The
English version of this document is for guidance only.
The Arabic version is the governing text.
Article
One :
The
following terms and phrases, wherever mentioned in this Law,
shall have the meanings following them, unless the context
requires otherwise.
Money
laundering: Committing or attempting to commit any act
for the purpose of concealing or falsifying the true origin
of funds acquired by means contrary to Shari'ah or law, thus
making them appear as if they came from a legitimate source.
Funds:
Assets or properties of whatever type, material or intangible,
movable or immovable, along with the legal documents and deeds
proving the ownership of the assets or any right pertaining
thereto.
Proceeds: Any
funds obtained or acquired, through direct or indirect means,
by committing a crime punishable pursuant to the provisions
of this Law.
Means:
Anything used or prepared for use in any form for committing
a crime punishable pursuant to the provisions of this Law.
Financial
and non-financial institutions: Any institution in the
Kingdom undertaking one or more of the financial, commercial
or economic activities such as banks, exchange bureaus, investment
or insurance companies, commercial companies, sole proprietorships,
vocational activities or any other similar activity specified
by the implementing regulations of this Law.
Transaction: Any
disposal of funds, properties or proceeds in cash or in kind
including, for example: deposit, withdrawal, transfer, sale,
purchase, lending, exchange or use of safe deposit boxes and
the like as specified by the implementing regulations of this
Law.
Criminal
activity: Any activity
constituting a crime punishable by Shari'ah or law including
the financing of terrorism, terrorist acts and terrorist organizations.
Preventive
Seizure: Temporary ban on transport, transfer, exchange,
disposal, movement, possession, or seizure of funds and proceeds,
pursuant to an order issued by a court or a competent authority.
Confiscation:
Permanent dispossession and deprivation of funds, proceeds
or means used in a crime, pursuant to a judiciary judgment
issued by a competent court.
Monitoring
body: The governmental
authority empowered to grant licenses to financial and non-financial
institutions and to monitor and supervise these institutions.
Competent
authority: Any governmental
agency entrusted, according to its jurisdiction, with combating
money laundering transactions.
Article
Two :
Anyone
who carries out any of the following acts shall be committing
the crime of money laundering:
(a)
Conducting any transaction involving funds or
proceeds, with the knowledge that they are the result of a
criminal activity or have an illegitimate or illegal source.
(b)
Transporting, acquiring, using, keeping, receiving,
or transferring funds or proceeds, with the knowledge that
they are the result of a criminal activity or have an illegitimate
or illegal source.
(c)
Concealing or falsifying the nature of funds or
proceeds or their source, movement or ownership, place or
means of disposal, with the knowledge that they are the result
of a criminal activity or have an illegitimate or illegal
source.
(d)
Financing of terrorism, terrorist acts and terrorist
organizations.
(e)
Participating through agreement, assistance, incitement,
providing of consultation and advice, facilitating, colluding,
covering up or attempting to commit any of the acts specified
in this article.
Article
Three :
Anyone
who carries out or participates in any of the acts specified
in Article Two of this Law shall be committing a money laundering
crime, including chairmen of the boards of directors of financial
and non-financial institutions, board members, owners, employees,
authorized representatives, auditors or their hired hands
who act under these capacities, without prejudice to the criminal
liability of the financial and non-financial institutions
if that crime has been committed in their names or for their
account.
Article
Four :
Financial
and non-financial institutions shall not carry out any financial
or commercial transaction or otherwise under a fake or unknown
name. The identity of the clients shall be verified according
to official documents, at the initiation of dealing with the
clients or when concluding commercial deals whether directly
or on the clients' behalf. These institutions shall verify
the official documents of the entities of corporate capacity
that show the name of the institution, its address, names
of proprietors and managers authorized to sign on its behalf
and so forth, as provided for by the implementing regulations
of this Law.
Article
Five :
Financial
and non-financial institutions shall keep- for a period of
not less than ten years from the date of expiry of the transaction
or of closing the account– all records and documents, for
the purpose of clarifying financial, commercial and cash transactions,
whether domestic or foreign as well as preserving the account
files, commercial correspondence and photocopies of documents
of personal identities.
