Article 40
| No: 14525 | Date(g): 8/11/2017 | Date(h): 19/2/1439 | Status: In-Force |
| A final judgment providing for the confiscation of funds, proceeds or instrumentalities related to a money laundering or predicate offense issued by a competent court in another country which is a signatory to a valid agreement with the Kingdom or on the basis of reciprocity, may be acknowledged and enforced in the Kingdom if the funds, proceeds or instrumentalities subject of the judgment can be confiscated, in accordance with laws applicable in the Kingdom. |
40/1
Requests for the execution of foreign confiscation orders or rulings, issued by the competent authority or court in the requested country, shall be executed according to the competent law of the kingdom. Any ruling intended to be recognized and executed shall include the following document and information:
| a. | An official copy of the ruling issued, and a copy of the law on which the confiscation order is based, and certificate on the ruling stating that the ruling is final , and issued by the competent judicial authority in the requesting country; | |||
| b. | The person involved in the case has been called to attend, and has been represented rightly, and able to defend himself; | |||
| c. | The ruling does not conflict with any ruling or order issued in the same subject from competent court in the kingdom, provided that no ongoing trail in the kingdom on the subject ruled by the requesting country; | |||
| d. | The ruling does not contain any provision not applicable to general law, and Sharia law in the kingdom; | |||
| e. | A statement that includes the procedures and measures taken by the requesting countries to protect the persons of good will. | |||
| f. | A description of the funds that the request is issued for in accordance to this article, estimation of their value, their possible location, and information about any person who keeps them or has them in his possession. However, the requesting countries shall provide a statement about the facts that the request is based on. | |||
| g. | The order of confiscation issued by the Kingdom determines how to preserve and manage confiscated funds. It is permissible to the competent court to request the hiring of a judicial guard, if needed, in which his expenses are deducted from the value of the funds he’s guarding. | |||
40/2
In case of the received requests, where the perpetrator of the crime cannot be prosecuted because of death, escape, absence, or lack of identification, the Committee shall refer the request to the Public Prosecution to take the necessary procedures, provided that the request contains a statement which includes the merits and reasons it was based on, considering that such funds are linked to criminal conduct.