Law of the Oversight and Anti-Corruption Authority

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  • Decision No. (68) dated 17/01/1446 AH

  • The Council of Ministers

  • After reviewing in its session chaired by the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud, the correspondence received from the Royal Court No. 1124 dated 5/1/1446 AH, regarding the draft Law of the Oversight and Anti-Corruption Authority.

  • After reviewing the aforementioned draft law.

  • After reviewingthe organizational and structural arrangements related to combating financial and administrative corruptionapproved by Royal Order No. (A/277) dated 15/4/1441 AH.

  • After reviewingthe Disciplinary System for Employeesissued by Royal Decree No. (M/7) dated 1/2/1391 AH.

  • After reviewingthe Anti-Bribery Lawissued by Royal Decree No. (M/36) dated 29/12/1412 AH.

  • After reviewingthe Law of Criminal Procedureissued by Royal Decree No. (M/2) dated 22/1/1435 AH, and its Implementing Regulations.

  • After reviewingthe Saudi Central Bank Lawissued by Royal Decree No. (M/36) dated 11/4/1442 AH.

  • After reviewingthe Statute of the National Anti-Corruption Authorityissued by Council of Ministers Decision No. (165) dated 28/5/1432 AH.

  • After reviewing the minutes No. (1332) dated 25/10/1441 AH, No. (396) dated 25/6/1442 AH, No. (23) dated 10/1/1443 AH, and No. (177) dated 26/5/1444 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the memoranda No. (872) dated 25/10/1441 AH, No. (1022) dated 25/6/1442 AH, No. (1940) dated 25/8/1443 AH, No. (1810) dated 15/6/1444 AH, No. (2703) dated 7/9/1444 AH, No. (2959) dated 15/8/1445 AH, No. (3118) dated 26/8/1445 AH, No. (3661) dated 21/10/1445 AH, and No. (4244) dated 17/12/1445 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the recommendation prepared by the Council of Economic and Development Affairs No. (11-45/39/D) dated 18/9/1445 AH.

  • After considering the Shura Council decision No. (140/20) dated 16/7/1444 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (538) dated 12/1/1446 AH.

  • It is decided as follows:

    • First: Approval of the Law of the Oversight and Anti-Corruption Authority, in the attached form.

    • Second: The Criminal Court in Riyadh shall have jurisdiction over all corruption crimes.

    • Third: The President of the Oversight and Anti-Corruption Authority shall have the powers of the Public Prosecutor, and the Investigation and Criminal Prosecution Unit shall have the powers of the Public Prosecution as stipulated in theLaw of Criminal Procedureand its Implementing Regulations. The President of the Authority shall, by his decision, determine the powers of the head and members of the Investigation and Criminal Prosecution Unit who exercise the powers of the Public Prosecution members stipulated in theLaw of Criminal Procedureand its Implementing Regulations, until the approval and implementation of the regulation stipulated in Article (6) of the Law of the Oversight and Anti-Corruption Authority.

    • Fourth: The President of the Oversight and Anti-Corruption Authority may seek assistance from whomever he deems appropriate from the Authority’s employees - or others from employees of other public entities - who meet the conditions for holding the position of Public Prosecution member, to work as a member of the unit for a specified renewable period. It is required that the assistance of employees from other public entities be coordinated with their entities and in accordance with the legal provisions to which they are subject.

    • Fifth: Exceptionally from the provisions of Article (13) of the Law of the Oversight and Anti-Corruption Authority, members of the Investigation and Criminal Prosecution Unit - including the head of the unit - shall be granted the allowance related to the nature of the work granted to its employees, in accordance with the regulating provisions.

    • Sixth: Cancellation ofthe Disciplinary System for Employeesissued by Royal Decree No. (M/7) dated 1/2/1391 AH, as of the effective date of the Law of the Oversight and Anti-Corruption Authority, with continued application of Article (47) thereof until the issuance and implementation of the administrative regulation stipulated in paragraph (1) of Article (9) of the law.

    • Seventh: Replacing the phrase “Oversight and Anti-Corruption Authority” with the phrase “Presidency of State Security” wherever it appears in theAnti-Bribery Lawissued by Royal Decree No. (M/36) dated 29/12/1412 AH.