Article
Six :
Financial
and non-financial institutions shall establish precautionary
measures and internal monitoring to discover and suppress
any of the crimes specified in this Law and comply with the
instructions issued by the competent monitoring bodies in
this regard.
Article
Seven :
Upon
availability of sufficient indications and evidence indicating
that a complex, huge or unusual deal and transaction have
been performed or that a transaction raises doubt and suspicion
concerning its nature and purpose, or is related to money
laundering, financing of terrorism, terrorist acts, or terrorist
organizations, financial and non-financial institutions shall
promptly take the following measures:
(a)
Immediately reporting said transaction to the
Financial Investigation Unit, provided for in Article Eleven
of this Law.
(b)
Filing a report including all available data and
information about the transactions and the parties involved,
and providing the Investigation Unit with said report.
Article
Eight :
As
an exception to the provisions concerning banking confidentiality,
financial and non-financial institutions shall submit documents,
records and information to judicial or competent authorities
upon request.
Article
Nine :
Financial
and non-financial institutions as well as their staff and
others who are bound by the provisions of this Law shall not
alert the clients or allow for their alert or alert other
related parties of suspicion regarding their activities.
Article
Ten :
Financial
and non-financial institutions shall introduce programs for
combating money laundering transactions, provided that said
programs include the following as a minimum:
(a)
Developing and implementing policies, plans, procedures
and internal guidelines, including the appointment of competent
officers at the higher administrative level for their implementation.
(b)
Introducing internal audit and control systems
for monitoring the availability of basic requirements in the
field of combating money laundering.
(c)
Preparing continuous training programs for the
employees concerned, to acquaint them with the latest developments
in the field of money laundering transactions and improve
their abilities to recognize those transactions, their forms
and ways of combating them.
Article
Eleven :
A
unit for combating money laundering shall be established under
the name of "Financial Investigation Unit". Part
of its responsibility shall be receiving notifications, analyzing
them and preparing reports regarding suspicious transactions
in all financial and non-financial institutions. The implementing
regulations of this Law shall specify the seat of this unit,
its formation, powers, method of discharging its duties as
well as its affiliation.
Article
Twelve :
The
Financial Investigation Unit, upon establishment of suspicion,
shall request the authority with jurisdiction as regard the
investigation to apply preventive seizure to the funds, properties
and means associated with the crime of money laundering, for
a period not exceeding twenty days. Should there be a need
for the preventive seizure to continue for a longer period,
it shall be pursuant to a judicial order from the competent
court.
Article
Thirteen :
Information
disclosed by financial and non-financial institutions may
be exchanged -according to the provisions of article (Eight)
of this Law- between these institutions and the competent
authorities, should this information be related to the violation
of the provisions of this Law. The competent authorities shall
abide by the confidentiality of this information and not disclose
it, except as necessary for use in investigations or lawsuits
pertinent to the violation of the provisions of this Law.
Article
Fourteen :
The
implementing regulations of this Law shall specify the rules
and procedures of the disclosure of cash and precious metals
permitted to enter or leave the Kingdom and shall determine
the amounts of money and weights required to be disclosed.
Article
Fifteen :
If
a judgment confiscating funds, proceeds or means is rendered
pursuant to the provisions of this Law, and they are not required
to be destroyed, the competent authority shall dispose of
them according to the law or share them with the countries
that are signatories to agreements and treaties in force with
the Kingdom.
Article
Sixteen :
Anyone
who commits a crime of money laundering, as provided for in
article (Two) of this Law, shall be punished by imprisonment
for a period not exceeding ten years and a fine not exceeding
five million riyals or by either punishment, along with the
confiscation of funds, proceeds and means associated with
the crime. Should the funds and proceeds be mixed with funds
acquired from legitimate sources, said funds shall be subject
to confiscation within the limits equivalent to the estimated
value of the illegitimate proceeds.
The
competent court may exempt from these punishments the owner
of the funds or proceeds subject of the criminal violation,
the possessor or user if he notifies the authorities– prior
to their knowledge- of the sources of the funds or proceeds
and the identity of accomplices, without himself benefiting
from their revenue.
