Book traversal links for Implementing Regulation to the Anti-Money Laundering Law
Implementing Regulation to the Anti-Money Laundering Law
No: 14525 Date(g): 8/11/2017 | Date(h): 19/2/1439 Status: In-Force I. Definitions
Article 1
The following terms and phrases – wherever mentioned in this Law – shall have the meanings assigned thereto unless the context requires otherwise:
1- The law: the Anti-Money Laundering law. 2- The regulation: the Implementing Regulation of this law. 3- Funds: Assets, economic resources or properties of any value or type, however acquired, whether material or immaterial, movable or immovable, tangible or intangible, along with documents, deeds, transfers, letter of credits and instruments of any form, whether inside or outside the Kingdom. This include electronic or digital systems and bank credits that evidence ownership or interest therein, also all types of commercial papers , securities, or any interest, profit or other income generated from such funds. 4- Predicate Offense: Any committed act within the KSA constituting an offense punishable by Sharia or statutory law, or any act committed outside the Kingdom if it constitutes a crime according to the laws of the State where it was committed and would have constituted an offense under the Sharia or statutory laws of the Kingdom had it been committed therein. 5- Proceeds of crime: the funds directly or indirectly obtained or acquired from or through the commission of a predicate offense, whether inside the Kingdom or outside, including any funds transferred or converted wholly or partially into other type of funds. 6- Instrumentalities: Anything prepared, used, or intended to use, in any form to commit a crime of crimes stipulated in the law. 7- Financial Institution (FI): Any conduct as a business one or more of the financial activities or operations specified in the Implementing Regulation of this Law for or on behalf of a customer. 8- Designated Non-Financial Businesses or Profession (DNFBP): Any conducted of any commercial or professional activities as specified in the Implementing Regulation. 9- Non-profit Organizations (NPO): Any non-profit organization entity that – legally authorized, to collects, receives or disburses funds for charitable, religious, cultural, educational, social or cooperative purposes or for any other purposes. 10- Provisional Seizure: Temporary ban on the transport, transfer, exchange, conversion, disposal, or movement of funds, and temporary possession, pursuant to an order issued by a competent court or authority. 11- Confiscation: Permanent expropriation and deprivation of funds, Proceeds of crime, or instrumentalities pursuant to an order issued by a competent court or authority. 12- Supervisory Authority: The authority with responsibility to monitor the compliance by FIs, DNFPBs, and NPOs with the requirements under this Law, its Regulation or any relevant decision or instructions. 13- Competent Authority: Any administrative authority, law-enforcement authority or supervisory authority. 14- Bearer Negotiable Instruments: Monetary instruments in bearer form, such as cheques, promissory notes, and money order, that are in bearer form or endorsed or made out to a fictitious payee, or otherwise that are in such form that title thereto passes upon delivery, or incomplete instruments signed but with the payee’s name omitted. 15- Beneficial owner: Any natural person who ultimately owns or exercises direct or indirect control over a customer or on whose behalf a transaction is being conducted, including on the FIs or DNFBPs or NPOs or any other legal person. 16- Customer: Any person who conduct or intend to conduct any activities as stipulated in the Implementing Regulation with the FIs, DNFBPs. 17- Business relationship: Any relationship with a continuing nature, which is established between any of FIs and DNFBPs and its clients related to the activities or services the FIs and DNFBPs provide to them. 18- Shell Bank: A bank that is incorporated or licensed in a country in which it has no physical presence and that is unaffiliated with a regulated financial group that is subject to regulation and supervision. 19- Wire Transfer: A financial transaction carried out on behalf of an originator through a financial institution with the view to making an amount of funds available to a beneficiary at another financial institution, irrespective of whether the originator and the beneficiary are the same person. 20- Due Diligence Measures: The process of obtaining or verifying information on a customer or beneficial owner to enable the FIs or DNFBPs to assess the extent to which the customer exposes it to a range of risks. 1/1 - The following terms and phrases - wherever mentioned in the Law and its Implementing Regulation - shall have the meanings assigned thereto unless the context requires otherwise:
A. Person: Includes any natural or legal person. B. Transaction: Includes any disposition of funds, properties, cash or in kind proceeds including but not limited to depositing, withdrawing, transferring, selling, purchasing, loaning, committing, extending of credit, mortgaging, gifting, financing, or exchanging of funds in any currency, whether in cash or checks, payment orders, sticks, bonds or any other financial instruments; or using safe deposit boxes and any other disposition of funds. C. Economic resources: Are assets of any kind, whether tangible or intangible, movable or immovable, actual or potential, which may be used to obtain funds, goods or services, including but not limited to equipment, furniture, fittings and fixtures and other items of a fixed nature; vessels, aircraft and motor vehicles; inventories of goods; art; jewelry; gold; oil products, refined products, modular refineries and related material including chemicals and lubricants; minerals, or timber or other natural resources; arms and related materials, raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, any types of proceeds of crime, including from the illicit cultivation, production or trafficking of narcotic drugs or their precursors; patents, trademarks, copyrights and other forms of intellectual property, internet hosting or related services. D. Correspondent Relationship: It is a relationship between a correspondent institution and a respondent institution through a current or other account or related services, such as cash management, international funds transfers, cheque clearing, foreign exchange services, trade finance, liquidity management, or short-term borrowing. The definition shall also cover correspondent relationships established for securities transactions or funds transfers. E. Financial Group: Is a group that consists of a company or of any other type of legal or natural persons that exercises control and coordinating functions over the rest of the group for application of group supervision, together with branches or subsidiaries that are subject to anti-money laundering policies and procedures at the group level. F. Legal Arrangements: The relationship established by a contract between two parties or more which not result legal person, such as trusts or other similar arrangement. G. False Declaration: Providing a fake information on the value of currency or bearer negotiable instruments which are being transferred, or providing other false information required by the declaration or by the General Directorate of Customs, including not providing the declaration as required. H. Controlled Delivery: A method whereby the competent authority, and under its observation, is permitted to allow the illicit or suspicious fund or proceeds of crime to enter the Kingdome, pass it, or go outside the Kingdom for the purpose of identifying and detecting such crime and its perpetrators.
1/2 - All activities and financial transactions mentioned in Para (7) of this Article are as following:
A. Acceptance of deposits and other repayable funds from the public, including private Banking; B. Lending, financial leasing or any other form of financing; C. Money or value transfer services; D. Issuance and managing means of payment (e.g. credit and debit cards, checks, traveler's checks, payment orders and bankers’ drafts, electronic money); E. Issuance Financial guarantees and commitments; F. Activities related to securities as set out in the Capital Markets Law or any trading in: 1. money market instruments including checks, bills of exchange, and certificates of deposit; 2. currencies; 3. exchange, interest rate and financial index instruments; 4. negotiable securities and financial derivatives; 5. commodity future trading; G. Foreign exchange transactions; H. Participation in securities issuing, and provision of financial services; I. Individual and collective portfolio management; J. Safekeeping and administration of cash or liquid securities on behalf of other persons; K. Concluding life insurance contracts and other types of investment related insurance as a provider or an agent or broker of the insurance contract or any other insurance products stipulated in the Law on Supervision of Cooperative Insurance Companies; or L. Investing, administering or managing funds on behalf of other persons.
1/3 - The Commercial and Profession activities mentioned in Para (8) of this Article are as following:
a. Real estate brokerage when they are involved in transactions for their client concerning the buying and selling of real estate in all its forms; b. Dealing in gold, precious stones, or precious metals, when engaging in cash transactions with a customer equal to or above SAR 50.000, whether the transaction is carried out in a single operation or in several operations which appears to be linked, whether through individual firm or commercial Companies. c. Attorneys and any person providing legal or accounting type services in the exercise of professional activities, when they prepare, execute, or conduct a transaction for customers in relation to any of the following activities: i. Purchase or sale of real estate; ii. Management of a customer's funds, including securities, bank accounts, and other assets; iii. Establishment, operation, or management of legal persons or legal arrangements and the organization of related subscriptions; or iv. Sale or purchase of commercial companies.
