Implementing Regulation of the Law of Combating Narcotics and Psychotropic Substances

Article 1

  • 1- The Minister of Health shall determine the accredited laboratories for conducting laboratory tests for narcotic substances and psychotropic substances, as well as samples taken from the accused.

  • 2- The laboratory analysis shall be approved by two specialized experts in the following:

    • A- The result of identifying the nature of the seized substance and proving its positivity or negativity for the narcotic or psychotropic substance and its level of danger.

    • B- The result of analyzing the samples taken from the accused.

  • 3- The Ministry of Health shall prepare the specific forms for laboratory tests and approve them in coordination with the Ministry of Justice.

  • 4 - The Ministry of Health shall determine the method of taking samples and the necessary quantities for analysis in coordination with the Ministry of Interior.

Article 2

Article 3

  • 1- The authorities responsible for monitoring offenders of the crimes stipulated in the Narcotic Drugs and Psychotropic Substances Control Law are: the General Directorate for Drug Control and any relevant authority at the location of the crime and its jurisdiction.

  • 2 - The authorities responsible for prosecuting offenders of the crimes stipulated in the Narcotic Drugs and Psychotropic Substances Control Law are: any entity with the capacity for criminal enforcement or conducting criminal enforcement activities or investigation or trial - each within the scope of their duties - in accordance with the provisions of the Narcotic Drugs and Psychotropic Substances Control Law, this regulation, and the Criminal Procedure Law.

Article 4

  • The competent authorities in requesting assistance from other countries in controlling smuggling or illegal trafficking of drugs or psychotropic substances on a vessel in high seas are:

  • 1- The General Directorate for Drug Control.

  • 2 - The International Police Communication Department (Interpol).

Article 5

  • 1- The competent authorities for pursuing and punishing any Saudi citizen who commits a crime outside the Kingdom, as stipulated in Article (3) of the Anti-Narcotics and Psychotropic Substances Law, are: the General Directorate for Drug Control, the Bureau of Investigation and Public Prosecution, and the competent courts.

  • 2- The lawsuit is initiated based on an official request from the competent authorities in the country where the crime was committed, or a statement issued by an official entity, provided that the request or statement is accompanied by certified copies of the documents relied upon in directing the accusation, including the facts of the crime, its descriptions, and a statement of the evidence supporting it.

Article 6

  • 1- The competent authorities for prosecuting individuals accused of participation in committing one of the crimes stipulated in Article (3) of the Anti-Narcotics and Psychotropic Substances Law outside the territory of the Kingdom are:

    • أ - The General Directorate for Drug Control.

    • B- The International Police Communication Department (Interpol).

  • 2 - In taking the procedures referred to in Article (8) of the Anti-Narcotics and Psychotropic Substances Law, the provisions of international agreements shall be observed.

Article 7

  • 1- The authority authorized to consider requests for assistance is: The Committee for Mutual Legal Assistance at the Ministry of Interior, to which all requests for legal assistance are referred.

  • 2- In requests for assistance, their form and content, and the response to them, whether acceptance, rejection, or postponement, as well as the conditions for their use, the provisions of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and its executive regulations shall be taken into account.

Article 8

  • 1- The competent authorities authorized to allow the entry or transit of narcotic substances or psychotropic substances or their substitutes through the territory of the Kingdom or to exit from it are: the General Directorate for Drug Control and the Customs Authority.

  • 2 - Controls and conditions for monitored delivery:

    • A - If the shipment targets the territory of the Kingdom, it must:

      • 1 - The claim must be written in Arabic.

      • 2- The claim must include the available information about the exporter of the shipment, its carrier, the means of transport, the type of narcotic substance or psychotropic substance, and the individuals involved in committing the crime who are present within the territory of the Kingdom.

      • 3- The requesting party must commit to apprehending the exporter of the shipment and the other accused individuals - whether the individuals involved within the Kingdom have been apprehended or not for any reason - and provide the competent authority in the Kingdom with the results of the investigations and trial in the case.

      • 4- The competent authorities in the Kingdom must ensure accuracy during their enforcement procedures and verify that there is no incitement, entrapment, or deception of others; if any indication of such appears, they must promptly halt or cancel the procedures and inform the requesting state's authorities.

      • 5- The presence of the narcotic substances or psychotropic substances subject to monitored delivery or part of the quantity in case of an agreement to replace them.

      • 6- The claim must include what has been agreed upon regarding the shipment subject to delivery and the means of transport, whether the involved individuals have been apprehended or not.

      • 7- Customs and the Drug Control Department must verify the shipments agreed to be subjected to monitored delivery at the outlet through which the shipment will pass, based on a joint report. The shipment, after being inventoried along with the means of transport - if available - shall then be handed over to the Drug Control Department to complete the remaining procedures.

    • B- If the shipment is required to pass through the territory of the Kingdom to the territory of another state, it must:

      • 1 - The claim must be written in Arabic.

      • 2- Customs must verify the presence of the narcotic substance or psychotropic substance subject to delivery or the materials that have replaced them according to what is stated in the delivery request.

      • 3- The Drug Control Department, in coordination with any competent authority within the Kingdom, must monitor this shipment until it exits the territory of the Kingdom and is delivered to the authorities of the other state.

      • 4- The claim must include complete information about the shipment as well as the approval of the destination state. If it is to pass through the territories of several states after leaving the territory of the Kingdom, the competent authority in the requesting state must coordinate with those states and obtain their approval and attach proof of that.

    • C - If the shipment is discovered within the territory of the Kingdom while on its way to the territory of another state, it must:

      • 1 - The claim must be written in Arabic.

      • 2- The competent authorities in the Kingdom must agree with the authorities of the destination country on whether to send the shipment itself or to replace it.

      • 3- If it is agreed to send the shipment of narcotic substances or psychotropic substances without replacing them, samples must be taken from the quantity.

      • 4- The claim must include what has been agreed upon regarding the shipment subject to delivery and the means of transport, whether the involved individuals have been apprehended or not.

      • 5- In all cases, if the shipment contains any other prohibited substance besides narcotic substances or psychotropic substances, the Drug Control Departments must coordinate with the relevant competent authorities before initiating any procedures for the monitored delivery cases mentioned.

      • 6- The procedures mentioned in the previous paragraphs shall be taken after the approval of the Minister of Interior or his delegate, provided that he coordinates with Customs regarding them.

      • 7- The Minister of Interior - or his delegate - may, in cases he deems appropriate, exempt from these controls and conditions, provided that the competent authorities verify the presence of the narcotic substances or psychotropic substances and their hiding place, and they may suffice with observation without searching them.

Article 9

Article 10

  • The quantity required for import or export shall be reduced according to the following controls:

  • 1 - The quantity intended for import shall not exceed the quantity stated in the facility's needs approved by the Saudi Food and Drug Authority.

  • 2 - The data and quantity of the material intended for export must match the data and quantity of the material or part of the quantity in the import license issued by the country to which the export is intended.

  • 3 - The quantity intended for export shall not exceed the annual needs approved for the country to which the export is intended by the International Agency for the Control of Narcotics.

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