In this Law, the following terms and phrases shall have the meanings assigned thereto:
Law: Anti-Concealment Law.
Regulations: Implementing regulations of the Law.
Ministry: Ministry of Commerce.
Minister: Minister of Commerce.
Non-Saudi: A natural or legal person who does not hold Saudi citizenship and is not treated as a holder thereof.
Economic Activity: Any for-profit activity that requires approvals or licenses from the competent authorities, be it an investment or service provision activity, or commercial, professional, industrial, agricultural, or otherwise.
Proceeds: Any funds directly or indirectly generated or acquired, in the Kingdom or abroad, by committing any of the offenses provided for in Article 3(a) and (b) of this Law, including funds that are exchanged or converted in whole or in part to funds of a similar nature.
Provisional Seizure: Temporary ban on the transport, transfer, exchange, disposal, or movement of funds, or the seizure thereof, pursuant to an order issued by the criminal court or competent authority.
In this Law, concealment shall mean an agreement or arrangement whereby a person enables a non-Saudi to practice an economic activity in the Kingdom that he is not licensed to practice by using the license or approval issued in his favor.
The following acts shall be deemed offenses under this Law:
a) A person who, for his benefit, enables a non-Saudi to practice in the Kingdom an economic activity he is not licensed to practice, whether by enabling him to use his name, license or approval, commercial register, trade name, or the like.
b) A non-Saudi who practices in the Kingdom an economic activity he is not licensed to practice, for his benefit, through a person who enables him to do so.
c) Participating in the commission of the two offenses provided for in paragraphs (a) and (b) of this Article. Any person who knowingly incites, assists, or provides advice to another person to commit an offense shall be deemed an accomplice therein if the offense is committed or continues to be committed based on such incitement, assistance, or advice.
d) Obstructing or preventing officers in charge of enforcing this Law from performing their duties, including failure to disclose information or providing false or misleading information.
The following acts shall be deemed violations under this Law:
a) An entity illegally granting a non-Saudi the means which allow him to have unrestricted authority over such entity.
b) A non-Saudi illegally possessing or using any means which allow him to have unrestricted authority over an entity.
c) An entity using a bank account other than its own for its economic activity transactions.
d) The Regulations shall determine the provisions relating to this Article, taking into account the cases where the granting or possession of said means is made in good faith.
1. The Ministry shall have the jurisdiction to monitor, receive reports, and record the offenses and violations provided for in this Law.
2. The Public Prosecution shall have the jurisdiction to investigate and prosecute the offenses provided for in this Law.
3. The criminal court shall have the jurisdiction to consider and rule on the offenses provided for in this Law.
4. Pursuant to a decision by the Minister, a committee shall be formed of at least three members, provided that the chairman and at least one member are legal specialists. The committee shall review any violations of the provisions of Article 4 and impose the penalties stipulated in Article 14 of this Law. The committee’s work procedures and the remunerations of its members and secretariat shall be determined pursuant to a decision by the Minister.
1. The offenses and violations provided for in this Law shall be recorded by officers from the Ministry; the Ministry of Municipal and Rural Affairs; the Ministry of Human Resources and Social Development; the Ministry of Environment, Water, and Agriculture; the General Authority of Zakat and Tax; and other relevant agencies; said officers shall be appointed pursuant to a decision by the Minister upon being nominated by their respective agencies and shall have the capacity of preliminary investigation officers.
2. The Regulations shall determine the criteria for nominating officers who will be granted the capacity of preliminary investigation officers.
3. Officers having the capacity of preliminary investigation officers shall, individually or collectively, conduct inquiries, gather evidence, carry out preinvestigation procedures, and record offenses and violations provided for in this Law; such officers shall have the following powers:
a) Entering and inspecting the suspected entity and its offices, branches, and warehouses, as well as searching its vehicles; such action shall include any site where an economic activity is practiced.
b) Inspecting and seizing the suspected entity’s records, data, and documents.
c) Accessing the entity’s surveillance camera recordings.
d) Requesting any person or agency to disclose and provide information relating to the entity’s activities.
e) Sealing sites and safes that cannot be accessed until after being inspected.
f) Summoning suspects and persons who have information that may be useful in uncovering an offense or violation and recording their statements.
g) Seeking the assistance of the police and relevant agencies, if necessary. Any person having the capacity of a preliminary investigation officer shall present proof thereof when exercising such powers.
4. The Regulations shall determine the rules and procedures which the officers must adhere to when performing their duties and when exercising the powers stipulated in this Article.
5. Recording procedures shall be confidential, and the entity’s information, records, data, and documents may not be disclosed or revealed except for work purposes, in accordance with relevant laws and rules.
6. Rules relating to granting financial rewards to officers who uncover the offenses and violations provided for in this Law shall be issued pursuant to a resolution by the Council of Ministers upon the Minister’s recommendation.
The offenses and violations provided for in this Law shall be established by all means of proof, including electronic evidence.