	Lex Mundi Global Anti-Corruption Compliance Guide
	Bahrain
	(Middle East) Firm Hassan Radhi & Associates Contributors Sayed Hassan Alnawah Updated 01 Feb 2022
What is the key anti-bribery and corruption legislation in your jurisdiction?	There is currently no specific law governing anti-bribery and corruption as such. However, there are provisions that govern anti-bribery and corruption under other laws such as: Bahrain Penal Code promulgated by Amiri Decree No. (15) Of 1976, as amended (the “Penal Code”) Prime Ministerial Edict No. (51) Of 2012 Issuing the Implementing Regulations of the Civil Service Law promulgated by Virtue of Legislative Decree No. (48) of 2010 (“Implementing Regulation”) Law No. (36) of 2012 promulgating Labor Law for the Private Sector (“Labor Law”) The crime of bribery is covered under the Penal Code for workers in the public sector/government (“Public Servants”) and employees of the private sector (“Corporate individuals”). The *Penal Code* is the main legislation that sets out the criminal penalties and sanctions in Bahrain. In addition, the Implementing Regulation which is applicable to the public sector sets a prohibition on Public Servants under Article 34(3) on accepting any gift, reward or personal benefit against performing their duties. Alternatively, the Labor Law which governs employment in the private sector prohibits Corporate Individuals from accepting any commission, gift or personal benefit for carrying his job duties without the consent of the employer under Article 72(4). In the context of the banking sector, Rulebook volume 1 and volume 2, issued by the Central Bank of Bahrain prohibits the bank employees to accept and/or to offer a bribe.
Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years?	There are no specific anti-bribery laws in Bahrain. However, there are specific corruption laws that were enacted/amended in Bahrain in the last ten years such as: Legislative decree No. (49) of 2010 with respect to amending certain provisions of the Financial Audit Court Law promulgated by legislative decree No. (16) of 2002. Law No. (32) of 2010 with respect to Financial Disclosure
Is a bribe payment to domestic government officials prohibited by the legislation?	Yes, Article 190 of the Penal Code suggests that anyone who offers to a Public Servant a gift or any benefit of any kind in exchange of the omission or performance of an act in violation of the rules of the public office shall be punished with detention for a period not less than a year. In cases where the performance or omission of the Public Servant does not violate the rules of the public office, the detention shall be for a period not exceeding one year. The abovementioned criminal penalties will apply upon the mere “offering” to a Public Servant gifts or other benefits, without the requirement of the Public Servant accepting such bribe.
Is a bribe payment to foreign government officials prohibited by the legislation?	Yes, offering a gift or any benefit to a foreign government official is prohibited under Article 190(bis) of the Penal Code. The aforementioned article suggests that anyone who offers to a foreign government official a gift or any kind of benefit whether directly or indirectly, in exchange of the omission or performance of an act in order to obtain a commercial project or maintain the same or for the sake of any other benefit relating to initiating an international project, shall be punished with detention for a period not less than one year. Having explained the above, it may be worth noting that in the banking sector bank employees may use small 'gifts' as an inducement to members of the public to use banks' services, provided such gifts are offered on a general basis and have a low monetary value.
Is requesting or accepting a bribe prohibited by the legislation?	Yes, the prohibited on requesting or accepting a bribe by Public Servants is covered in the Penal Code under Articles 186,188 and 189 respectively. The aforesaid articles outline the prohibitions and set out the punishments for requesting or accepting a bribe for: Omitting or performing an act in the course of discharging the Public Servant’s duties; Completing or failing to complete an act in the course of discharging the Public Servant’s duties; Omitting or performing an act which is not in the course of discharging the Public Servant’s duties or; Omitting or performing an act which the Public Servant wrongfully believes that the said duties are within the duties of his office. Using influence and authority for obtaining or attempting to secure from any public authority any business, decisions, judgments, licenses or any privilege of whatsoever kind. Alternatively, the prohibition on requesting or accepting a bribe in relation to Corporate Individuals is covered under Article 72(4) of the *Labor Law* which sets a general prohibition on Corporate Individuals to accept any gift or benefit without the consent of their employer, as well as under Articles 418, 419 and 420 of the *Penal Code* which outline the prohibitions and set out the punishment for requesting or accepting bribe in the following manner: Omitting or performing an act in the course of discharging the Corporate Individual’s duties; Completing or failing to complete an act in the course of discharging the Corporate Individual’s duties; Omitting or performing an act which is not in the course of discharging the Corporate Individual’s duties or; Omitting or performing an act which he wrongfully believes that the said duties are within the duties of the Corporate Individual’s office.
Who is subject to the legislation?	The scope of legislation covers Corporate Individuals which includes employees, members of the board of directors and members of the board of trustees, as well as Public Servants who serve in public offices.
Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?	The criminal penalties outlined under the Penal Code are personal. The law does not address criminal liabilities or penalties that are applicable to the corporate entities.
What is the penalty for individuals violating the law?	Generally, criminal penalties for bribery as per the penal code include: Detention/imprisonment ranging from less than 1 year to 10 years for bribery offenses in relation to Corporate Individuals; Detention/imprisonment ranging from less than 1 year to 15 years for bribery offenses in relation to Public Servants; Fine of not less than 500 Bahraini Dinars but not exceeding 10,000 Bahraini Dinars in relation to Corporate Individuals Fine equal to what has been demanded, accepted, promised or offered provided it will not be less than 500 Bahraini Dinars in relation to Public Servants.
Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law?	N/A, please see the answer to "Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?".
Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense?	N/A
Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities?	N/A

