Kuwait Decree-Law No. 2 of 2016 establishing the Anti-Corruption Authority (Nazaha) — who must declare assets, what counts as a corruption offence, illicit enrichment and whistleblower protection

The decree-law has 59 articles; the source records amendments, the latest in 2025. The Authority is supervised by the Minister of Justice and "performs its functions with full independence and neutrality" (Art. 3). Its purposes include implementing the UN Convention against Corruption (Art. 4).

WHO IS COVERED (Art. 2). The law, including the duty to file asset declarations (Art. 30), applies to:
1. the Prime Minister, deputy prime ministers, ministers and officials of ministerial rank;
2. the Speaker, Deputy Speaker and members of the National Assembly;
3. the Supreme Judicial Council, Constitutional Court, Cassation and Appeal judges, judges, prosecutors, and the Fatwa and Legislation Department;
4. the head and members of the Interior Ministry's General Department of Investigations and of Kuwait Municipality's legal department;
5. Ministry of Justice arbitrators and experts, liquidators, judicial custodians, bankruptcy trustees, and real-estate registration and notarial staff;
6. the Municipal Council;
7. councils, bodies and committees with executive functions formed or appointed by law, decree or Cabinet decision;
8. the financial controllers' bureau;
9. "leaders": excellent grade, undersecretaries and assistant undersecretaries; board members, directors-general and secretaries-general of public bodies; department directors and above — including military, diplomatic and civilian staff who hold such responsibilities, permanently or temporarily;
10. Nazaha's own leadership and technical staff;
11. the State Audit Bureau;
12. the State's representatives on the boards of companies in which the State or a public body holds at least 25% directly;
13. boards and financial and administrative controllers of cooperative societies, and sports bodies and clubs;
14. chairs, members and executive directors of charitable and civil-society associations;
15. the legal departments of the Public Institution for Social Security, the Capital Markets Authority, the Insurance Regulatory Unit and the Competition Protection Agency;
16. Customs leadership, inspectors, technical and legal staff and judicial officers.

The Authority, with the bodies concerned, periodically identifies and updates the holders of the covered posts (Art. 2).

CORRUPTION OFFENCES (Art. 22). The law defines corruption offences by reference to existing statutes:
- offences against public funds (Law No. 1 of 1993);
- bribery and abuse of influence (Law No. 31 of 1970);
- money laundering and terrorist financing (Law No. 106 of 2013);
- forgery and counterfeiting, and offences against the administration of justice (Penal Code);
- illicit enrichment under this law;
- customs evasion (GCC Unified Customs Law, Law No. 10 of 2003);
- income-tax evasion (Decree No. 3 of 1955);
- obstructing the Authority;
- competition offences (Law No. 10 of 2007);
- non-disclosure of commissions in State contracts (Law No. 25 of 1996);
- cooperative-society offences (Decree-Law No. 24 of 1979);
- any offence another law designates as corruption.

INVESTIGATION. The Authority collects information on suspected corruption and may examine records, subject to the Central Bank law (Art. 24). It may summon persons (Art. 25). Where it suspects illicit enrichment, it may confidentially request information from individuals and public or private bodies in Kuwait and abroad (Art. 34). Examination committees report likely illicit increases in wealth to the Authority, which refers them to the Public Prosecution (Art. 35). The Public Prosecution alone investigates and prosecutes, subject to the law on the trial of ministers (Art. 27). Declarations and reports are confidential (Art. 29).

ILLICIT ENRICHMENT AND DECLARATIONS. Illicit enrichment is punishable by up to five years' imprisonment and a fine equal to the gain, with confiscation of the gain whether held by the offender, his spouse or his minor children (Art. 48). Conviction entails removal from office and a bar from public office and from election to any representative body, unless the offender is rehabilitated (Art. 49). Anyone else who knowingly benefited faces half the penalty (Art. 50), and the court may join as a party anyone who benefited (Art. 55). Late declarations attract fines (Art. 46); a knowingly incomplete or false declaration, up to three years (Art. 47).

WHISTLEBLOWERS. Reporting corruption is a duty of everyone (Art. 37). The reporter must have serious grounds for believing the report true (Art. 38). Protection runs from the moment of reporting and extends to family and close associates (Art. 40). It covers identity, personal security, and employment and administrative protection (Art. 41). The State compensates reporters for resulting harm (Art. 43). Disclosing a reporter's identity is punishable by up to three years (Art. 51). Retaliatory administrative measures are void and attract discipline (Art. 52). Knowingly false reports are punishable (Art. 53). An accomplice who reports before the offence begins is exempt (Art. 44).

LIMITATION. Criminal proceedings and penalties for the Art. 22 offences are not time-barred (Art. 54).

USE IN A REPORT: Art. 2 is Kuwait's own statutory list of the public functions whose holders must declare their assets. It is a primary reference for identifying domestic politically exposed persons, and for the source-of-funds questions due diligence on them raises. Art. 22 is the reference for whether conduct counts as a "corruption offence" in Kuwaiti law.

SOURCE: the Arabic text was read in full on lawskw.com (Kuwait Laws Portal), a private publisher of consolidated Kuwaiti legislation. The authoritative text is the Official Gazette (Kuwait Al-Youm); gazette numbers and dates above are as shown by the source.

Being in an Art. 2 category is not the same as being a politically exposed person under FATF Recommendation 12 or a particular country's rules. The list is broader in places (for example cooperative-society boards and charities) and narrower in others (for example family members, who are not listed). It is nonetheless the most authoritative Kuwaiti source for which domestic posts the State itself treats as carrying corruption risk, and a sound starting point for a PEP determination.