Article
Seventeen :
The
punishment of imprisonment shall be for a period not exceeding
fifteen years and a fine not exceeding seven million riyals,
if the crime of money laundering is coupled with one of the
following cases:
(a)
The perpetrator commits the crime through an organized
crime syndicate.
(b)
The perpetrator uses violence or weapons.
(c)
The perpetrator occupies a public post to which
the crime is connected or exploits his authorities or powers
in the commission of the crime.
(d)
Deceiving and exploiting women or minors.
(e)
Committing the crime through a correctional, charitable,
or educational institution or in a social service facility.
(f)
Issuance of previous local or foreign judgments
convicting the perpetrator, especially in similar crimes.
Article
eighteen :
Without
prejudice to other laws, any of the chairmen of the boards
of directors of financial and non-financial institutions,
or board members, owners, managers, employees, authorized
representatives, hired hands who act under these capacities,
shall be punished by imprisonment for a period not exceeding
two years and a fine not exceeding five hundred thousand riyals
or by either punishment, if they violate any of the obligations
specified in articles Four, Five, Six, Seven, Eight, Nine
and Ten of this Law. The punishment shall be applied to those
performing the activity without obtaining the required licenses.
Article
Nineteen :
Upon
referral by the competent authority and based on a judgment,
a fine of not less than one hundred thousand riyals and not
exceeding the value of funds subject of the crime may be imposed
on financial and non-financial institutions whose responsibility
is proven pursuant to the provisions of articles Two and Three
of this Law.
Article
Twenty :
With
exception to the punishments specified in this Law, anyone
violating its provisions shall be punished by imprisonment
for a period not exceeding six months and a fine not exceeding
one hundred thousand riyals, or by either punishment.
Article
Twenty-One :
The
punishments specified in this Law shall not apply to those
who violate its provisions in good faith.
Article
Twenty-Two :
Information
disclosed by financial and non-financial institutions may
be exchanged between these institutions and the competent
authorities in other countries which are signatories with
the Kingdom to agreements and treaties in force or on the
basis of reciprocity, pursuant to established legal procedures
without violation of the provisions and customs related to
business confidentiality of financial and non-financial institutions.
Article
Twenty-Three :
Upon
request from a competent court or authority in another country
which is a signatory with the Kingdom to an agreement or a
treaty in force or on the basis of reciprocity, the judicial
authority may order seizure of funds, proceeds or means associated
with a money laundering crime, according to the laws in force
in the Kingdom.
Upon
request from a competent authority in another country which
is a signatory with the Kingdom to an agreement or treaty
in force or on the basis of reciprocity, the competent authority
may order tracking of funds, proceeds or means associated
with a money laundering crime, according to the laws in force
in the Kingdom.
Article
Twenty-Four :
Any
conclusive judicial judgment providing for the confiscation
of funds, revenues or means related to money laundering crimes,
issued by a competent court in another country which is a
signatory to an agreement or treaty in force with the Kingdom
or on the basis of reciprocity, may be recognized and enforced
if the funds, proceeds or means provided for in this judgment
may be subject to confiscation, according to the law in force
in the Kingdom.
Article
Twenty-Five :
Chairmen
of the boards of directors of financial and non-financial
institutions, board members, owners, employees, hired hands,
or their authorized representatives shall be exempted from
criminal, civil or administrative liability which may result
from the implementation of the duties provided for in this
Law or upon infringement of any restriction imposed to ensure
information confidentiality, unless their actions are proven
to be in bad faith, with the intent to harm the transaction
holder.
Article
Twenty-Six :
General
courts shall have jurisdiction to decide on all crimes provided
for in this Law.
Article
Twenty-Seven :
The
Bureau of Investigation and Prosecution shall investigate
and prosecute before general courts as to crimes provided
for in this Law.
Article
Twenty-Eight :
The
Minister of Interior, upon agreement with the Minister of
Finance, shall issue the implementing regulations of this
Law within a period of ninety days from the date of its issuance.
Article
Twenty-Nine :
This
Law shall be published in the Official Gazette and shall be
effective sixty days from the date of its publication.
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