Financial Control Law and its Executive Regulation

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  • Royal Decree No. (M/122) dated 10/06/1447 AH

  • By the grace of God Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based onArticle (Seventy) of the Basic Law of Governance,issued by Royal Order No. (A/90) dated 27/08/1412 AH.

  • And based onArticle (Twenty) of the Council of Ministers Law,issued by Royal Order No. (A/13) dated 03/03/1414 AH.

  • And based onArticle (Eighteen) of the Shura Council Law,issued by Royal Order No. (A/91) dated 27/08/1412 AH.

  • After reviewing the Shura Council decisions No. (19/197) dated 04/08/1446 AH, and No. (3/30) dated 07/04/1447 AH.

  • After reviewing the Council of Ministers decision No. (415) dated 04/06/1447 AH.

  • We decree the following:

  • First: Approval of the Financial Control Law, in the attached form.

  • Second: The provisions of the law referred to in item (First) of this decree shall not apply to the Saudi Central Bank, the Oversight and Anti-Corruption Authority, and the General Court of Audit.

  • Third: It is incumbent upon His Highness the Prime Minister, the Ministers, and the heads of the concerned independent bodies - each within their jurisdiction - to implement this decree.

  • Salman bin Abdulaziz Al Saud

  • Decision No. (415) dated 04/06/1447 AH

  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No.28595 dated 09/04/1447 AH, including the telegram of His Excellency the Minister of Finance No.11891 dated 20/11/1442 AH, regarding the draft Financial Control Law. After reviewing the aforementioned draft law.

    After reviewing the Financial Representatives Law, issued by Royal Decree No. (M/85) dated 20/09/1380 AH. After reviewing memoranda No. (457) dated 22/02/1443 AH, No. (1571) dated 15/07/1443 AH, No. (77) dated 09/01/1444 AH, No. (3274) dated 10/09/1445 AH, No. (154) dated 09/01/1446 AH, No. (642) dated 22/02/1446 AH, No. (1555) dated 04/05/1446 AH, and No.3887)dated 27/11/1446 AH, prepared by the Bureau of Experts at the Council of Ministers.

    After reviewing the recommendation of the Council of Economic and Development Affairs No. (1 - 3/46/T) dated 23/03/1446 AH.

    After reviewing the recommendation prepared by the Council of Economic and Development Affairs No.19-50/46/D) dated 26/12/1446 AH.

    After considering the Shura Council decisions No.197/19) dated 04/08/1446 AH, and No. (3/30) dated 07/04/1447 AH.

    After reviewing the recommendation of the General Committee of the Council of Ministers No. (5615) dated 24/05/1447 AH.

  • It is decided as follows:

  • First: Approval of the draft Financial Control Law, in the attached form.

  • Second: The provisions of the draft law referred to in item (First) of this decision shall not apply to the Saudi Central Bank, the Oversight and Anti-Corruption Authority, and the General Court of Audit.

    A draft Royal Decree has been prepared accordingly, its text is attached hereto.

  • Prime Minister

Chapter 1: General Provisions

Article 1

The following terms and expressions - wherever they appear in this Law - shall have the meanings indicated next to each, unless the context requires otherwise:.

Law: Financial Control Law.

Regulation: The Implementing Regulation of the Law.

Minister: Minister of Finance.

Ministry: Ministry of Finance.

Government Agency: Ministries, government bodies, authorities, public interests, public institutions, and entities with independent public legal personality included in the State’s general budget.

Entity: The government agency and any other entity pursuant to the provisions of Article (Three) of the Law.

Oversight Entities: The General Court of Audit, the Oversight and Anti-Corruption Authority, and any other entity competent to oversee public funds.

Internal Control Systems: The policies and procedures implemented by the entity to ensure the achievement of its strategic objectives, in addition to providing reasonable assurance regarding the achievement of objectives related to operational efficiency, financial reliability, and compliance with laws and regulations.

Financial Control: The policies, procedures, and means applied by the Ministry on the entity through the control methods stipulated in the Law, without encroaching on the competencies of the oversight entities.

Control Measures: The measures and procedures (manual and automated) applied by the entity and its personnel to mitigate risks affecting the achievement of its objectives.

Financial Controller: The Ministry employee entrusted with implementing financial control over the entity, in accordance with the provisions of the Law and the Regulation, including the financial representative delegated by the Ministry to oversee procedures and operations with financial impact at the government agency.

Direct Control: A control method whereby the Ministry applies financial control over procedures and operations with financial impact at the government agency through the financial representative.

Self-Control: A control method whereby the government agency is responsible for controlling its operations in accordance with laws, regulations, and instructions.

Digital (Technical) Control: A control method whereby the Ministry monitors government resource systems with financial impact.

Report Control: A control method whereby the Ministry requests reports from the entity and analyzes them in accordance with the provisions of the Law and the Regulation.

Information Systems: An interconnected set of software and technical tools designed to input, retrieve, store, analyze, process, and display data and information in various forms.

Government Resource Systems: The electronic financial and administrative systems for government resources that serve government agencies, individuals, and private sector entities dealing with those agencies.

Corrective Procedures: Work plans developed by the Ministry and the entity to address observations, correct violations, or take necessary measures to approve them, discovered during the Ministry’s execution of its duties pursuant to the Law and the Regulation.

Article 2

  • The law aims to achieve the following:

  • 1- Enhancing responsibility, integrity, and transparency.

  • 2- Regulating procedures related to financial control.

  • 3- Achieving effective oversight and assisting the entity in strengthening its internal control systems.

  • 4- Enhancing oversight of procedures and operations with financial impact within the entity, in accordance with laws, regulations, and instructions.

  • 5- Organizing roles and their integration between the Ministry and oversight entities.

Article 3

  • The law applies to the following entities:

  • 1- Government entities.

  • 2- Entities not covered by paragraph (1) of this article, which:

    • A- Receive support, grants, or direct assistance from the State Treasury, in accordance with the regulations and provisions specified by the regulation.

    • B- Execute works or procurements on behalf of a government entity, or collect public revenues of the state pursuant to a legal instrument or contract with a government entity.

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Article 4

The Ministry is competent - for the purpose of applying the Law and without prejudice to the competencies of the concerned authorities - with the following:

1- Implementing and monitoring financial control within the entity.

2- Approving the regulations, policies, and procedures (manual and automated) for applying financial control.

3- Proposing amendments to the laws, regulations, and instructions related to the internal control systems issued by the entity, and completing what is necessary regarding them as a law.

4- Establishing the necessary corrective procedures with the entity and determining their priorities.

5- Preparing reports for the entity on the most important observations (if any) related to the application of the provisions of the law and the regulation. The regulation specifies the necessary procedures for preparing reports and notifying the entity thereof.

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Chapter 2: Methods of Financial Oversight

Article 6

1- The Minister or his delegate shall determine and change the method of financial control over the government agency. The regulation shall specify the criteria for determining the method of financial control.

2- It is permissible to combine more than one control method over the government agency in accordance with the regulations and provisions stipulated in the law and the regulation.

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