VI. Supervision
Article 24
Supervisory authorities shall have the following powers and duties to carry out their mandate:
a. Collect information and other data from FIs, DNFBPs, and NPOs as well as applying appropriate supervisory measures, including on-site inspections and offsite measures; b. Compel FIs, DNFBPs, and NPOs to provide any information that the supervisory authority considers relevant to carry out its function under this Law and its Implementing Regulation, and take copies of documents and files, however and wherever stored; c. Carry out an anti-money laundering risk assessment for the sectors for which the authority has a supervisory mandate; d. Issue guidance, decisions and instructions, rules or any other instruments to FIs, DNFBPs, and NPOs in order to implement the provisions of this Law. e. Cooperate and Coordinate with competent authorities when sharing available or accessible supervisory information that is relevant to anti-money laundering supervision with any foreign counterpart, or carry out inquiries on behalf of any foreign counterpart, or request any such information or cooperation from a foreign counterpart; f. Verify that FIs, DNFBPs, and NPOs adopt and enforces measures consistent with this Law in relation to its foreign branches and majority owned subsidiaries to the extent permitted by the laws of the foreign country; g. Establish and apply effective fit and proper screening procedures for any person aiming to participate in the management or supervision of FIs, DNFBPs, and NPOs or for any person aiming to own or control, directly or indirectly, or becoming a beneficial owner of significant shares; h. Maintain statistics concerning any measure adopted and sanction imposed; 24/1
A supervisory authority may exchange the following information with foreign counterparts where such information is requested by the foreign counterpart for anti-money laundering purposes:
a. regulatory information and general information on the financial sector; b. prudential information such as information on a financial institution or designated non-financial business and profession ’s business activities, beneficial ownership, management and the fit and properness of any managers, directors, shareholders or beneficial owners; and c. Other relevant information such as on the internal policies, controls and procedures of a financial institution or designated non-financial business and profession, customer due diligence information, customer files, samples of accounts and transaction information.
24/2
Where a supervisory authority obtains information from a foreign counterpart, the supervisory authority shall obtain authorization from the foreign counterpart prior to any dissemination or use of the information received. And where a supervisory authority is obliged of declaration or reporting of information, then it shall inform the counterpart of this obligation.
24/3
A supervisory authority may apply supervisory measures on behalf of foreign counterparts and, as appropriate, facilitate the ability of the foreign counterpart to carry out consolidated group supervision.
24/4
A supervisory authority may exempt a specific category of reporting entities from the requirement in Article 5 of the Law to carry out an institutional risk assessment, if the supervisory authority has confirmed that the identified risks of the sector are clear and understood, or that a specific activity carried out by the financial institution or designated non-financial business and profession is of a low risk.
24/5
A supervisory authority may instruct a financial institutions or designated non-financial business and professions to take certain measures in relation to foreign branches and majority-owned subsidiaries that pose a higher risk, including placing additional controls on the branch or majority-owned subsidiary or the financial group, or requesting the financial group to close down its operations in the host country.
24/6
A financial institution or designated non-financial business and profession shall comply with any instructions, rules, guidelines or any other instruments issued by a supervisory authority, including an order under Article 24 (b) of the Law to provide any information as specified by the supervisory authority.
Article 25
Without prejudice to any stricter sanctions and subject to the procedures provided for in other laws, if the supervisory authority find that FIs, DNFBPs, and NPOs or any of their directors, board members, executive or supervisory management members failed to comply with any provision of this Law, its Implementing Regulation or relevant decisions or circulars, or any violation referred from other competent authority, the supervisory authority may impose one or more of the following measures:
1. Issue a written warning; 2. Issue an order to comply with a specific instruction; 3. Issue an order to provide regular reports on the measures taken to address the identified violation; 4. Impose a monetary fine of up to 5.000.000 riyals per violation; 5. Ban individuals from employment within the sectors for which the supervisory authority has competences for a period to be determined by the supervisory authority; 6. Restrict the powers of directors, board members, executive or supervisory management members, and controlling owners, including appointing one or more temporary controllers; 7. Dismiss or replace the directors, members of the Board of Directors or of executive or supervisory management; 8. Suspend, restrict or prohibit the continuation of the activity, business or profession or of certain business activities or products; 9. Suspend, restrict or revoke the license; The supervisory authority should inform the General Director of Financial Intelligence about the actions taken or imposed sanction.