1/4 - The Supervisory Authority as stipulated in para (12) of this Article are:
A. Saudi Central Bank*. B. Capital Market Authority. C. Ministry of Commerce and Investment. D. Ministry of Justice. E. Ministry of Labor and Social Development. F. Any other authority mandated by law to monitor or supervise financial institutions or designated non-financial businesses of professions or NPOs
1/5 - All activities and works mentioned in Para (16) of this Article are as following:
a) Arranging, or undertaking a transaction, business relationship or opening account; b) A signatory to a transaction, business relationship, or account; c) Assigning an account, transferring rights or obligations according to a transaction; d) who is authorized to conduct a transaction, or to control a business relationship or an account; or e) who attempts to take any of previous actions.
1/6 - The competent Authority stipulated in para (13) of this Article are:
a. Public Prosecution. b. Ministry of Interior. c. Presidency of State Security. d. Supervisory Authority. e. General Directorate of Customs. f. General Directorate of Financial Intelligence. g. Any other authority assigned to apply the provisions under this Law.
* The "Saudi Arabian Monetary Agency" was replaced By the "Saudi Central Bank" in accordance with The Saudi Central Bank Law No. (M/36), dated 11/04/1442H, corresponding to 26/11/2020G.
II. Criminal Acts
Article 2
It shall be considered to have committed a money laundering offence who conduct any of the following acts:
1- Converts or transfers or conduct any transaction on funds that the person knows are proceeds of crime for the purpose of disguising or concealing the illegitimate origin of the funds, or to help a person involved in the commission of the predicate offense that generated the funds to evade the legal consequences for his/her acts; 2- Acquires, possesses or uses funds that the person knows are proceeds of crime or from illegal source; 3- Conceals or disguises the true nature, source, movement, ownership, place, disposition, or manner of disposition, or rights with respect to funds that the person knows are proceeds of crime; 4- the attempt to conduct any stated acts in Sup (1), (2), (3) in this article, or participation in by means of agreement, or providing assistance, or abetting, or providing counseling, advice, or facilitation, or collusion, cover-up or the attempt to commit any of the acts provided for in this Article. 2/1
The money laundering offense under the law apply, according to the law, to the person who committed the predicate offense and participated in money laundering crime.
Article 3
Legal person shall be criminally liable for money laundering if any act clarified in Article 2 was committed in its name or to its account. Criminal liability of a legal person shall not exclude criminal liability of the chairmen, members of boards of directors, owners, employees, authorized representatives, auditors or hired staff, or any other natural person who acted in the legal entity’s name or for its credit. Article 4
1- A money laundering offence shall be deemed a separate offence from the predicate offense, and a conviction for the predicate offense shall not be necessary for a conviction for money laundering or to establish that funds are proceeds of crime, whether the crime was perpetrated in the Kingdom or abroad. 2- Intent, knowledge or purpose required as elements of a money laundering offence may be inferred from objective factual circumstances of the case. III. Preventive Measures
Article 5
Financial Institutions (FIs), Designated Non-Financial Businesses and Professions (DNFBPs)shall identify, assess, and document their money laundering risks and keep it up to date, taking into account a wide range of risk factors, including those relating to its customers, countries or geographic areas, products, services, transactions and delivery channels, and provide risk assessment reports to the supervisory authorities upon request. The risk assessment under this Article shall include an assessment, prior to their use, of the risks associated with new products, business practices and technologies. 5/1
Financial institution or designated non-financial business and profession shall identify asses and document their money laundering risks in writing, and regularly update its money laundering risk assessment and any underlying information, and keep both the report and any underlying information readily available for the supervisory authority. The nature and extent of the risk assessment shall be appropriate to the nature and size of the financial institutions’ or designated non-financial businesses and professions’ business.
5/2
Financial institution or designated non-financial business and profession when assessing its money laundering risks, shall give consideration to the following:
a. Customer risk factors and risk factors relating to the beneficial owner or beneficiary; b. Risk factors emanating from countries or geographic area in which customer operates or the place of origination or destination of a transaction; c. Risk arising from the nature of products, services and transactions offered and the delivery channels for products and services.
5/3
When carrying out a risk assessment, a financial institutions and designated non-financial businesses or professions shall take into account the any risks identified on the national level and any variables which may increase or decrease the money laundering risk in a specific situation, including:
a. The purpose of an account or relationship; b. The size of deposits or transactions undertaken by a customer; c. The frequency of transactions or duration of the relationship.
5/4
Based on the outcome of the risk assessment, a financial institutions or designated non-financial businesses and professions shall develop and implement internal policies, controls and procedures against money laundering that set out the appropriate level and type of measures to manage and mitigate the risks that have been identified; to monitor the implementation of those policies, controls and procedures; and to enhance them as necessary.
5/5
For higher level of risks the financial institution or designated non-financial business and profession shall apply enhanced mitigation measures; for a lower level of risks a financial institution or designated nonfinancial businesses and profession may apply simplified measures to manage and mitigate the risks. Simplified measures shall not be permitted if there is a suspicion of money laundering.
5/6
A financial institution or designated non-financial business and profession shall identify and assess the money laundering risks that may arise from the development of a new product, business practice or delivery mechanism, or from the use of a new or developing technology for new or pre-existing products. The risk assessment shall be carried out prior to the launch of the new product, business practice or delivery mechanism or prior to the use of the new technology. A financial institution or designated non-financial business and profession shall take appropriate measures to manage and mitigate the identified risk.
Article 6
A financial institution shall not keep or open an anonymous accounts or an accounts in obviously fictitious names, or numbered accounts. Article 7
FIs and DNFBPs shall:
1- Apply due diligence measures to their customers and the Implementing Regulation shall set forth the instances in which such measures shall be taken and the types of measures to be taken. 2- Determine the extent of due diligence measures based on the risks relation to a customer or business relationship. Where a higher risk of money laundering was identified, they shall apply enhanced due diligence measures. 7/1
A financial institution or designated non-financial business and profession shall undertake due diligence measures at the following times:
a. Before establishing a new business relationship or opening a new account; b. Before carrying out a transaction for a customer with whom the financial institution or designated non-financial business and profession is not in an established business relationship, whether the transaction was conducted for one time or several times where the transactions would appear linked to each other; c. Before carrying out a wire transfer as prescribed by Article 10 of the Law for a customer with whom the financial institution or designated non-financial business and profession ion are not in an established business relationship; d. Whenever there is a suspicion of money laundering, regardless of the amounts involved; or e. Whenever the financial institution or designated non-financial business and profession has doubts either about the veracity or adequacy of previously obtained customer information or identification data.
