Enforcement and Financial Penalties
Violations and Disputes
Penalties
Instructions for Publishing Sanctions
Based on the powers vested to SAMA under the Finance Companies Control Law issued by Royal Decree No. M/51 dated 13/08/1433H and its implementing regulations, and in light of SAMA's supervisory and regulatory role over the financial institutions under its supervision, and with a view to applying the principles of justice and transparency to enhance confidence in the financial sector, and to enable data users and decision-makers, including shareholders, investors, creditors, and customers, to access information on penalties imposed by SAMA for violations of regulatory and supervisory instructions, the following is established:
- Paragraph (1) of Article (72) of the Implementing Regulations of the Finance Companies Control Law states: "Financing companies must provide SAMA with their annual financial statements, the auditor’s report, and the Board of Directors' report at least five working days before their publication date."
- Article (73) of the Implementing Regulations of the Finance Companies Control Law states: "Without prejudice to the requirements of other applicable regulations, the financing company shall establish its own website on the global information network (Internet) to publish... 4. The Board of Directors' report."
Therefore, the following must be adhered to:
First: Financing and refinancing companies must publish in their annual Board of Directors’ reports the violations for which executive decisions have been issued by SAMA under the section titled "SAMA Executive Decisions", This should include violations from the current fiscal year as well as from the previous fiscal year. The publication should cover the subject of the violation, the number of executive decisions (including both financial and non-financial penalties), and the total amounts of financial penalties in Saudi Riyals, according to the format provided in the explanatory table below:
Subject of the Violation
Previous Fiscal Year* Current Fiscal Year Number of Executive Decisions Total Amount of Financial Penalties in Saudi Riyals Number of Executive Decisions Total Amount of Financial Penalties in Saudi Riyals Violation of SAMA Supervisory and Regulatory Instructions
Violation of SAMA Instructions on Customer Protection
Violation of SAMA Instructions on Due Diligence in Anti-Money Laundering and Counter-Terrorism Financing
3 1,500,000 - - 5 250,000 6 300,000 - - - - * The date of the letter notifying the executive decision should be the basis for the publication process.
Second: The subjects of violations should be categorized as follows:
- Violation of SAMA Supervisory and Regulatory Instructions.
- Violation of SAMA Instructions on Customer Protection.
- Violation of SAMA Instructions on Due Diligence in Anti-Money Laundering and Counter-Terrorism Financing.
Please note that SAMA will compare the violations reported in the annual Board of Directors’ reports of financing and refinancing companies with those recorded in its own records. SAMA will publish the violations on its official website and will take legal actions in case of non-compliance with these instructions.