Skip to main content
Entire section Custom print Text Only Rich Text Print / Save as PDF
Download Original PDF

Article 39

No: 14525 Date(g): 8/11/2017 | Date(h): 19/2/1439 Status: In-Force
Upon request of a competent court or authority in another country which is a signatory with the Kingdom to a valid agreement or on the basis of reciprocity, the competent authority may provide mutual legal assistance in relation to money laundering and predicate offense investigations and prosecutions and procedures, including but not limited to assistance with the tracing, seizure, recovery and confiscation of funds, or proceeds of crime or Instrumentalities related to the Money Laundering Crimes or predict offences, or the controlled delivery, according to laws in force in the Kingdom. The Implementing Regulation shall further prescribe the types of assistance that may be granted, and conditions that must be agreed by requesting country, and the procedures that must be applied.

39/1

The competent authority, including the judicial authority, through the Permanent Committee on Mutual Legal Assistance, may provide mutual legal assistance to a foreign country in any investigation, prosecution or judicial proceeding relating to:

 a.a money laundering or predicate offence;
 b.the determination of whether funds are proceeds of crime or instrumentalities of crime and the tracing of such funds;
 c.a possible confiscation order, whether or not based on an underlying criminal conviction; or
 d.the freezing or seizure of proceeds of crime or instrumentalities.
 

39/2

The competent authorities provide all available power given to implement the following types of mutual legal assistance may be provided:

 A.Providing information, documents, or evidence, including the financial records from financial institutions, designated non-financial business profession, NPOs, or any other person.
 B.The hearing of statements of persons, including hearing statements of person present inside the KSA that could not be present on the territories of a requesting State, with utilization of live visual telecommunication. The hearing shall be agreed upon with a judicial authority of the requesting country in the presence of a judicial authority of the Kingdom. The costs shall be borne by the requesting country unless otherwise.
 C.The full range of powers and techniques, including controlled delivery, covert operations, communication interception and access to automated systems.
 D.Informing related person on the judicial papers and documents, including documents related to testimony.
 E.Inspecting, seizing, and arresting procedures.
 F.Examining objects and visiting sites.
 G.Providing information.
 H.Seeking the help of specialists.
 I.Locating sites, persons connected with the crime and their identities
 J.Providing the original of documents, records, and government papers received from financial institutions, any party, or other companies from the private sector or other ratified pictures of it.
 K.Identifying and tracing the funds subjected to confiscation or that might be confiscated.
 L.Seizing funds in the context of confiscating-based procedures with conviction or without conviction.
 M.Facilitating the voluntary appearance of persons in the requesting countries.
 N.Inform the relevant authority with judicial document.
 

And any other forms of legal assistance that does not contradict with the internal laws of the Kingdom.

39/3

If a foreign country requests a form of assistance not specifically mentioned in this subsection but available under Saudi law for domestic criminal matters, the judicial authority may provide the assistance sought to the same extent and under the same conditions as would be available to competent authorities in a domestic criminal matter.

39/4

Mutual legal assistance may not be refused solely on the grounds that the offense is considered to involve fiscal matters, or based on secrecy or confidentiality provisions.

39/5

Where a request for mutual legal assistance involves non-coercive measures, such assistance may be provided also in the absence of dual criminality. In all other instances, dual criminality is required for mutual legal assistance to be rendered.

39/6

The legal assistance application shall include as much information as possible to facilitate the implementation process, including:

 1.The legal document based on which the application is submitted.
 2.Determination of the authority responsible for investigations, prosecutions or proceedings related to the application, communication channels with all the persons able to respond to the inquiries related to the application and description of the criminal incident, its conditions and circumstances.
 3.Description of the required assistance and the measures to be taken, as well as all the requirements that the applying State wishes to meet.
 4.If the application is related to the inspection of a place, attachment or confiscation of assets, it shall include a precise description thereof, including providing the widest range of accurate information on the targeted funds, such as the type, amount, and location, as well as the owner of the funds, provide the available information, such as the account number, the securities number, or the real estate number and the car.
 5.Determination of the required time for the application shall be implemented, if necessary.
 6.A certified copy of the judicial order or judgment rendered by the competent Court shall be submitted when necessary.
 7.Enclosing a written undertaking by the applying State to preserve the confidentiality of information or evidence provided upon implementation of the application, and that the submitted information or evidence will not be used for other than the purposes stated in the application, unless prior approval is obtained from the Committee.
 8.The applying State shall submit any additional information or documents that the Committee deems necessary to implement the application or facilitate the implementation thereof.
 

39/7

The Competent authorities may undertake the following:

 A.Coordinating and understanding with the competent authorities of the country concerned to allow the proper use of the method of controlled delivery of funds across the Kingdom to expose persons involved in the commission of crimes and their contributors, subject to the provisions of the laws, regulations and instructions in force in the Kingdom.
 B.Applications for the controlled delivery of funds must be in writing, and the competent authorities in the Kingdom shall take the decisions to respond to them on a case-by-case basis. The requesting country shall include the willingness to provide assistance to the Kingdom in such a request as may be required.
 C.It may be agreed with the interested parties of other States to inspect and verify the consignments agreed upon for the controlled delivery and then allow them to proceed.
 D.In the controlled delivery and after agreement with the parties concerned in other country, the agreed funds may be exchanged for similar materials for fear of leakage during transport.