7/2
Due diligence measures shall be based on risk and, at a minimum, comprise of the following:
a. Identify the customer and verify the customer’s identity, using reliable, independent source documents, data or information: 1. For a customer that is a natural person, the financial institution or designated non-financial business and profession shall obtain and verify the full legal name, residential or the national address, date and place of birth, and nationality; 2. For a customer that is a legal person or a legal arrangement, the financial institution or designated non-financial business and profession shall, at a minimum, obtain and verify the name, legal form and proof of existence, the powers that regulate and bind the legal person or legal arrangement, the names of all directors, senior managers or trustees, and the address of the registered office and, if different, the principal place of business. 3. Depending on the risk posed by a specific customer, the financial institution or designated nonfinancial business and profession shall determine whether any additional information must be collected and verified. b. Verify that any person purporting to act on behalf of a customer is so authorized, and identify and verify the identity of that person in line with subsection (a); c. Identify the beneficial owner and take reasonable measures to verify the identity of the beneficial owners, using information and data obtained from a reliable source, such that the financial institution or designated non-financial business and profession is satisfied it knows who the beneficial owner is, as following: 1. For a customer that is a legal person, a financial institution or designated non-financial business and profession shall identify and take reasonable measures to verify the identity of the natural person who ultimately owns or controls 25% or more of the legal entity’s shares. 2. Where no controlling ownership interest exists as stipulated in the previous para (1), or there is doubt whether the controlling shareholder is not indeed the beneficial owner, the identity of the natural person exercising control of the legal person through other means; or, as a last means, the identity of the natural person who holds the position of senior managing official, and verify it. 3. For a customer that is a legal arrangement, a financial institution or designated non-financial business and profession shall identify and take reasonable measures to verify the identity of the endower, beholder, the beneficiaries or classes of beneficiaries, and any other natural person exercising ultimate effective control over the legal arrangement. d. Understand and obtain additional information on the purpose and intended nature of the business relationship, as appropriate. e. For the legal persons or legal arrangement, the ownership and control structure of the customer should be understood.
7/3
A financial institution or designated non-financial business and profession shall verify the identity of the customer and beneficial owners before or during the course of establishing a business relationship or opening an account; or before carrying out a transaction for a customer with whom the financial institution or designated non-financial business and profession is not in an established business relationship. Where the money laundering risk is low, a financial institution or designated non-financial business and profession may complete verification of the customer’s identity as soon as practicable after the establishment of the business relationship if postponing the verification is essential not to interrupt the normal conduct of business and the financial institution or designated non-financial business and profession shall apply appropriate measures to manage the money laundering risk. The financial institution or designated nonfinancial business and profession shall take measures to managing the risk in the circumstances where the customer benefit from the business relationship before the verification is completed.
7/4
In addition to the measures under Section 7/2, a financial institution shall, in relation to a beneficiary of a saving and protection insurance or other investment related insurance policy, apply the following due diligence measures as soon as the beneficiary is identified or designated:
a. For a beneficiary identified by name, take the name of that person whether it is natural or legal person; b. For a beneficiary designated by class or characteristics or any other means such as deeds , obtain sufficient information concerning the beneficiary to ensure that the financial institution will be able to identify the beneficiary prior to payout;
In all cases, a financial institution shall verify the identity of the beneficiary prior to a payout under the insurance policy or prior to the exercising of any rights related to the policy.
7/5
A financial institution, when determining whether enhanced due diligence measures are required in relation to a specific policy, shall take into account risk factors relating to the beneficiary of the policy and, if the financial institution considers that a beneficiary poses a higher risk, shall in all cases identify and verify the identity of the beneficial owner of the beneficiary at the time of payout.
7/6
A financial institution or designated non-financial business and profession shall carry out ongoing due diligence on all business relationships in accordance with the risks posed, verify the transition throughout the business relationship to ensure the consistency with customer’s data, activities and risk posed by customer. Also It should be ensured that documents, data and information collected under the due diligence process is kept up-dates and relevant by undertaking reviews of existing records, in particular for higher risk customers.
7/7
A financial institution or designated non-financial business and profession shall apply due diligence measures to customers and business relationships that existed at the date of coming into force of the Law and this Implementing Regulations. A financial institution or designated non-financial business and profession shall apply due diligence measures to existing customers and business relationships based on materiality and risk and conduct ongoing due diligence on such existing customers and business relationships at appropriate times, taking into account whether and when due diligence measures have previously been undertaken, and the adequacy of data obtained.
7/8
A financial institution or designated non-financial business and profession that is unable to comply with the due diligence obligations may not open the account, establish the business relationship or carry out the transaction; or in relation to existing customers or business relationships, shall terminate the business relationship; and shall in all cases consider submitting a suspicious transaction report to the Directorate.
7/9
Where a financial institution or designated non-financial business and profession has a suspicion of money laundering and it reasonably believes that performing due diligence may tip off the customer, it may opt to not carry out due diligence measures and shall submit a suspicious transaction report to the Directorate of financial intelligence , and stating the reasons as to why due diligence was not applied.
7/10
A financial institution or designated non-financial business and profession may rely on another financial institution or designated non-financial business and profession to perform identification and verification of the customer; identification and verification of the beneficial owner; and to take the necessary measures to understand the nature and intended purpose of the business relationship.
7/11
If financial institution or designated non-financial business and profession place reliance on another party as stated in 7/10, they shall do the following:
a. immediately obtains all necessary information as required under Article 7 of the Law and this Implementing Regulation; b. take measures to satisfy that copies of identification data and other relevant documentation relating to the due diligence measures will be made available , and without delay; c. ensure that financial institution or designated non-financial business and profession relied upon is regulated, supervised for and has measures in place for compliance with due diligence and record keeping requirements in line with the requirements stipulated under the Law and this Implementing Regulation. d. Take into account information available with (AMLPC) and the Directorate of Financial intelligence with regard to high-risk countries identified.
The ultimate responsibility of all requirements stipulated in this law and its implementing regulation relay on the requesting financial institution and designated non-financial business and profession.
7/12
when a financial institution is being relied upon by another domestic or foreign financial institution, confidentially requirements under Saudi law shall not preclude a financial institution from exchanging information as required for the reliant party to determine whether the relied upon financial institutions applies appropriate standards
7/13
A financial institution or designated non-financial business and profession that relies on a financial institution or designated non-financial business and profession that is part of the same financial group may consider that the financial institution or designated non-financial business and profession relied upon meets the requirements under Article 7/10 and 7/11 provided the group applies due diligence and record keeping requirements in line with the Law and this Implementing Regulation, the implementation of such policies is supervised at the group level by a competent authority and any higher country risk is adequately mitigated by the group’s policies and controls.
7/14
A financial institution or designated non-financial business and profession shall determine the extent and depth of application of due diligence measures under Article 7 of the Law based on the types and levels of risk posed by a specific customer or business relationship.
Where the risk of money laundering is higher, a financial institution or designated non-financial business and profession shall apply enhanced due diligence measures consistent with the risks identified. Where the risk of money laundering is lower, a financial institution or designated non-financial business and profession may conduct simplified due diligence measures provided there is no suspicion of money laundering, in which case simplified due diligence shall not be permitted. The simplified measures shall be commensurate with the lower risk.
Article 8
FIs and DNFBPs shall use appropriate systems to determine whether a customer or beneficial owner is or has become assignee with a prominent public function in the Kingdom or a foreign country; or with a senior management position in an international organization and if so, apply additional measures as prescribed by the Implementing Regulation. 8/1
The person is or has become assignee with a prominent public function in the Kingdom or a foreign country; or with a senior management position in an international organization is consider as “politically exposed person”, it shall comprise the following:
a. Heads of State or of government, senior politicians, senior government, judicial or military officials, senior executives of state owned corporations, and important party officials b. Directors, deputy directors, and members of the board or equivalent function, of any international organization.
8/2
The obligations under Article 8 of the Law shall apply in relation to politically exposed persons, their close associates and family members.
8/3
A family member of a politically exposed person shall include any individual who is related to a politically exposed person by blood or marriage up to the second degree.
8/4
A close associate of a politically exposed person shall include any natural person who is known to have joint beneficial ownership of a legal entity or legal arrangement or who is in a close business relationship with the politically exposed person, or who has a beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit de facto of a politically exposed person.
8/5
A financial institution or designated non-financial business and profession shall in relation to politically exposed persons from a foreign country, obtain senior management approval before establishing or continuing such a business relationship; take reasonable measures to establish the source of wealth and the source of funds of the politically exposed person; and conduct enhanced ongoing monitoring on the business relationship; and the same applied in relation to politically exposed persons from the Kingdom, in case of a higher risk of money laundering.
