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Country Review Report of

The Sultanate of Oman

Review by Saudi Arabia and Kiribati of the implementation by

Oman of articles 15 42 of Chapter III. Criminalization and

law enforcement and articles 44 50 of Chapter IV.

International cooperation of the United Nations Convention

against Corruption for the review cycle 2010 - 2015

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I. Introduction

1. The Conference of the States Parties to the United Nations Convention against Corruption was established pursuant to article 63 of the Convention to, inter alia, promote and review

the implementation of the Convention.

2. In accordance with article 63, paragraph 7, of the Convention, the Conference established at its third session, held in Doha from 9 to 13 November 2009, the Mechanism for the

Review of Implementation of the Convention. The Mechanism was established also

pursuant to article 4, paragraph 1, of the Convention, which states that States parties shall

carry out their obligations under the Convention in a manner consistent with the principles

of sovereign equality and territorial integrity of States and of non-intervention in the

domestic affairs of other States.

3. The Review Mechanism is an intergovernmental process whose overall goal is to assist States parties in implementing the Convention.

4. The review process is based on the terms of reference of the Review Mechanism.

II. Process

5. The following review of the implementation by Saudi Arabia and Kiribati of the Convention is based on the completed response to the comprehensive self-assessment

checklist received from Oman, and any supplementary information provided in

accordance with paragraph 27 of the terms of reference of the Review Mechanism and the

outcome of the constructive dialogue between the governmental experts from Saudi

Arabia, Kiribati and Oman, by means of telephone conferences and e-mail exchanges in

accordance with the terms of reference and involving from Oman: from the Council of

Administrative Affairs for the Judiciary: Sheikh Dr./ Khalil bin Hamad Al Bousaidi, from

the Public Prosecution: Assistant Attorney General/ Nasser bin Abdullah Al Riyami,

Assistant Attorney General/ Saeed Bin Mohammed Al Kalbani, Assistant Attorney

General/ Ahmed bin Saeed Al Shukaily, from the State Audit Institution: Senior

supervisory expert/ Mohammed bin Khamis AL Hajri, Senior supervisory expert Sheikh/

Abdullah bin Nasser Al Nadabi, Senior supervisor/ Abdul Jalil bin Majid Al Farsi, Senior

supervisor/ Abdullah bin Khalfan Al Abri, from the Royal Oman Police: Lt. Colonel/

Khalifa bin Hamed Al Farii, from the Ministry of Foreign Affairs: Minister

Plenipotentiary/ Yousef Bin Abdullah Al-Afifi, from the Ministry of Justice: Chancellor

Dr./ Mohammed bin Suleiman Al-Rashidi, Dr./ Ibrahim bin Yahya Al Abri, from the

Ministry of Legal Affairs: Senior Assistant Counsel/ Ahmed bin Khalifa Al Hosni, Senior

Assistant Counsel/ Ahmed Bin Ali Bani Araba, from the Ministry of Interior: Mr./ Talal

bin Ahmed al-Saadi; from Saudi Arabia: from the Ministry of Interior: Legal Advisor/

Dhafer Kharsan, Legal Advisor/ Turki Altamimi, from the Bureau of Investigation and

Public Prosecution: Investigator/ Ali Algarni, from the National Anti-corruption

Commission: Legal Advisor/ Abdullah Alforihi; from Kiribati: from the Attorney

Generals Office: Director of Public Prosecution/ Pauline Beiatau; and from the

Secretariat: Mr. Badr El Banna and Ms. Tanja Santucci.

6. A country visit, agreed to by Oman, was conducted in Muscat from 27 April to 1 May 2015.

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III. Executive summary

1. Introduction: Overview of the legal and institutional framework of Oman in the

context of implementation of the United Nations Convention against Corruption

Oman acceded to the Convention by Royal Decree No. 64/2013 of 20 November 2013,

published in the Official Gazette No. 1035 of 24 November 2013. Oman deposited its

instrument of accession to the Convention with the Secretary-General of the United Nations

on 9 January 2014

Oman's legal system is based on the Royal Laws and Decrees issued by His Majesty the

Sultan and which are based on the Basic Law of the State. The laws are issued by Royal

Decrees after the approval of the Council of Oman (the Council of State and the Consultative

Council). Regulations and decisions are issued by the State's administrative departments,

each one in its respective areas of competence.

