Rules for Conducting Financial Settlements with Individuals or Legal Entities Who Have Committed Corruption Crimes

First

  • The Oversight and Anti-Corruption Authority shall conclude a settlement agreement with anyone who initiates a request for that who has committed a corruption crime before the date 15/2/1439 AH - whether a natural or legal person - and has not been discovered, provided that the agreement includes the following foundations:

    • A- An obligation from the party with whom the agreement is made to return or recover the money subject to the crime - or its value - and any revenues resulting from that money - if any - in addition to paying a percentage of (5%) annually of that money calculated from the time of committing the crime until the actual payment is completed under the settlement agreement, and to provide a precise clarification of any information he has about the crime subject to the settlement or any other related crime or other corruption crimes, and that in return for fulfilling those obligations, the public criminal action against him for any of the crimes subject to the settlement shall not be initiated.

    • B- The agreement shall be approved by the head of the Criminal Investigation and Prosecution Unit in the authority after being signed by its parties, and it shall be considered an enforceable document, and this agreement shall not be subject to objection before any entity whatsoever.

    • C- A time period not exceeding (3) years shall be determined - by a decision from the head of the authority - to complete the settlement procedures and implement the obligations contained in the agreement, and if the party who signed the agreement does not fulfill what was obligated - within the specified time period - the Criminal Investigation and Prosecution Unit in the authority shall initiate public criminal action against him.

    • D- All funds that are collected in implementation of the agreement shall be deposited in the public treasury of the state.

    • E- If it is proven after signing the settlement agreement that the party who signed it has concealed any information about the crime subject to the settlement or any other related crime or other corruption crimes, the Criminal Investigation and Prosecution Unit in the authority shall directly initiate public criminal action against him, even if this occurs after the approval and implementation of the settlement agreement, unless the head of the authority sees that the interest requires proceeding with the enforcement of the agreement, without prejudice to any actions taken regarding the other crimes mentioned in this paragraph, and in all cases, taking any of what is included in this paragraph shall not result in the return of the funds paid by the party who signed the agreement in implementation of it.

    • F- Anyone who initiates a request for settlement to the authority within a period not exceeding one year from the date of issuance of these rules, and fulfills his obligations contained in the agreement concluded with him, shall be exempted from the collection of the (5%) mentioned in paragraph (1) of this item.

Secondly

  • The Oversight and Anti-Corruption Authority shall apply what is stated in item (First) of these rules without prejudice to the specific provisions contained in this item for those who agree to settle, who: have been subject to judicial rulings, or are currently being prosecuted, or have had any investigative or inquiry procedures initiated against them, regarding corruption cases committed before the date of issuance of these rules, or have submitted a request for settlement for those who committed a corruption crime - before its discovery - from the date 15/2/1439 AH, and before the issuance of these rules, taking into account the following:

    • A- The Authority shall not initiate any settlement procedures until after obtaining the approval of the King based on justifications deemed appropriate by the head of the Authority.

    • B- No one shall benefit from the exemption stipulated in paragraph (6) of item (First) of these rules.

    • C- The competent court - upon the request of the Authority - shall order the suspension of the proceedings in the case against those who agree to settle and are currently being prosecuted - after taking the necessary actions regarding what is included in paragraph (1) of this item - and if all terms of the settlement agreement and the obligations contained therein are fulfilled, the public criminal action shall be considered extinguished against them.

    • D- Those who have been subject to judicial rulings with a penalty of imprisonment shall be exempted from serving the penalty or completing the remaining part of it if all terms of the agreement and the obligations contained therein are fulfilled. If it is proven after the agreement is ratified that they concealed information about the crime subject to the settlement or any other related crime or other corruption crimes, the imprisonment penalty shall be enforced or the remaining duration shall be completed, unless the head of the Authority deems it necessary to proceed with the enforcement of what is included in the agreement in this regard; without prejudice to any actions taken regarding the other crimes mentioned in this paragraph, and in all cases, no reimbursement of any funds paid by the party to the agreement in execution thereof shall result from the acceptance of any of what is included in this paragraph.

Thirdly

  • The President of the Oversight and Anti-Corruption Authority shall apply what is stated in item (First) of these rules without prejudice to the specific provisions contained in this item, to anyone who has committed a corruption crime after the date of issuance of these rules, and who has initiated a request for settlement before its discovery, and that the consideration for fulfilling his obligations is the claim before the competent court for the application of the legally prescribed penalty at its minimum or the suspension of its execution, taking into account the following:

    • A- The Authority shall not commence settlement procedures until after obtaining the approval of the King based on justifications deemed appropriate by the President of the Authority.

    • B- No one shall benefit from the exemption stipulated in paragraph (6) of item (First) of these rules.

Fourthly

The President of the Oversight and Anti-Corruption Authority prepares periodic reports (every six months) that include everything related to settlement agreements made with those who committed acts of corruption, whether natural or legal persons - in accordance with what is included in these rules - regarding their number, what has been documented and implemented, what has been recovered or collected as a result, and any suggestions the Authority sees fit to address any developments after the issuance of these rules, and submits those reports to the King for consideration.

Fifth

The provisions contained in these rules do not affect any settlement agreement regarding a corruption crime that was concluded - prior to their issuance - and no objection may be raised against that agreement by any party, and the public criminal action shall be extinguished - provided that all its terms are executed - as a result.

Sixth

These rules shall come into effect from the date of their issuance.