8/6
A financial institution shall take the reasonable measures to determine whether the beneficiaries or the beneficial owner from the saving and protection policy or any other investment insurance policy, before the payout of the policy prior to the exercising of any rights related to the policy, are PEPs, if so, the FI shall inform the senior management before the payout or prior to the exercising of any rights related to the policy, and conduct enhanced scrutiny on the business relationship, and consider making a suspicious transaction report.
Article 9
1- Before entering into a cross-border correspondent relationship, financial institutions shall apply appropriate risk mitigation measures as prescribed by the Implementing Regulation, and shall satisfy themselves that the respondent institution does not permit their account to be used by a shell bank. 2- Financial institutions shall not enter into or continue a correspondent relationships with a shell bank or a respondent institution that permits its account to be used by a shell bank. 9/1
Before entering into a cross-border correspondent relationship, a financial institution shall apply the following risk mitigating measures:
a. gather sufficient information about the respondent institution to understand fully the nature of the respondent’s business, and determine from publicly available information the reputation of the institution and the quality of supervision, and whether the respondent institution has been subject to a money laundering investigation or regulatory action; b. assess the respondent institution’s anti-money laundering controls; c. obtain approval from senior management before establishing new correspondent relationships; and d. clearly understand the respective anti-money laundering responsibilities of each institution. e. Reach satisfactory convention that a respondent financial institution does not allow the use of its account by shell banks.
9/2
Where a financial institution registered and licensed in the Kingdom enters into a correspondent relationship in order to receive services from a foreign correspondent financial institution, confidentially requirements under Saudi law shall not preclude the financial institution from providing to the foreign institution the information and documents required for the foreign institution to satisfy itself that the conditions under 9/1 (a) and (b) are met.
Article 10
1- Financial institutions provide wire transfer activities shall obtain information on the originator and beneficiary and ensure that such information is kept with the wire transfer or related message throughout the payment chain. A financial institution that is unable to obtain required originator or beneficiary information shall not permit the execution of the wire transfer. 2- A financial institution shall record all originator and beneficiary information and keep the records, documents, data, and files in accordance with Article 12. 3- A financial institution shall comply with all measures on wire transfers as set out in the Implementing Regulation. 10/1
Article 10 of the Law shall apply to cross-border wire transfers and domestic wire transfers in any currency, including serial payments and cover payments, which are received, or sent or processed by a financial institution in the Kingdom, including credit or debit or prepaid card, mobile phone or other digital or IT prepaid or postpaid device that are used to effect a person-to-person transfer of funds. The scope of the Law does not extend to a transfer that
a. flows from a transaction carried out using a credit or debit or prepaid card, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics and exclusively for the purchase of goods or services, provided the credit or debit or prepaid card number accompanies the transfer flowing from the transaction; or b. constitutes a transfer or settlement between two financial institutions where both the originator and the beneficiary are a financial institution acting on their own behalf.
10/2
Originator information shall include:
a) The full name of the originator; b) The originator account number where such an account is used to process the transaction or in the absence of an account number, a unique transaction number that permits traceability of the transaction; and c) The originator’s address, or customer identification, or date and place of birth.
Beneficiary information shall include:
a) The full name of the beneficiary; and b) The beneficiary account number where such an account is used to process the transaction or in the absence of an account number, a unique transaction number that permits traceability of the transaction. 10/3
A financial institution that orders a wire transfer shall include required and verified originator information and required beneficiary information with each wire transfer. In case of a suspicion, an STR shall be submitted according to Article 15 of the Law. If a financial institution cannot comply with its obligations under this provision, it shall not order the wire transfer.
10/4
Where several individual cross-border wire transfers from a single originator are bundled in a batch file for transmission to several beneficiaries, the ordering financial institution shall include in the batch file the required and verified originator information; the required beneficiary information that is fully traceable within the beneficiary country; and the originator’s account number of unique transaction reference number.
10/5
For domestic wire transfers, the obligations set out in Article 10/3 shall apply unless the ordering financial institution is in a position to make all required originator and beneficiary information available to the financial institution ultimately receiving the wire transfer or competent authorities by other means, in which case the ordering financial institution may only include the account number or a unique transaction reference number that permits the transaction to be linked with the relevant originator or beneficiary information. The ordering institution shall make the required and verified originator and required beneficiary information available within three business days upon receiving a request for such information from the financial institution ultimately receiving the wire transfer or a competent authority.
10/6
A financial institution shall maintain all originator and beneficiary information in accordance with Article 12 of the Law.
10/7
For cross-border wire transfers, a financial institution processing an intermediary element of the payment chain shall ensure that all originator and beneficiary information that accompanies a wire transfer is retained with it, and shall keep all wire transfer information including originator and beneficiary information in accordance with Article 12 of the Law.
10/8
Where technical limitations prevent the required originator or beneficiary information accompanying a cross-border wire transfer from remaining with a related domestic wire transfer, the intermediary financial institution shall keep a record for ten years of all the information received from the ordering or other intermediary financial institution.
10/9
A financial institution ultimately receiving or processing an intermediary element of a wire transfer shall have in place and apply procedures for:
a) Identifying wire transfers that lack required originator or beneficiary information; b) Determining, on a risk basis, when to execute, reject, or suspend a wire transfer that lacks required originator or required beneficiary information; and c) Taking appropriate risk based follow-up action which may include restricting or terminating the business relationship.
10/10
A financial institution ultimately receiving a cross-border wire transfer shall take reasonable measures to identify cross-border wire transfers that lack required originator or beneficiary information. Such measures may include post-even monitoring or real-time monitoring where feasible. , if the identity has not been previously verified, a financial institution ultimately receiving the transfer shall verify the identity of wire-transfer sender’s information and maintain this information in accordance with Article 12 of the Law.
10/11
Confidentially requirements under Saudi law shall not preclude a financial institution from exchanging information with other domestic or foreign institutions that are processing any part of the transaction as required to comply with the provisions under this Article.
Article 11
1- FIs and DNFBPs shall apply enhanced due diligence measures proportionate to the risks involving business relationships and transactions with a person from a country that was identified as high risk by the FI or DNFBP or the Anti-Money Laundering Permanent Committee. 2- FIs and DNFBPs shall apply the countermeasures prescribed by the Anti-Money Laundering Permanent Committee with respect to high risk countries. Article 12
1- FIs and DNFBPs shall, for all domestic or international financial transactions as well as commercial and monetary transactions, keep all records and documents for a period of no less than ten years from the date of concluding the transaction or closure of account. 2- FIs and DNFBPs shall keep all records obtained through due diligence measures, account files and business correspondences and copies of personal identification documents, including the results of any analysis undertaken, for at least ten years after the business relationship has ended or a transaction was carried out for a customer is not in an established business relationship. 3- In specific cases, the Public Prosecution may oblige FIs and DNFBPs to extend the record keeping period for as long as required for the purpose of a criminal investigation or prosecution. 4- Records shall be sufficient to permit reconstruction of transactions and shall be maintained in a manner so that they can be readily made available to competent authorities upon request. Article 13
FIs and DNFBPs shall:
1- Monitor and scrutinize transactions, document and data on an ongoing basis to ensure that they are consistent with the reporting entity’s knowledge of the customer, the customer’s commercial activities and risk profile, and where necessary the customer's source of funds. 2- Examine any complex and unusual large transaction, and any unusual pattern of transactions that has no clear economic or legal objective. 3- Where the risks of money laundering are higher, the FI and DNFBP shall perform enhanced due diligence where the ML/TF risks are higher and increase the level and nature of monitoring of the relevant business relationship to determine whether the transaction is unusual or suspicious. 4- Keep records for a period of ten years and make them available to competent authorities upon request. Article 14
1- FIs and DNFBPs shall: A- Have in place and effectively implement internal policies, procedures and controls against money laundering aimed at managing and mitigating any risks identified as clarified in Article 5. The policies, procedures and controls shall be proportionate to the nature and size of the FI and DNFBP’s business and shall be approved by senior management. FI and DNFBP shall review and enhance them as needed. B- Apply its internal policies, procedures and controls said in (A) of this Article, to all of its branches and majority-owned subsidiaries. 2- The Implementing Regulation shall specify the matters that must be addressed in the internal policies, procedures and controls under (1/A) in this Article for Anti-Money Laundering. 14/1
The policies, procedures and internal controls shall be proportionate to the nature and size of the financial institution or designated non-financial business and profession’s business and shall address the following:
a. Due diligence measures as required under this law and its Implementing Regulation, including risk management procedures for utilization of a business relationship prior to completion of the verification process; b. Transaction reporting procedures; c. Appropriate anti-money laundering compliance management arrangements, including appointment of an anti-money laundering compliance officer at the senior management level; d. Adequate screening procedures to ensure high standards when hiring employees; e. Ongoing employee training programs; and f. An independent audit function to test the effectiveness and adequacy of internal policies, controls and procedures.