    • Eighth: Replacing the phrase “Oversight and Anti-Corruption Authority” with the following phrases: “National Anti-Corruption Authority,” “Oversight and Investigation Authority,” and “Administrative Investigations,” and replacing the phrase “President of the Oversight and Anti-Corruption Authority” with the following phrases: “President of the National Anti-Corruption Authority,” “President of the Oversight and Investigation Authority,” and “Head of Administrative Investigations,” wherever they appear in laws, regulations, orders, royal decrees, and decisions.

    • A draft Royal Decree to that effect has been prepared, its text attached hereto.

    • Ninth: Cancellation ofthe Statute of the National Anti-Corruption Authorityissued by Council of Ministers Decision No. (165) dated 28/5/1432 AH, as of the effective date of the law referred to in item (First) of this decision.

    • Tenth: The financial and administrative regulations of the former National Anti-Corruption Authority shall remain in effect until the issuance and implementation of the financial and administrative regulations of the Oversight and Anti-Corruption Authority.

    • Eleventh: The concerned entities shall implement the provisions of theNational Strategy for Integrity Protection and Combating Corruptionand the Oversight and Anti-Corruption Authority shall periodically report on what it has done in this regard.

    • Twelfth: The Oversight and Anti-Corruption Authority shall prepare the following:

      • 1- Regulations for submitting financial disclosure statements for certain categories of state employees.

      • 2- Regulations for taking the official oath for certain categories of state employees.

      • 3- Regulations for granting rewards to whistleblowers of corruption cases.

      • The Authority shall submit these regulations to the King for consideration and approval.

    • Thirteenth: The Public Prosecutor and the President of the Oversight and Anti-Corruption Authority shall prepare a coordination mechanism regarding investigation and prosecution in cases involving multiple crimes of the accused, including corruption crimes, and shall submit it within a period not exceeding (120) days to complete the legal procedures thereon.

    • Fourteenth: The Authority shall prepare - within a period not exceeding (180) days from the effective date of the Law of the Oversight and Anti-Corruption Authority - a study related to the scope of its jurisdiction - or part thereof - over non-public entities. If it is concluded that its jurisdiction - or part thereof - extends to non-public entities, the Authority shall take the necessary legal action and submit it according to the applicable legal procedures.

    • Fifteenth: The Oversight and Anti-Corruption Authority and the Saudi Central Bank shall establish a mechanism for cooperation between them regarding the Authority’s requests related to corruption crimes connected to the Bank or to financial institutions subject to its supervision and oversight and falling within the Authority’s jurisdiction, in a manner consistent with the relevant legal texts and orders, especiallythe Law of Criminal Procedureissued by Royal Decree No. (M/2) dated 22/1/1435 AH, and its Implementing Regulations, andthe Saudi Central Bank Lawissued by Royal Decree No. (M/36) dated 11/4/1442 AH.

    • Sixteenth: The Oversight and Anti-Corruption Authority shall continue reviewing the laws, regulations, orders, royal decrees, and decisions affected by the provisions of theorganizational and structural arrangements related to combating financial and administrative corruptionissued by Royal Order No. (A/277) dated 15/4/1441 AH, and the Law of the Oversight and Anti-Corruption Authority, coordinating with whomever it deems appropriate, proposing any amendments it deems necessary in this regard, and submitting what requires completion of legal procedures thereon.

  • Salman bin Abdulaziz Al Saud

  • Royal Decree No. (M/25) dated 23/01/1446 AH

  • By the grace of Allah Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based onArticle (70) of the Basic Law of Governanceissued by Royal Order No. (A/90) dated 27/8/1412 AH.

  • Based onArticle (20) of the Law of the Council of Ministersissued by Royal Order No. (A/13) dated 3/3/1414 AH.

  • Based onArticle (18) of the Law of the Shura Councilissued by Royal Order No. (A/91) dated 27/8/1412 AH.

  • After reviewing the Shura Council decision No. (140/20) dated 16/7/1444 AH.

  • After reviewing the Council of Ministers decision No. (68) dated 17/1/1446 AH.

