Article 12 of the Saudi Anti-Bribery Law

المادة 12 من نظام مكافحة الرشوة

The article broadens the meaning of promise or gift in bribery offenses to include every benefit or advantage the bribe-taker can obtain, material or non-material, of whatever type or name.

Official text (Arabic)

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

يعتبر من قبيل الوعد أو العطية - في تطبيق هذا النظام - كل فائدة أو ميزة يمكن أن يحصل عليها المرتشي أيا كان نوع هذه الفائدة أو تلك الميزة أو اسمها سواء كانت مادية أو غير مادية.

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 12 explained in plain English

This article specifies what is meant by "promise or gift," the core of the bribery offenses in the Law, as in Article 1, which treats as a bribe-taker a public employee who requests, accepts or takes a promise or gift to perform an act of his job.

What falls within the meaning of promise or gift?

Every benefit or advantage the bribe-taker can obtain.
Whatever the type of that benefit or advantage.
And whatever its name; calling it a present, fees, a tip or anything else does not change its ruling.
Whether material, like money and things, or non-material.

The aim of this broad definition is that no one escapes the application of the Law on the pretext that what he obtained is not money, or by changing the name of the consideration.

This meaning applies to the articles that mention the promise or gift, including Article 11, which punishes a person appointed by the bribe-taker or briber to take the bribe who accepted that knowing the reason. Article 13 attaches to the conviction of a public employee or his equivalent for an offense under the Law removal from public office and disqualification from holding it.

Since classifying a particular benefit may require looking at the circumstances of the incident, it is wise to consult a lawyer specializing in criminal matters.

Practical example

The manager of a company in Riyadh promised a government employee to hire his son at the company if he completed an act within his job for him, without paying him any money. This promise of a non-material advantage falls within the meaning of promise or gift under this article.

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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