Lex Mundi Global Anti-Corruption Compliance Guide

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What is the key anti-bribery and corruption legislation in your jurisdiction?

There is currently no specific law governing anti-bribery and corruption as such. However, there are provisions that govern anti-bribery and corruption under other laws such as:

Bahrain Penal Code promulgated by Amiri Decree No. (15) Of 1976, as amended (the “Penal Code”)
Prime Ministerial Edict No. (51) Of 2012 Issuing the Implementing Regulations of the Civil Service Law promulgated by Virtue of Legislative Decree No. (48) of 2010 (“Implementing Regulation”)
Law No. (36) of 2012 promulgating Labor Law for the Private Sector (“Labor Law”)

The crime of bribery is covered under the Penal Code for workers in the public sector/government (“Public Servants”) and employees of the private sector (“Corporate individuals”). The Penal Code is the main legislation that sets out the criminal penalties and sanctions in Bahrain.

In addition, the Implementing Regulation which is applicable to the public sector sets a prohibition on Public Servants under Article 34(3) on accepting any gift, reward or personal benefit against performing their duties.

Alternatively, the Labor Law which governs employment in the private sector prohibits Corporate Individuals from accepting any commission, gift or personal benefit for carrying his job duties without the consent of the employer under Article 72(4).

In the context of the banking sector, Rulebook volume 1 and volume 2, issued by the Central Bank of Bahrain prohibits the bank employees to accept and/or to offer a bribe.

Has there been a specific anti-bribery and corruption law enacted in your jurisdiction in the last ten years?

There are no specific anti-bribery laws in Bahrain. However, there are specific corruption laws that were enacted/amended in Bahrain in the last ten years such as:

Legislative decree No. (49) of 2010 with respect to amending certain provisions of the Financial Audit Court Law promulgated by legislative decree No. (16) of 2002.
Law No. (32) of 2010 with respect to Financial Disclosure

Is a bribe payment to domestic government officials prohibited by the legislation?

Yes, Article 190 of the Penal Code suggests that anyone who offers to a Public Servant a gift or any benefit of any kind in exchange of the omission or performance of an act in violation of the rules of the public office shall be punished with detention for a period not less than a year.