  • We decree the following:

    • First: Approval of the Law of the Oversight and Anti-Corruption Authority, in the attached form.

    • Second: The Criminal Court in Riyadh shall have jurisdiction over all corruption crimes.

    • Third: The President of the Oversight and Anti-Corruption Authority shall have the powers of the Public Prosecutor, and the Investigation and Criminal Prosecution Unit shall have the powers of the Public Prosecution as stipulated in the Law of Criminal Procedure and its Implementing Regulations. The President of the Authority shall, by his decision, determine the powers of the head and members of the Investigation and Criminal Prosecution Unit who exercise the powers of the Public Prosecution members stipulated in the Law of Criminal Procedure and its Implementing Regulations, until the approval and implementation of the regulation stipulated in Article (6) of the Law of the Oversight and Anti-Corruption Authority.

    • Fourth: The President of the Oversight and Anti-Corruption Authority may seek assistance from whomever he deems appropriate from the Authority’s employees - or others from employees of other public entities - who meet the conditions for holding the position of Public Prosecution member, to work as a member of the unit for a specified renewable period. It is required that the assistance of employees from other public entities be coordinated with their entities and in accordance with the legal provisions to which they are subject.

    • Fifth: Exceptionally from the provisions of Article (13) of the Law of the Oversight and Anti-Corruption Authority, members of the Investigation and Criminal Prosecution Unit - including the head of the unit - shall be granted the allowance related to the nature of the work granted to its employees, in accordance with the regulating provisions.

    • Sixth: Cancellation ofthe Disciplinary System for Employeesissued by Royal Decree No. (M/7) dated 1/2/1391 AH, as of the effective date of the Law of the Oversight and Anti-Corruption Authority, with continued application of Article (47) thereof until the issuance and implementation of the administrative regulation stipulated in paragraph (1) of Article (9) of the law.

    • Seventh: Replacing the phrase “Oversight and Anti-Corruption Authority” with the phrase “Presidency of State Security” wherever it appears in theAnti-Bribery Lawissued by Royal Decree No. (M/36) dated 29/12/1412 AH.

    • Eighth: Replacing the phrase “Oversight and Anti-Corruption Authority” with the following phrases: “National Anti-Corruption Authority,” “Oversight and Investigation Authority,” and “Administrative Investigations,” and replacing the phrase “President of the Oversight and Anti-Corruption Authority” with the following phrases: “President of the National Anti-Corruption Authority,” “President of the Oversight and Investigation Authority,” and “Head of Administrative Investigations,” wherever they appear in laws, regulations, orders, royal decrees, and decisions.

    • Ninth: The Prime Minister, Ministers, and heads of the concerned independent bodies - each within his jurisdiction - shall implement this Royal Decree.

  • Salman bin Abdulaziz Al Saud

Chapter 1: Definitions

Article 1

  • The words and phrases mentioned below - wherever they appear in this Law - shall have the meanings specified next to each of them:

    • Law: Law of the Oversight and Anti-Corruption Authority.

    • Authority: Oversight and Anti-Corruption Authority.

    • President: President of the Authority.

    • Unit: Criminal Investigation and Prosecution Unit.

    • Public Entities: Ministries, government centers, authorities, interests, public institutions, and entities with independent public legal personality or any other public entity.

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Article 2

  • For the purposes of applying the Law, the following crimes are considered corruption crimes:

    • 1- Bribery crimes.

    • 2- Crimes against public funds.

    • 3- Abuse of Power crimes.

    • 4- Any other crime that is designated as a corruption crime based on the Law.

Chapter 2: The Authority's Structure, Duties, and Competencies

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Article 3

  • 1- The Authority is linked to the King and enjoys legal personality as well as financial and administrative independence.

  • 2- The headquarters of the Authority is located in the city of Riyadh, and it may establish branches or offices within the Kingdom as needed.

  • 3- The Authority shall carry out its work with complete neutrality and without influence from any party, and no one shall interfere in its work.

Article 4

  • The Authority is concerned with administrative oversight of public entities, protecting integrity, enhancing transparency, and combating corruption; and it has the following competencies:

    • 1- Conducting necessary oversight to detect administrative violations and corruption crimes, and taking necessary actions regarding them, in accordance with the relevant legal texts.

