Article 1 of the Saudi Anti-Bribery Law

المادة 1 من نظام مكافحة الرشوة

The article treats as a bribe-taker any public employee who requests, accepts or takes a promise or gift to perform an act of his job, punishable by up to ten years' imprisonment and a fine of up to SAR 1 million, or either.

Official text (Arabic)

This article has not been amended since the law was issued.

كل موظف عام طلب لنفسه أو لغيره أو قبل أو أخذ وعدا أو عطية لأداء عمل من أعمال وظيفته أو يزعم أنه من أعمال وظيفته ولو كان هذا العمل مشروعا، يعد مرتشيا ويعاقب بالسجن مدة لا تتجاوز عشر سنوات وبغرامة لا تزيد عن مليون ريال أو بإحدى هاتين العقوبتين، ولا يؤثر في قيام الجريمة اتجاه قصد الموظف إلى عدم القيام بالعمل الذي وعد به.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 1 explained in plain English

This article is the foundation of the criminalization of bribery in the Law, and addresses the case of a public employee who obtains a consideration in order to perform an act of his job.

When is an employee a bribe-taker?

If he requests the promise or gift, or accepts it, or actually takes it; merely requesting or accepting is enough, without requiring receipt.
Whether it is for himself or for another, such as requesting the consideration for a relative or friend.
Whether the act is truly part of his job, or he claims it is part of his job.
Even if the act itself is lawful; an employee may not receive a consideration for doing his work.

The penalty: imprisonment for a period not exceeding ten years, and a fine not exceeding SAR 1 million, or either of these penalties; the judge sets the penalty within these limits.

The article provides that the offense is committed even if the employee privately intends not to perform the act he promised; what counts is the request, acceptance or taking, not carrying out the promise.

Article 2 supplements this provision by applying the same penalty to an employee who requests, accepts or takes a promise or gift to refrain from an act of his job, even if the refraining is lawful.

Anyone facing an accusation or needing to assess his position in a particular incident would do well to consult a lawyer specializing in criminal matters.

Practical example

An employee in a government department in Riyadh, responsible for issuing a certificate that a visitor is legally entitled to, asked Ahmed for a sum of money in exchange for issuing it. The employee is a bribe-taker merely by requesting the sum, even if the certificate was due to Ahmed in the first place, and even if he did not intend to issue it after taking the money.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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