Rules against bribery tightened in Oman

Muscat: Oman has introduced significant legal reforms aimed at combating bribery by extending criminal liability to the private sector. The changes were issued under Royal Decree No. 36/2023, marking a notable expansion of the country’s anti-corruption framework.

The amendments add a new chapter to the Penal Code specifically addressing bribery offenses committed within private companies, institutions, and international organizations operating in the Sultanate. As part of the decree, Article 146 of the Labor Law has been repealed, along with any provisions that conflict with the new amendments.

Under the new provisions, the law now applies to employers, members of boards of directors, and employees in the private sector. The legislation criminalizes the act of requesting or accepting gifts, promises, or any form of benefit—whether directly or indirectly—in exchange for performing or refraining from performing duties. Importantly, the provisions distinguish between acts that violate job duties and those that fall within the scope of an employee’s responsibilities, with stricter penalties applied in both situations.

The penalties introduced are substantial. Individuals who accept or request a bribe in breach of their job duties face imprisonment ranging from one to three years, along with a fine not less than the value of the benefit received or promised. In more serious cases, where the act involves performing or refraining from duties that fall within the employee’s role, imprisonment increases to a minimum of three years and may extend up to five years, in addition to financial penalties.

The law also targets those who offer bribes, even if the offer is rejected. Anyone who attempts to bribe an employer, board member, or employee can face imprisonment for a period of no less than three months and up to one year. Furthermore, intermediaries involved in facilitating bribery transactions are subject to the same penalties as the primary offenders.

At the same time, the amendments include provisions designed to encourage reporting of corruption. A briber or intermediary may be exempt from punishment if the offense is reported to the authorities before it is discovered. If the individual confesses after the crime has been uncovered, the court may consider this confession as a mitigating factor when determining the penalty.