civil Code provide that a person causing harm or a person deceiving another must make good the harm resulting from that deception. Harm may be direct or conse - quential. If the harm is direct, it must uncondi -
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