    • 2- Receiving complaints and reports related to administrative violations and corruption crimes, verifying their validity, and taking necessary legal actions regarding them.

    • 3- Initiating investigations into administrative and financial violations and corruption crimes, filing lawsuits in this regard before the competent court, and taking necessary actions regarding them, in accordance with the relevant legal texts.

    • 4- Conducting inquiries and criminal apprehension in corruption crimes, and taking necessary actions regarding them; in accordance with the relevant legal texts.

    • 5- Following up on the recovery of funds and proceeds resulting from the commission of any corruption crimes, in coordination with the relevant authorities, and completing necessary legal actions in this regard.

    • 6- Taking precautionary and protective measures against those for whom there is evidence or indications of committing corruption crimes; in accordance with the relevant legal texts.

    • 7- Taking all necessary actions to provide protection for those who report or provide information about any administrative violations or corruption crimes; in accordance with the regulations governing that.

    • 8- Reviewing work methods and procedures in public entities; with the aim of protecting integrity and enhancing transparency, identifying weaknesses that may lead to violations or corruption crimes, working to address them, and coordinating with public entities to enhance and develop the necessary measures, mechanisms, and means to prevent violations or corruption crimes, and updating them.

    • 9- Raising awareness of the concept of corruption and highlighting its dangers and effects, as well as the importance of protecting integrity, enhancing transparency, and self-regulation, and encouraging efforts from both the public and private sectors, as well as civil society organizations, to adopt plans and programs for protecting integrity, enhancing transparency, and combating corruption.

    • 10- Proposing regulations and policies related to administrative oversight, protecting integrity, enhancing transparency, and combating corruption, and suggesting amendments to existing ones, and submitting them; according to legal procedures.

    • 11- Following up on the Kingdom's commitments outlined in international agreements related to administrative oversight, protecting integrity, enhancing transparency, and combating corruption, and coordinating in this regard with the relevant authorities.

    • 12- Representing the Kingdom in international conferences and forums related to administrative oversight, protecting integrity, enhancing transparency, and combating corruption, and cooperating with regional and international bodies and organizations working in this field, according to the regulations governing that.

    • 13- Organizing conferences, seminars, and training courses on administrative oversight, protecting integrity, enhancing transparency, and combating corruption according to the regulations governing that.

    • 14- Studying reports issued by local civil society organizations, regional and international organizations; related to administrative oversight, protecting integrity, enhancing transparency, and combating corruption, and proposing necessary actions regarding them; according to legal procedures.

    • 15- Supporting and conducting research and studies related to administrative oversight, protecting integrity, enhancing transparency, and combating corruption, and coordinating with relevant authorities and specialized research centers and others to contribute to that.

    • 16- Collecting information, data, reports, and statistics related to administrative violations and corruption crimes, classifying them, analyzing them, and building databases and information systems for that purpose. Publishing what needs to be published in a manner that does not conflict with the confidentiality of information and does not violate the provisions of the relevant laws and regulations.

    • 17- Working to achieve the objectives outlined in the national strategy for protecting integrity and combating corruption, following up on its implementation with the relevant authorities, monitoring its results, evaluating and reviewing it, and developing the necessary plans, programs, and mechanisms for its implementation.

    • 18- Any competencies assigned to the Authority under the law.

Article 5

  • 1- The Authority may request from the entities covered by its competencies to provide it with records, documents, papers, information, and data related to its competencies, and those entities must provide what is requested from them within the specified timeframes.

  • 2- The Authority is obligated, when requesting records, documents, papers, information, and data - in accordance with paragraph (1) of this article - to adhere to the legal provisions related to the confidentiality of information and not to disclose it.

Article 6

  • Subject to the provisions contained in the law, the authority shall apply to corruption crimes the provisions set forth in the Criminal Procedure Law and its executive regulations, as well as the Public Prosecution Law. The determination of the powers to apply those provisions shall be in accordance with a regulation prepared by the authority for this purpose, which includes the necessary detailed provisions, and it shall be submitted to the King for consideration and approval.

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