• 1. The words and phrases contained in this Regulation shall have the meanings set forth opposite each of them in Article (One) of the Anti-Concealment Law, issued by Royal Decree No. (M/4) dated 1/1/1442 AH.
• 2. The following words and phrases - wherever they appear in the Regulation - shall have the meanings set forth opposite each of them:
  • Establishment: Anyone who practices an economic activity, including a sole proprietorship, a company, or any other legal form.
  • Control Officer: The officer who has the status of criminal control, appointed by a decision of the Minister to control crimes and violations stipulated in the Law, and to collect the necessary information and evidence for investigation and accusation.
  • Committee: The committee stipulated in paragraph (4) of Article (Five) of the Law.

• Subject to the Foreign Investment Law and related regulations, it is considered one of the instruments that lead to absolute disposition over the establishment, which the establishment is not permitted to grant to a non-Saudi who has not been licensed, nor is it permitted for such person to possess or use it unlawfully. This includes any contractual or non-contractual arrangement or procedure that enables the exercise of dispositions and enjoyment of the rights and powers granted to the owners of the establishment or its partners, as applicable, and includes the following:

  • A. That the revenues, profits, or returns from contracts concluded by the establishment, directly or indirectly, accrue to the account of the non-Saudi rather than the account of the establishment, including collecting proceeds or returns from the sale, transfer of assets, or liquidation of the establishment for their own account, or receiving any variable financial return or consideration of any kind that is disproportionate to the nature of the work assigned to be performed in the establishment, taking into account employment contracts that grant the employee the right to receive a share of the establishment’s profits or revenues.
  • B. Financing the establishment or any of its economic activities.
  • C. The authority to appoint and dismiss the establishment’s manager.
  • D. Possession of commercial papers, documents, or contracts of the establishment signed in blank.
  • E. Approval of the profits distributed to the partners in the company and the method of their distribution.

• It is a condition for naming or appointing an enforcement officer to exercise the powers and tasks stipulated in the law and regulation as follows:

  • A. To be of Saudi nationality.
  • B. To have good conduct and behavior and to be competent and trustworthy.
  • C. Not to have been convicted of a crime involving honor and trust, unless he has been rehabilitated.
  • D. To have practical experience in enforcement and inspection work, or an appropriate university qualification.
  • E. To successfully pass the practical training and the test approved by the Ministry.

• The control officer, when conducting investigation, inquiry, evidence collection, and apprehension of crimes and violations stipulated in the law, must comply with the provisions of the law, the regulation, the Implementing Regulations of the Law of Criminal Procedure, and the related laws, regulations, and decisions, in addition to the following:

  • A- Presenting what indicates his official status and stating the purpose of his visit when performing his duties.
  • B- Exercising due diligence when performing his duties and carrying them out with neutrality, honesty, and confidentiality.
  • C- Disclosing any relationship with the suspect or any conflict of interest, if any.
  • D- Adhering to the ethical charter and the procedural guide for supervisory work approved by the Ministry.
  • E- Exercising the powers granted to him under the law and the regulation in accordance with the powers matrix issued by a decision of the Minister.

The use of electronic means is permitted when exercising the powers of enforcement and performing its duties.

• The control officer, upon seizing what constitutes evidence or a presumption of committing a crime or violation under the provisions of the law, shall prepare a report including the following information and data:

  • A. Name of the control officer and his workplace.
  • B. Place and date of seizure of the crime or violation, including the day and time.
  • C. Reasons prompting the seizure of the items and the legal basis for that.
  • D. A statement of the seized items, their number, description, and place of seizure.
  • E. Description of the incident subject to the seizure, and the information and documents obtained.
  • F. Names and personal identification numbers of suspects, witnesses, or those who have related information, along with their statuses.
  • G. Data and descriptions of the suspected establishment, including: type of activity, commercial register, municipal license, and economic activity license, as applicable.
  • H. Addresses of the suspects and means of contacting them through which they are notified.
  • I. Statement of the documents required to be submitted to the Ministry.
  • J. Signature on the report by the control officer and those from whom the evidence or presumption was seized; in case of refusal to sign, this shall be recorded at the end of the report.