14/2
A financial group shall implement a group-wide program against money laundering, apply the internal policies, controls, procedures to all of its branches and majority-owned subsidiaries and ensure effective implementation thereof by all branches and majority-owned subsidiaries. In addition to the issues set out in subsection 14/1, a group level policy shall address also the sharing of information between all members of the group; the provision of customer, account and transaction information to group-level compliance, audit or anti-money laundering functions; and the safeguarding of confidentiality and use of the information exchanged.
14/3
Where the anti-money laundering requirements of a foreign country are less strict than those imposed under the Law and this Implementing Regulation, a financial institution or designated non-financial business and profession shall ensure that its branches and majority-owned subsidiaries operating in that foreign country apply measures consistent with the requirements under the Law and this Implementing Regulation. If the foreign country does not permit the proper implementation of such measures, the financial institution or designated non-financial business and profession shall inform the Saudi supervisory authority of this fact and take any additional measures necessary to appropriately manage and mitigate the money laundering risks associated with its operations abroad. The financial institution or designated non-financial business and profession shall comply with any instructions received from the supervisory authority in this regard.
Article 15
FIs, DNFBPs, and NPOs including the attorneys and any person providing legal or accounting type services, that suspects or has reasonable grounds to suspect that funds or parts thereof, regardless of their amounts, are proceeds of crime or are related to money laundering or that such funds will be used in acts of money laundering, including attempts to initiate such a transaction, shall Promptly and directly take the following measures:
1- Report such transaction to the General Directorate of Financial Intelligence; and provide a detailed report including all available data and information on such transaction and relevant parties. 2- Promptly and fully respond to requests from the Directorate for additional information. 15/1
Suspicious reporting requirement stipulated under this article shall include the following:
a) A financial institution or designated non-financial business or profession or NPO that suspects or has reasonable grounds to suspect that funds or parts thereof, are proceeds of crime or are related to money laundering or that such funds will be used in acts of money laundering, including attempts to initiate such a transaction, b) A financial institution or designated non-financial business or profession or NPO that suspects or has reasonable grounds to suspect that any of the complicated, high-volume, or suspicious transaction that relates to money laundering, including the attempt to execute any of these transations.
15/2
The reporting obligation under Article 15 of the law applies regardless of the amounts involved.
15/3
A financial institutions, designated non-financial businesses and professions, or NPO shall implement indicators of suspected acts of money laundering. These indicators shall be updated on a continuous basis according to the development and diversity of methods used to carry out such acts, while complying with the publications of supervisory authorities in this regard.
15/4
The reporting shall be provided as per the form adopted by the Directorate, and as minimum shall include the following information:
A. Names, addresses and phone numbers of those carrying out suspicious transactions; B. A statement of the suspicious transaction, its involved parties, circumstances surrounding its detection and its current status; C. Specifying the amount of the suspicious transaction and relevant bank or investment accounts; and D. The reasons and causes of suspicion on the basis of which the employee made such report.
The directorate of financial intelligence shall further specify the manner in which reports under this Article are to be made and the information that shall be transmitted as part of the report.
Article 16
1- FIs, DNFBPs, and NPOs as well as their Members of Board of Directors, directors, Members of its executive or supervisory management, and employees are prohibited from disclosing to a customer or any other person the fact that a report under this Law or related information will be, is being or has been submitted to the Directorate, or that a criminal investigation is being or has been carried out. This shall not preclude disclosures or communications between directors and employees or communications with lawyers or competent authorities. 2- FIs, DNFBPs, and NPOs as well as their Members of Board of Directors, directors, Members of its executive or supervisory management, and employees shall be protected from any liability toward the reported if they report their suspicions to the Directorate in good faith. 16/1
The protection under Article 16 of the Law shall include protection from any criminal, civil, contractual, disciplinary or administrative liability and applies also in situations where the financial institution or designated non-financial business and profession or its employees or directors did not know precisely what the underlying criminal activity of the reported transaction was and regardless of whether illegal activity actually occurred.
IV. General Directorate of Financial Intelligence
Article 17
The General Directorate of Financial intelligence shall be under the oversight of the President of the State Security, and shall enjoy adequate operational independence. It shall act as a national central agency to receive suspicious transaction reports, or other information or reports relating to money laundering, predicate offenses or proceeds of crime as provided for by this Law and its Implementing Regulations, to analyze such reports and information, and to disseminate the results of its analysis to competent authorities, either spontaneously or upon request. The President of the State Security shall determine the organizational structure of the Directorate and the Implementing Regulations shall identify its governance, mandate and its methods of operation. 17/1
The General Directorate of Financial Intelligence shall be headquartered is located in Riyadh and it may open other branches in regions of the Kingdom, shall assume the following functions:
a. Receive suspicious transaction reports, or other information or reports relating to money laundering, predicate offenses or proceeds of crime as provided for by the Law; b. Gather information that will enable the Directorate to perform its work effectively; c. Analyze the reports and information received; d. Disseminate the results of its analysis to competent authorities, either spontaneously or upon request; e. Establish a database including all reports and information received. The database shall be updated consecutively while maintaining the confidentiality of the information included therein; f. Request and exchange information with competent authorities; g. Request and exchange information with foreign counterparts; h. Prepare templates for use by reporting entities to report suspicious transactions; i. Issue and update guidance to financial institutions, designated non-financial business and profession, and NPOs on identifying and reporting suspicious transactions; j. Seek assistance, at its discretion, from experts and specialists from relevant agencies; k. Provide feedback to reporting entities on information and suspicious transaction reports received; l. Participate in the preparation of awareness programs on combatting money laundering in coordination with the Permanent Committee on Anti-Money Laundering; m. Enter into memoranda of understanding with other financial intelligence units according to applicable laws and procedures; n. Prepare annual reports; o. Prepare typology reports based on the outcome of its strategic analysis; p. Directorate of financial intelligence, as member of Egmont group, follow up with the Egmont group’s requirement, participate in its conference; ; q. Stop the suspicious transaction, if necessary, up to (72) hours from the time the suspicious transaction report is received. r. Request the Bureau of Public Prosecution to apply a seizing measure in relation to funds or instrumentalities s. Conduct research and inquiries, in coordination with the competent authorities, or request from the competent authorities to conduct field investigation.
17/2
The Directorate shall conduct the following:
a. Operational analysis: which is the use available and obtainable information to identify suspects, to trace particular activities or transactions, and to determine links between those suspects and possible proceeds of crime, or money laundering or predicate offenses. b. Strategic analysis: which is the use available and obtainable information, including data that may be provided by other competent authorities, to identify money laundering related trends or patterns.