In cases where the performance or omission of the Public Servant does not violate the rules of the public office, the detention shall be for a period not exceeding one year.

The abovementioned criminal penalties will apply upon the mere “offering” to a Public Servant gifts or other benefits, without the requirement of the Public Servant accepting such bribe.

Is a bribe payment to foreign government officials prohibited by the legislation?

Yes, offering a gift or any benefit to a foreign government official is prohibited under Article 190(bis) of the Penal Code. The aforementioned article suggests that anyone who offers to a foreign government official a gift or any kind of benefit whether directly or indirectly, in exchange of the omission or performance of an act in order to obtain a commercial project or maintain the same or for the sake of any other benefit relating to initiating an international project, shall be punished with detention for a period not less than one year.

Having explained the above, it may be worth noting that in the banking sector bank employees may use small 'gifts' as an inducement to members of the public to use banks' services, provided such gifts are offered on a general basis and have a low monetary value.

Is requesting or accepting a bribe prohibited by the legislation?

Yes, the prohibited on requesting or accepting a bribe by Public Servants is covered in the Penal Code under Articles 186,188 and 189 respectively. The aforesaid articles outline the prohibitions and set out the punishments for requesting or accepting a bribe for:

Omitting or performing an act in the course of discharging the Public Servant’s duties;
Completing or failing to complete an act in the course of discharging the Public Servant’s duties;
Omitting or performing an act which is not in the course of discharging the Public Servant’s duties or;
Omitting or performing an act which the Public Servant wrongfully believes that the said duties are within the duties of his office.
Using influence and authority for obtaining or attempting to secure from any public authority any business, decisions, judgments, licenses or any privilege of whatsoever kind.

Alternatively, the prohibition on requesting or accepting a bribe in relation to Corporate Individuals is covered under Article 72(4) of the Labor Law which sets a general prohibition on Corporate Individuals to accept any gift or benefit without the consent of their employer, as well as under Articles 418, 419 and 420 of the Penal Code which outline the prohibitions and set out the punishment for requesting or accepting bribe in the following manner:

Omitting or performing an act in the course of discharging the Corporate Individual’s duties;
Completing or failing to complete an act in the course of discharging the Corporate Individual’s duties;
Omitting or performing an act which is not in the course of discharging the Corporate Individual’s duties or;
Omitting or performing an act which he wrongfully believes that the said duties are within the duties of the Corporate Individual’s office.

Who is subject to the legislation?

The scope of legislation covers Corporate Individuals which includes employees, members of the board of directors and members of the board of trustees, as well as Public Servants who serve in public offices.

Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?

The criminal penalties outlined under the Penal Code are personal. The law does not address criminal liabilities or penalties that are applicable to the corporate entities.

What is the penalty for individuals violating the law?

Generally, criminal penalties for bribery as per the penal code include:

Detention/imprisonment ranging from less than 1 year to 10 years for bribery offenses in relation to Corporate Individuals;
Detention/imprisonment ranging from less than 1 year to 15 years for bribery offenses in relation to Public Servants;
Fine of not less than 500 Bahraini Dinars but not exceeding 10,000 Bahraini Dinars in relation to Corporate Individuals
Fine equal to what has been demanded, accepted, promised or offered provided it will not be less than 500 Bahraini Dinars in relation to Public Servants.

Assuming corporate entities are liable for violating the legislation, what is the penalty for corporate entities violating the law?

N/A, please see the answer to "Is there criminal liability for corporate entities who have either paid or accepted a bribe payment?".

Assuming corporate entities are liable for violating the legislation, does having a compliance program designed to prevent bribery constitute a defense?

N/A

Assuming corporate entities are liable for violating the anticorruption law, is it possible for a corporate entity to reach a deferred prosecution agreement or leniency agreement with the enforcement authorities?

N/A

Lex Mundi Global Anti-Corruption Compliance Guide

Bahrain

Lex Mundi Global Anti-Corruption Compliance Guide

Bahrain

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