Oman follows the civil law system. The anti-corruption framework comprises provisions from

several laws, notably the Criminal Code (CC), the Code of Criminal Procedure (CPC), the

Law on the Protection of Public Funds and the Avoidance of Conflict of Interests and the

Anti-Money Laundering and Terrorism Financing Law (AML Law).

With respect to international law, conventions and agreements come into force after their

ratification by His Majesty the Sultan and are part of the law of the country, in accordance

with Articles 76 and 80 of the Basic Law of the State.

Courts are divided into criminal and civil courts, at two levels, trial and appeals, and

superseded by the Supreme Court. Criminal proceedings follow the accusatory system and

consist of the investigation phase and the oral trial.

Oman has several anti-corruption authorities and bodies. Relevant institutions in the fight

against corruption include the State Audit Institution (SAI), the Department of Public

Prosecution for Public Funds Crimes, the Financial Intelligence Unit (FIU) in the Royal

Omani Police and the Department for the Fight against Economic Crimes in the General

Administration of Criminal Investigations within the Royal Omani Police.

2. Chapter III: Criminalization and law enforcement

2.1. Observations on the implementation of the articles under review

Bribery and trading in influence (arts. 15, 16, 18 and 21)

Article 155 of the CC criminalizes the acceptance of bribes by an official to perform, to

refrain from performing or to delay the performance of a legal act within his or her duties.

This article does not cover the solicitation of bribery.

Article 156 criminalizes the solicitation or acceptance of bribes by an official, in order to

commit an act contrary to his or her functions or to refrain from an act within his or her

duties. The sentence for articles 155 and 156 includes the briber and the intermediary if they

commit such acts, which covers indirect bribery.

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Article 157 criminalizes the acceptance of bribes by officials following the completion of the

act expected by the briber.

Article 158 of the CC criminalizes the bribery of an official in case of refusal of the bribe.

Omans legislation does not criminalize the bribery of foreign public officials or officials of

public international organizations (active or passive).

Article 7 of the Law on the Protection of Public Funds and the Avoidance of Conflict of

Interests criminalizes the abuse by a public official of his or her position or functions to

obtain a benefit for himself or herself or for another person, or the abuse of his or her

influence to facilitate for another person the obtention of a benefit or a privileged treatment.

This article applies to the solicitation or acceptance of bribes by an official in order to abuse

his or her influence, even when such influence is supposed. In this case, the briber is

sanctioned based on the provisions of article 93 of the CC (instigation) even when the offer is

refused. Omans legislation does not cover active and passive trading in influence of persons

other than officials.

Oman does not criminalize bribery in the private sector.

Money-laundering, concealment (arts. 23 and 24)

Oman criminalizes the laundering of proceeds of crime, pursuant to article 2 of the AML

Law. Article 5 of the AML Law criminalizes the different aspects of criminal participation as

well the attempt.

Oman adopted the all-offences approach; according to article 1 of the AML Law, predicate

offences include any act in violation of the law in Oman that allows its perpetrator to obtain

criminal proceeds.

Predicate offences do not explicitly cover offences committed outside Oman. The AML Law

doubles the sanction in case of self-laundering.

Article 97 of the CC criminalizes as a separate offence the concealment of proceeds of a

crime or felony without prior agreement. In case of prior agreement, article 95 is applicable

and the person who concealed the proceeds of crime is prosecuted as a secondary assistant in

the original offence.

Embezzlement, abuse of functions and illicit enrichment (arts. 17, 19, 20 and 22)

Article 159 of the CC criminalizes the embezzlement by a public official of anything entrusted

to him by virtue of his or her position. Article 7 of the Law on the Protection of Public Funds

and the Avoidance of Conflict of Interests is applicable when a public official diverts such

assets.

The same article 7 criminalizes the abuse by a public official of his or her position or

functions to obtain a benefit for himself or herself or for another person. Article 161 of the

CC criminalizes the abuse by a public official of the powers of his or her functions to co