In business, gifts and hospitality can be a perfectly normal way to show respect and maintain relationships, a simple gesture of appreciation. The vicious circle only starts when the question quietly changes from “is this courteous?” to “what if it’s seen as a shortcut, not a courtesy?” Not because every gift is suspicious, but because a loose or overly casual approach can unintentionally drift into territory the law treats as a crime.
Legally, the core idea is simple: a bribe is not defined by its packaging, value, or “custom”, it is defined by purpose and linkage. The UAE Penal Code criminalises requesting, accepting, promising, offering, or granting an unentitled gift/benefit (directly or indirectly, for oneself or for another) in return for doing or refraining from doing something that falls within the person’s duties or constitutes a breach of them, and importantly, that link can exist even if the gift is given after the act. It also captures “trading in influence” (real or alleged) to obtain an unentitled advantage from a public authority or an entity under its supervision, and it closes a common loophole: the middleman who facilitates the offer/request/acceptance/promise is not a neutral messenger, intermediary conduct itself carries liability.
In practice, what matters is that the recipient is someone whose position gives them a role, influence, or discretion connected to the outcome; that what is offered is not legitimately due; and that it is exchanged as the “price” of an act, an omission, or an exercise of influence. This is where criminal intent quietly enters the picture: the issue is not the gesture itself, but the underlying understanding, explicit or implied, that the benefit is meant to steer behaviour or secure a particular result. And because the law looks at substance over form, the link does not vanish simply because the benefit is routed through a third party, framed as hospitality, or handed over later; if it is part of the same story, it can still be treated as part of the offence.
When these issues reach the courts, the discussion is usually less dramatic than people imagine. It often turns on practical indicators rather than headlines: timing, role, discretion, the route of the benefit, and whether there was any attempt to hide or re-label what happened. In one Court of Cassation ruling addressing the offence of offering a gift/advantage to a public servant even if not accepted, the Court underscored that a key element is the public servant’s competence in relation to the act sought, and that this competence is a cornerstone of the offence that must be established clearly when disputed. It is sufficient that the employee has a share that allows them to carry out the requested act, or at least a connection to it.
That is why internal controls matter, not to kill good manners, but to keep the business protected and consistent. In reality, a company is often judged by what its people do in its name, and a “personal favour” can quickly become a corporate exposure. A sensible framework needs more than a policy on paper: it should set clear guardrails (what is never acceptable), simple approvals for anything sensitive, a transparent register, and extra caution where third parties are involved (agents, consultants, introducers), alongside a risk-based approach that identifies higher-risk functions and relationships and gives them closer training, monitoring, and escalation support before anything spirals. Done properly, these controls create one clear standard for everyone, so decisions stay consistent, expectations are managed, and no one is left improvising under pressure.
So the takeaway isn’t “panic” … it’s design with care. A gift policy is not a poster on the wall; it is a practical governance tool designed to preserve legitimate hospitality while drawing clear boundaries around what the law will not tolerate. It should fit your business reality (not a generic template), be taught in plain language, and be monitored in how it’s actually used, especially around sensitive moments where discretion, approvals, or relationships are in play. And when something feels grey, treat that feeling as a signal: pause, document, escalate, and take advice early while the story is still clean. The aim is simple: keep hospitality as hospitality, gratitude as gratitude, and stop “what if” from quietly turning into “why did we do that?”
Disclaimer
The content provided in this article is intended for informational purposes only and does not constitute legal advice. While every effort has been made to ensure the accuracy and completeness of this information, the article does not offer a guarantee or warranty regarding its content. The matters discussed in this article are subject to interpretation, and legal outcomes may vary based on specific facts and circumstances. We recommend that readers seek individual legal counsel before making any decisions based on the information provided. If you require specific legal advice, please contact us directly.