17/3
The Directorate of financial intelligence shall protect the information it received or maintains by:
a. Establishing rules governing the security and confidentiality of information, including procedures for handling, storage, dissemination, and protection of, and access to information; b. Ensuring that there is limited access to the Directorate’s facilities and information, and IT systems.
17/4
The Directorate of financial intelligence shall be operationally independent and autonomous by:
a. Having the authority to carry out its functions freely, including the autonomous decision to analyze, request and/or forward or disseminate specific information; b. Having the capability to place arrangement or work independently with other local competent authorities, or foreign counterpart in relation to exchange of information, c. Having distinct functions to distinguish them in the performance of its work from other parties under the chairmanship of the State Security; d. Be able to obtain and deploy the resources needed to carry out its functions, on an individual or routine basis, free from undue political, government or industry influence or interference, which may compromise its operational independence.
17/5
All domestic and international obligations under the former name (Financial Investigation Unit) shall be referred to The Directorate of financial intelligence.
Article 18
1- The Directorate is authorized to obtain any additional information that the Directorate deems necessary to properly carry out its analysis. In cases where a financial institution has not submitted a report under Article 15 of this law, or the Directorate’s request does not relate to a report submitted by the requested financial institution, the Directorate shall requests to provide the requested information only through the supervisory authority. The FIs, DNFBPs and NPOs shall provide what has been requested promptly. 2- The Directorate may obtain any financial, administrative or legal information and any relevant information collected or maintained by or on behalf of public authorities that it considers is necessary to carry out its function as per the legal provisions set out. 18/1
The Directorate of financial intelligence is authorized to request additional information directly from a financial institution if that financial institution has submitted a report under Article 15 of the Law and the Directorate’s request is in relation to a transaction or person mentioned in this report. In all other cases, the Directorate may request and the financial institution shall provide the requested information through the supervisory authority.
18/2
The Directorate of financial intelligence is authorized to request additional information directly from a designated non-financial business or profession in all cases, whether or not that designated non-financial business or profession has submitted a report under article 15 of the Law, or the Directorate’s request is in relation to such report. The Directorate does not have to consult or involve the supervisory authority.
Article 19
The Directorate may on its own motion or by request, disseminate information and the results of its analysis to relevant competent authorities when there are grounds to suspect that a transaction is related to money laundering or a predicate offence. The Directorate shall have the authority to carry out its function freely, including the autonomous decision to conduct analysis, request, disseminate or forward specific information. 19/1
When disseminating any information or the results of its analysis to competent authorities, the Directorate of financial intelligence shall use dedicated, secure and protected channels.
Article 20
Every person with duties for or within the Directorate is required to keep confidential any information obtained within the scope of these duties, even after the cessation of those duties. 20/1
The Directorate of financial intelligence shall ensure that their staff members have the necessary security clearance.
20/2
The Directorate of financial intelligence shall take appropriate measures to ensure that their employees understand their responsibility in dealing with sensitive information, and its dissemination
Article 21
Information disclosed to the Directorate may be exchanged with other competent authorities. The Directorate may enter into an agreement or arrangement with competent authorities to facilitate cooperation and information exchange. Article 22
1- The Directorate may, , seek from or share with a foreign counterpart any information it has received in the course of its functions, and the Directorate may enter into an agreement or arrangement as per the legal procedures to facilitate the exchange of information with a foreign concerned authority. 2- Whenever the Directorate provides information under this Article to a foreign counterpart, it shall obtain from that foreign authority a suitable declaration or undertaking that the information provided by the Directorate will only be used for the purpose for which it was sought, unless the foreign counterpart agency seeks and obtains the agreement of the Directorate for the information to be used for another purpose. 22/1
Where the Directorate of financial intelligence receives information from a foreign counterpart, it shall use the information received only for the purpose for which it was sought, unless the foreign counterpart grants its approval that the Directorate may use the information obtained for another purpose. The Directorate provide the feedback for the foreign counterpart, if feasible and upon request it receives, on the information disseminated by the counterpart agency, or the outcome of the result based in the information provided.
V. Customs Disclosure
Article 23
1- Any person who enters or leaves the Kingdom of Saudi Arabia in possession of currency, bearer negotiable instruments, gold bars, precious metals or stones or jewelry exceeding the value threshold set by the Implementing Regulation, or who arranges for the transportation thereof into or out of the Kingdom by cargo, courier, postal service or through any other means, shall declare to the General Directorate of Customs and the Directorate shall request additional information on the source and the purpose of the use. 2- The General Directorate of Customs shall seize the currency, bearer negotiable instruments, gold bars, precious metals or stones or jewelry for (72) hours in case of the suspicious of the ML or predicate offence including cases not exceeding the value threshold set in Sup (1) in this Article, and in case of violating the declaration obligation or the false declaration. 3- In the case of violating the declaration obligation or the false declaration and no suspicious in the ML or predicate offence, The General Directorate of Customs shall imposed a fine as clarified in the Implementing Regulation. 4- The General Directorate of Financial intelligence shall obtain all information that the General Directorate of Customs obtained. 5- The Implementing Regulation shall set forth rules and procedures related to declarations and the powers of General Directorate of Customs to implement the declaration obligations. 23/1
The value threshold for declarations under Article of the Law shall be SAR 60.000 or its equivalent , which include currency, bearer negotiable instrument, precious metals or stones or jewelry that have to be declared when entering or exiting the kingdom Declarations under Article 23 of the Law shall be made in writing and in accordance with the approved template.
23/2
For the benefit of performing his functions under this Chapter, a customs official shall have the power to stop and search any person or vehicle, including cargo containers and postal deliveries exiting or entering the Kingdom and shall have available all powers provided for in the Common Customs Law. All powers shall be applied and searches be carried out in accordance with Common Customs Law, its Implementing Regulation and relevant Administrative Resolutions including how the inspection is preformed
23/3
The General Directorate of Customs may stop or seize, partially or in full, any currency, bearer negotiable instrument, gold bars, precious metals or stones or jewelry for up to (72) hours, in the following cases:
a. The value or amount of currency, bearer negotiable instrument, gold bars, precious metals or stones or jewelry was not declared or not declared truthfully as required under the Law. b. If there is a suspicion that such currency, bearer negotiable instrument, gold bar or precious metal or stone or jewelry is proceeds of crime or instrumentalities, or is related to a money laundering or a predicate offense, including in cases where the threshold under Article 23/1 is not met; or
The General Directorate of Customs shall immediately inform the Public Prosecution of the seizure, the General Directorate of Customs shall request and obtain additional information from the carrier about the origin and the intended use thereof.
23/4
The General Directorate of Customs shall prepare an incident report. In case the measure was taken by another security agency, the security agency shall prepare an incident report and refer the case to the General Directorate of Customs. Then the custom conduct preliminary investigation, and the reasons of declaration failure, false declaration, or suspicions of money laundering or predicate offence. Seized items are deposited by customs in account designated for within the custom.
23/5
Prior to expiration of the provisional seizure, the General Directorate of Customs shall ask the Public Prosecution to extend the seizure, and the Public Prosecution may inform the Custom to extend the provisional seizure to a period not exceeding 60 days, according to the law. If there is a need to extend the provisional seizure, if there are reasonable grounds for the suspicion or that the continued detention of the seizure items is justified while its origin or derivation is further investigated or consideration is given to instituting a criminal investigation related to the predicate offense or ML crimes, the Public Prosecution may ask the competent court as per the provision stipulated in the Criminal Procedures law, and the Public Prosecution shall investigate on the origin of the funds and the intended use.
23/6
Any person who fails to or makes a false declaration, and the custom convinced on the reasons behind that, and provided that no suspicious related to the ML or predicated offences, the custom shall impose a fine for 25% of the seizure items if the first time, 50% for any repeating cases.
