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New Omani Penal Code: Key Implications for International Business

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This comprehensive text discusses the new Omani Penal Code and its implications for international business.

Anti-Corruption Provisions

Prohibitions Against Bribery

• The Penal Code includes provisions against bribery, with penalties for seeking and accepting bribes as well as offering a bribe to a public official.
• Any benefit provided with the intent to illegitimately influence the recipient may be considered a bribe.

Consequences of Non-Compliance for Companies

Corporate Liability

• Legal persons (companies) can be held criminally liable for offences committed by their representatives, directors, or agents acting on their behalf.
• Corporate liability triggers the need for due diligence on external representatives, sub-contractors, and agents.
• Companies should conduct compliance audits in the organisation of contracting parties with sufficient access to records.

Transnational Organised Crime

Penalties and Consequences

• The Penal Code includes a separate chapter dedicated to transnational organised crime.
• Participation, incitement, or assistance regarding the activities of an organised criminal group can result in severe penalties.
• Establishing an organised criminal group may result in imprisonment of five to ten years.

Significance for International Business

Implementing Compliance Policies

• Businesses with operations in Oman should pay attention to implementing proper compliance policies to prevent corporate crime and conflicts of interest.
• Transparency, diligent documentation, compliance training, and regular audits are essential to nurture a compliance culture.
• Extending certain compliance obligations to contracting parties is highly recommended.