First: Cases Prohibiting Banks, Financial Institutions, and Licensed Currency Exchange Operators from Disclosing Information to Government and Non-Government Entities
No: 391000079052 | Date(g): 29/3/2018 | Date(h): 12/7/1439 | Status: In-Force |
Translated Document
Effective from 2018-03-28 - Mar 27 2018
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Several regulations and guidelines have authorized certain entities to request information, documents, or disclosure of customer banking relationships and accounts. However, they require that such requests be submitted through SAMA. These are as follows:
1- Criminal Cases: Article (58) of the Executive Regulations of the Law of Criminal Procedure issued by Minister Council Decision No. (142) dated 21/3/1436 AH specifies the competent authority for requesting such information. It states: "The seizure of funds and balances held by banks and their attachment, as well as inquiries about them, shall be conducted during the investigation phase." This request must be directed to SAMA by the head of the branch of the Authority in the region or by an authorized authority.
2- Civil Cases: The specialized judicial authorities are responsible, based on The Enforcement Law issued by Royal Decree No. (M/53) dated 13/8/1433 AH and its Executive Regulations, and The Law of Civil Procedures issued by Royal Decree No. (M/1) dated 22/1/1435 AH. These laws grant judicial authorities various powers in this regard through a request directed to SAMA.
This has been previously confirmed by the written telegram circular issued by His Royal Highness the Minister of Interior, No. (89853) dated 30/6/1436 AH, which emphasizes that requests for information, documents, disclosure of banking relationships and accounts, or their attachment must be made through SAMA upon request from the Public Prosecution in criminal cases or from judicial authorities in civil cases.
3- Powers granted to certain other government entities under their regulations: Some other public entities' regulations include exceptional powers to request specific information about certain bank customers and licensed exchange operators in the Kingdom who are relevant to their activities. Requests for such information must follow the same procedures as those for criminal and civil cases, meaning they should be made through SAMA and with its approval based on objective criteria (objective and substantiated facts and circumstances) provided.
Therefore, banks, financial institutions, and licensed exchange operators in the Kingdom, when receiving a direct request from government or non-government entities related to the above-mentioned cases, must respond in writing by declining to fulfill the request. The response should reference the number and date of SAMA's instructions and indicate that such requests should be made through SAMA, either upon request from the Public Prosecution in criminal cases or from the competent judicial authorities in civil cases. For requests from authorized government entities, they should be directed to SAMA directly (Enclosed is a guideline template for responding to entities).