23/7
In all case, if there is suspicious related to predicted offences or ML, after completing the initial procedures, the case shall be refer to the Public Prosecution for further investigation, and notification shall be made to the Directorate of financial intelligence.
23/8
In case a departing traveler was carrying gold bar or precious metal or stone or jewelry of a value exceeding SAR 60,000 when departing or entering the Kingdom, he/she shall visit Customs offices at the port to declare them, and present a receipt of purchase to confirm their value. If it turned out that the goods are for commercial purposes, the ‘Common Customs Law and its Implementing Regulations’ shall apply.
23/9
Upon declaration, a customer officer shall ensure the validity of money not being forged or forfeited.
23/10
In the case of not notifying the Public Prosecution and Custom of the required procedures, the custom shall request the Public Prosecution to left the seizure on the currency, bearer negotiable instrument, precious metals and stones, gold bars, or jewelry.
23/11
These measures shall apply to companies, financial institutions, designated non-financial businesses and professions, non-profit organizations, gold vendors, Hajj and Umra missions and service providing companies concerned with transferring cash, postal and non-postal packages and shipments, while preserving their right to conduct business.
23/12
Saudi Customs shall establish a database including the information contained in decoration form, the incident reports; other related information, the suspicious cases of ML or predicted offences, while notifying the General Directorate of Financial intelligence immediately, and provide access to the Directorate, and the Directorate request more information.
23/13
Saudi Customs shall prepare and develop a declaration form as provided for in this Article in coordination with other authorities and distribute it to ports of entry/exit.
23/14
The General Directorate of Customs, in coordination with other competent authorities, shall take the necessary measures to inform the instructions with all possible means, and provide prominent warning sign in all boarder ports, illustrating procedure and sanctions to be applied against violators.
23/15
If within 60 days from the first seizure by the General Directorate of Customs no person has asserted a claim to the seized currency, bearer negotiable instrument, gold bar, or precious metal or stone or jewelry; or if the suspect has escaped or could not be caught, the currency, gold bar, bearer negotiable instrument, precious metal or stone or jewelry shall be considered to be unclaimed and shall be processed in accordance with the provisions of the Common Customs Law in dealing with unclaimed and relinquished goods.
23/16
The General Directorate of Customs may, acting on its own initiative or upon request, cooperate and exchange available and accessible information with or carry out inquiries for a foreign counterpart agency in relation to a money laundering or predicate offense investigation or inquiry, or for the purpose of identifying, tracing or seizing or confiscating proceeds of crime or instrumentalities.
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.
VII. Sanctions
Article 26
Whoever committing a crime of money laundering, as stipulated in Article 2 of the present Law, shall be subject to imprisonment for a period up to ten years and no less than two years, as well as a fine not exceeding five million riyals or both. Article 27
Whoever committing a crime of money laundering, as stipulated in Article 2 of the Law, shall be subject to imprisonment for a period up to fifteen years and no less than three years, as well as a fine not exceeding seven million riyals or both if the crime accompanied by any of the following: 1- Commits the crime through an organized crime syndicate; 2- Uses violence or weapons 3- Occupied a public office and the crime is connected thereto or if such person abuses his/her powers or influence in committing the crime; 4- Trafficking in human beings. 5- Exploits persons or minors and the like; 6- Commits the crime through a correctional, charitable or educational institution or in a social service facility; or 7- Has a prior conviction in the Kingdom or abroad. Article 28
1. A Saudi national who has served his term of imprisonment due to money laundering crime shall be barred from travelling outside the Kingdom for a period equal to the term of imprisonment served. 2. Non-Saudis shall be deported from the Kingdom upon execution of their penalty with no possibility of return to the Kingdom.. 28/1
A Ministry of interior is authorized to expel non-Saudi sentenced to prison on money laundering offences, and never return to the kingdom unless for Umra and Hajj.
Article 29
The court may reduce the sentence of the convicted person as clarified in Article 30, if perpetrator reports to authorities about the money laundering crime, before they have knowledge, other perpetrators to the crime, and if such reporting leads to arresting the perpetrators or seizing crime instrumentalities or proceeds. Article 30
Penalties stipulated in Article 26 may be reduced as per the legal decided circumstances to be imprisonment for a period up to seven years and no less than one year, as well as a fine not exceeding three million riyals or both.
if the perpetrator of the offense provides competent authorities with information they would not have otherwise obtained so as to assist them in:
a. preventing the commission of another money laundering offense or limiting the effects of the offense; b. identifying or prosecuting other perpetrators of the offense; c. obtaining evidence; d. depriving a criminal organization of funds over which the defendant has no right or control. Article 31
1- Without prejudice to the criminal liability of a natural person, any legal person that commits a money laundering offense shall be punished by a fine of no more than 50 million riyals and no less than the equivalent of the double of full value of the funds that were the objects of the offense. 2- A legal person may also be prohibited permanently or temporarily from engaging in certain licensed activities, directly or indirectly, or be ordered to close down its offices, permanently or temporarily, that were used in conjunction with the commission of the offense, or an order be made to liquidate the business. Article 32
The verdict may include publishing a summary of the verdict in local gazette issued at convicted premises, and on the criminal cost. In the case of no gazette issued at the convicted premises, it shall be in another gazette at the nearest area to the convicted premises, or published in another proper means, as per the type of crime, significance and its effect. The publication shall occurred after the final court verdict. VIII. Confiscation
Article 33
Without prejudice to the rights of third parties acting in good faith, in the event of a conviction for a money laundering or predicate offence, the competent Court shall issue an order to confiscate the following:
a. Laundered funds; b. Proceeds of the crime, including proceeds intermingled with funds acquired from legitimate sources up to the value of the intermingled proceeds; and c. Instrumentalities. 2. The competent court shall order the confiscation of funds regardless of whether the funds are held or owned by the defendant or a third party. Funds may not be confiscated if a third party can establish that he/she acquired the funds by paying a fair price or in return for the provision of services corresponding to the value of such funds or based on other legitimate grounds, and that he/she was unaware of their illicit origin. 3. The competent court may invalidate or prohibit an activity, whether contractual or otherwise, if one or more of the parties knew or should have known that such an activity could prejudice the ability of the competent authority to recover funds subject to confiscation. Article 34
The competent court shall order confiscation associated with money laundering not convicted in case of the court verdict is not issued due to the perpetrator death or escape or the difficulty of recognize him/her or in case of the absence. Article 35
1- In cases where confiscation is not possible because the funds are no longer available for confiscation or cannot be located, the court shall order confiscation of any other funds owned by the convict in order to recover an amount that is equivalent in value. 2- The court shall issue a confiscation order of any other funds owned by the convict to complete the required amount of the confiscation if the extent to which the value of the funds confiscated falls short of the value of funds under Article 33. Article 36
Unless other Law stipulates otherwise, confiscated funds shall accrue to the Public Treasury. These funds remain bearing any rights lawfully adjudicated in favor of third parties acting in good faith. 36/1
In the implementation of this Article regarding funds, proceeds or instrumentalities subject to confiscation, the Council of Ministers’ Resolution no. 48, dated 18/2/1421H shall be taking into consideration.
Article 37
As per the provisions set out in this law, when funds, proceeds of crime, used instruments are convicted or intentionally were to use or to recover, the competent authority has the authority to deal with them according to the law, or share them with countries that are signatories with the Kingdom to valid agreements or treaties. 37/1
The competent authority mentioned under this article that are competent to disposal of fund or confiscated instrumanlities is the authority that made the provisional seizure.
37/2
The competent authority mentioned under this article that are competent to share confiscated funds is the Permanent Committee on Mutual Legal Assistance.
