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  • Instructions on Providing Government and Non-Government Entities with Documents, Information and Data of Customer Bank Accounts

    No: 391000079052 Date(g): 29/3/2018 | Date(h): 12/7/1439Status: In-Force

    Translated Document

    Given that banking confidentiality is a fundamental principle in banking operations worldwide, and due to its importance as a cornerstone of the banking sector's reputation and the enhancement of trust among its clients, the regulations in the Kingdom have accorded it the utmost importance. Referring to SAMA’s Circular No. (371000018717) dated 14/2/1437H, which emphasizes the instructions on banking information confidentiality and the prohibition of disclosing customer data without obtaining SAMA's non-objection, and with the aim of clarifying the procedures and mechanisms that banks, financial institutions, and licensed exchange operators in the Kingdom should follow concerning repeated requests and inquiries in this regard.

    You will find the instructions governing the cases in which banks, and licensed money changers are prohibited from directly disclosing customer data and information to entities without obtaining SAMA's non-objection, as well as the cases in which direct disclosure to entities is allowed without referring to SAMA or obtaining prior non-objection.

    For your information, and to inform all relevant departments and branches to act accordingly.

    • First: Cases in which Banks, and Licensed Money Changers are Prohibited from Directly Disclosing to Government and Non-Government Entities

      Several regulations and guidelines have authorized certain entities to request information, documents, or disclosure of customer banking relationships and accounts. However, they require that such requests be submitted through SAMA. These are as follows:

      1- Criminal Cases: Article (58) of the Implementing Regulations of the Law of Criminal Procedure issued by Minister Council Decision No. (142) dated 21/3/1436 H specifies the competent authority for requesting such information. It states: "Seizure of funds and bank balances and inquiries thereon during the investigation stage shall be pursuant to a request submitted to the Saudi Central Bank by the head of the Bureau branch in the province or by an authority having the power to submit such request.

      2- Civil Cases: The specialized judicial authorities are responsible, based on the Enforcement Law issued by Royal Decree No. (M/53) dated 13/8/1433H and its Implementing Regulations, and the Law of Civil Procedures issued by Royal Decree No. (M/1) dated 22/1/1435H. These laws grant judicial authorities various powers in this regard through a request directed to SAMA.

      This has been previously confirmed by the written telegram circular issued by His Royal Highness the Minister of Interior, No. (89853) dated 30/6/1436H, which emphasizes that requests for information, documents, disclosure of banking relationships and accounts, or their seizure must be made through SAMA upon request from the Public Prosecution in criminal cases or from judicial authorities in civil cases.

      3- Powers granted to certain other government entities under their regulations: Some other public entities' regulations include exceptional powers to request specific information about certain bank customers and licensed Money Changers in the Kingdom who are relevant to their activities. Requests for such information must follow the same procedures as those for criminal and civil cases, meaning they should be made through SAMA and with its approval based on objective criteria (facts and circumstances) provided.

      Therefore, banks, and licensed Money Changers in the Kingdom, when receiving a direct request from government or non-government entities related to the above-mentioned cases, must respond in writing by declining to fulfill the request. The response should reference the number and date of SAMA's instructions and clarify that such requests should be made through SAMA, either upon request from the Public Prosecution in criminal cases or from the competent judicial authorities in civil cases. For requests from authorized government entities, they should be submitted directly to SAMA (attached is Guideline Template for Responding to entities).

    • Second: Specific Cases and Entities for which Banks, and Licensed Money Changers are Allowed to Directly Disclose Information, Data, Documents, or Banking Relationships and Accounts without Needing to Obtain a Non-objection Letter from SAMA

      Notwithstanding what is mentioned in clause (First) above, and in accordance with the special instructions issued by SAMA to banks, and licensed money changers, and based on the contractual relationships between entities, banks, money changers and their clients, the following cases are exceptions where information, documents, data, and banking relationships and accounts may be disclosed directly without needing SAMA's non-objection. These cases are exhaustive and include:

      1. Requests received directly from the General Directorate of Financial Intelligence at the Presidency of State Security, based on the provisions of the Anti-Money Laundering Law or the Law on Combatting the Financing of Terrorism, for providing information, data, and documents related to a suspicious transaction report previously sent by the bank, or licensed money changer. The requested data, information, and documents should be limited to what is specified in the report.

      2. Requests received directly from judicial authorities regarding lawsuits in which the bank, or licensed money changer is a party (plaintiff or defendant). The information or documents provided to the judicial authorities should be limited to what is necessary for the case and should not extend to disclosing data or information about other clients (parties) who are not involved in the lawsuit.

      3. Requests received directly from government and non-government entities regarding information, documents, and data related to their own accounts and transactions with the bank, or licensed money changer. The request must be signed by the authorized individuals managing the entity's accounts or by the highest responsible official in the entity, in accordance with the contractual relationship provisions.

      4. Requests received directly from the Public Prosecution and security agencies and their branches for providing video recordings from ATMs located outside branch locations, outside the main office, or regional offices, or from their external facades (for transactions that have not exceeded twelve months from the date of execution).

      5. Requests received directly from the Public Prosecution and security agencies and their branches for providing video recordings from cameras located on the external facades of branch locations, the main office, and regional offices, which capture only the exterior surroundings of the building, for transactions that have not exceeded twelve months from the date of execution.

    • Third: Compliance with the Provisions of These Instructions and Not Exceeding Them

      1. Banks, and licensed money changers must designate a department at their head office to handle the requests mentioned above. They must also have internal audit prepare an annual report detailing the number and types of cases and entities dealt with in accordance with these instructions.
      2. SAMA emphasizes that the disclosure or misuse of customer information—beyond the mechanisms and procedures outlined in these instructions—is considered a criminal act under the Banking Control Law and is subject to legal penalties. Banks, and money changers must continuously ensure that their staff is aware of this and monitor compliance with these instructions.
    • Guideline Template for Appropriate Responses to the Cases in Item First

      Subject: Request for Banking Information

       

      Dear/Respected Sir/Madam,                                                                                                                       

      The name of the entity to which the response is directed: ____________________

      Peace be upon you and the mercy of Allah and His blessings,

      Subject: Request for Banking Information.

      We refer to your letter No. ..................... dated ..................... (regarding the request for (information/documents ..................... as requested) concernin/.................., ID Number (.....................).

      We would like to inform you that the instructions communicated by the Central Bank under Circular No. (.....................) dated ....................... stipulate that Article (58) of The Implementing Regulations of the Law of Criminal Procedure states that "Seizure of funds and bank balances and inquiries thereon during the investigation stage shall be pursuant to a request submitted to the Saudi Central Bank by the head of the Bureau branch in the province or by an authority having the power to submit such request." Additionally, the provisions of the Enforcement Law and its Implementing Regulations, as well as The Law of Civil Procedure, grant judicial authorities the power to request disclosure of banking relationships and information concerning bank clients and their seizure through the Saudi Central Bank. Furthermore, the telegram from His Royal Highness the Minister of Interior, No. 89853 dated 30/6/1436H, confirmed that requests for information, documents, disclosure of banking relationships and accounts, or their seizure must be made through SAMA upon request from the Public Prosecution in criminal cases or from judicial authorities in civil cases. Requests from other government entities authorized under their regulations for information not related to criminal or civil cases must be made directly from the entity itself to the Central Bank, provided that the request is relevant to the entity's activities and based on objective and substantiated facts and circumstances.

      Therefore, we kindly request your attention to the fact that providing the requested (information/documents) will be in accordance with the aforementioned instructions.

      Please accept my sincere regards

      Signature………………………..