IX. International Cooperation
Article 38
Competent authorities may exchange information with and make inquiries or investigation on behalf of foreign counterparts in countries that are signatories with the Kingdom to valid agreements, , or on the basis of reciprocity. This shall be done pursuant to applicable statutory procedures, without prejudice to the national sovereignty of the country or provisions and customs related to confidentiality of information. 38/1
The Public Prosecution may exchange domestically available or accessible information with foreign counterparts for intelligence or investigative purposes relating to money laundering and associated predicate offenses, including for purpose of identifying, tracing or securing proceeds of crime or instrumentalities. The Public Prosecution may use all of its powers available in a domestic case also to conduct inquiries and obtain information on behalf of a foreign counterpart.
38/2
Criminal investigating officers, each within their own purview, in coordination with competent authorities may exchange domestically available or accessible information with foreign counterparts for intelligence or investigative purposes relating to money laundering and associated predicate offenses, including for purpose of identifying, tracing or securing proceeds of crime or instrumentalities. Criminal investigating officers may use their powers available in a domestic case also to conduct inquiries and obtain information on behalf of a foreign counterpart; and may form joint intelligence teams to conduct cooperative intelligence, or establish bilateral or multilateral arrangements to enable such joint intelligence.
Article 39
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.
Article 40
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.
Article 41
The accused or convicted for Money laundering crime can be extradited from and to another country, which is a signatory with the Kingdom to a valid agreement or on the subject to the principle of reciprocity . In case of the rejection of the extradition, the competent courts in the kingdom undertake the trial and may benefit from the investigations were provided by the requested country. The Implementing Regulation shall further prescribe the conditions for extradition. 41/1
The extradition process is governed by the bilateral agreements signed between the kingdom and the requested country, or multilateral agreements ratified by the kingdom as per the applicable law.
41/2
The Kingdom may refuse to extradite Saudi nationals. Where a request for extradition is denied based on nationality of the accused or convict, the public prosecution shall, without delay, determine whether there are grounds for prosecution of the offense set forth in the request.
41/3
Extradition shall be subject to dual criminality. The dual criminality principal is available when the request country and the kingdom criminalized the act subject to the extradition, regardless the classification of the act as per the criminal laws.
41/4
The following requirements shall be included in the extradition:
A. Received a written and through the official channels; B. Attached a certified copy, or request the original of the conviction, or the detention order related to the extradited person, C. A statement on the crimes the extradition sought, including the widest range of information available, such as the time and location of the crime. D. The legal text, or the statement of the legal ground, to allow for assessing the request, E. The necessary information to identify the wanted persons, F. Any other information seek by the competent authority deemed necessary to execute the request.
Article 42
The Permanent Committee for Mutual Legal Assistance shall be responsible for receiving mutual legal assistance requests in all money laundering and associated predicate crimes. 42/1
The Permanent Committee for Mutual Legal Assistance at the Ministry of Interior shall arrange for the execution of mutual legal assistance requests and for any arrangements deemed necessary to transmit the evidentiary material gathered in response to a request for assistance to the competent authority of the requesting State. Where a request for mutual legal assistance results, directly or indirectly, in the confiscation of funds, the Permanent Committee for Mutual Legal Assistance shall determine whether the confiscated funds shall be shared with the requesting country.
X. Concluding Provisions
Article 43
1- the Public Prosecution, either upon its own motion or upon request by the criminal investigating officer, may order that any person or FIs -through the supervisory authority-or DNFBPs or NPOs provide records, document or information. The requested entity shall execute the order as specified in the order, accurately, and without delay. The Implementing Regulation of this law shall clarify the relevant mechanisms. 2- Whoever has been served with an order under Sup (1) in this Article shall not disclose to any person the existence or operation of the order, except where such a disclosure is made to other staff or members of the management for the purpose of obtaining advice or determining steps to comply with the order. 43/1
The supervisory authority, when receiving request from the public prosecution to provide records, documents, or information subject to confidentiality, shall, without delay and prior notice to the party concerned, forward the order to the financial institution, requesting it to produce the requested records, documents or information within the timeframe and in the manner and form as stipulated in the order.
43/2
Immediately upon receiving of the produced records, document or information, the supervisory authority shall notify the Public Prosecution of that fact and provide the produced records, documents or information, as and within the timeframe stipulated by the Public Prosecution.
43/3
The supervisory authority shall not have any power to review any orders issued by the Public Prosecution on the merits, to refuse its assistance in the implementation of any particular order, or to filter or withhold any records, documents or information produced by the financial institution.
Article 44
1- The Public Prosecution, either of its own motion or upon request by the Directorate of financial intelligence or the criminal investigating officer, based on a suspicion of money laundering or a predicate offence, may order the provisional seizure of funds that are or may become subject to confiscation for a period not exceeding 60 days. An order under this Article shall be issued and executed without prior notice to the party concerned. An order under this Article may be extended for a longer period pursuant to a judicial order from the competent court but shall not prejudice the rights of bona fide third parties. 2- Upon the issuance of the provisional seizure, the Public Prosecution may determine that the funds subject to the order remain under the management of the person that held an interest in it at the time of issuance of the order or a third party, or such funds be transferred by order from the competent court to a designated authority if this is deemed necessary to mitigate the risk of dissipation of the funds. Article 45
Without prejudice to the provisions of the criminal procedures law, the Public Prosecution may, at its own motion or upon the request of the criminal investigating officer, may issue a warrant permitting the criminal investigating officer or the investigator to enter houses, offices or the Headquarters of the reporting entity to search for, detect and arrest persons, or to search for and seize funds, properties, documents, evidence or information relating to a predicate crime or a ML crime at any time during the period specified in the Search Warrant. In case of urgency, there is no need to obtain a warrant, provided that a report will be written indicating the reasons and grounds of urgency. The order under this Article should be made ex parte and without prior notice to the party concerned. The Public Prosecution will inform the supervising authority of the reporting entities on the procedures taken in this regard. Article 46
Without prejudice to the provisions of the criminal procedures law, the Public Prosecution may, at its own motion or upon the request of the criminal investigating officer, may issue a reasoned order permitting the criminal investigating officer or the investigator to monitor, control, record, intercept, seize and have access to all forms of evidence, records and messages including letters, publications, parcels, all forms of communications, telephonic conversations, information and data saved in computers, as specified in the Order, whether for a predicate crime or a ML crime. The order under this Article should be made ex parte and without prior notice to the party concerned . Article 47
The competent court shall have jurisdiction to decide on all crimes provided for in this Law. Article 48
The Public Prosecution shall investigate and prosecute crimes stipulated in the Law at the competent court, and it shall issues guidelines and instruction to the competent authorities under its supervision by the criminal procedures law. Article 49
Criminal investigating officers shall have the responsibility of searching, enquiring, and gathering evidence in relation to crimes stipulated in this law each within their own purview as well as criminal and administrative investigation aimed at identifying, tracing or securing proceeds of crime or instrumentalities. 49/1
The investigating officer, may issue a reasoned order permitting an investigating officer to conduct an undercover operation for the purpose of gathering evidence of a money laundering or predicate offense. An undercover operation is an operation for intelligence conduct by the investigation officer to gain evidence or information related to the criminal behavior.
49/2
Investigating authorities may conduct or participate in a controlled delivery under the supervision of Ministry of interior.
49/3
Investigating authorities may take the necessary measure to reach the perpetrator.
Article 50
The President of the State Security, upon agreement with the Minister of Finance and the Attorney General of the Public Prosecution, shall issue the Implementing Regulations of this Law within no more than ninety days from the date of its issuance. Article 51
1- This Law shall supersede the Anti-Money Laundering Law, issued by Royal Decree No. M/31, dated 11/5/1433H. 2- This Law shall supersede all provisions conflicting with it. 3- This Law shall come into force one day from the date of its publication in the Official Gazette.