Implementing Regulations of the Law of Combating Crimes of Terrorism and its Financing

Article 1

  • The financial activities or transactions referred to in Article 1(14) of the Law are:

    • 1. accepting deposits and other payable funds, including private banking services;

    • 2. lending, finance leasing, or any other financing activity;

    • 3. providing wire transfer or currency exchange services;

    • 4. issuing and managing payment instruments, including: credit cards, debit cards, checks, traveler’s checks, payment orders, bank transfers, and electronic currency;

    • 5. issuing letters of guarantee or other securities;

    • 6. engaging in foreign currency exchange;

    • 7. participating in the issuance of securities and the provision of financial services;

    • 8. managing investment portfolios;

    • 9. maintaining and managing cash or securities on behalf of others;

    • 10.concluding contracts of protection, savings, or other investment-related types of insurance, in the capacity of an insurer, broker, or agent in an insurance contract or any insurance company product;

    • 11.investing and managing funds on behalf of others; and

    • 12.engaging in activities related to securities, as provided in the Capital Market Law and its Regulations, or the following trading activities:

      • a) Certificates of deposit, derivatives, and other instruments.

      • b) Currencies.

      • c) Currency exchange instruments, interest rates, and financial indicators.

      • d) Tradable securities and financial derivatives.

      • e) Commodity futures contracts.

Article 2

Previous Amendments
  • The commercial or professional activities referred to in paragraph (15) of Article (One) of the Law are:

    • 1- Real estate mediation.

    • 2- Trading in gold, precious stones, or precious metals where the value of the transaction exceeds fifty thousand Saudi Riyals, whether the transaction is completed as a single deal or multiple connected deals, and whether through an individual establishment or a commercial company.

    • 3- Legal or accounting services provided by lawyers, accountants, or any other person during the practice of the profession, when preparing or executing transactions in any of the following activities:

      • A- The client’s purchase, sale, or leasing of real estate.
      • B- Managing the client’s funds, including their bank accounts, investment accounts, or other assets.
      • C- Establishing, operating, or managing legal persons, legal arrangements, or organizing related subscriptions.
      • D- The client’s purchase or sale of commercial companies.

Article 3

  • Activities that a customer conducts or attempts to conduct with any of the financial institutions or non-financial businesses and professions, referred to in Article 1(17) of the Law are:

    • 1. arranging or performing any transaction or business relationship, or opening an account for the customer;

    • 2. signing an approval of any transaction, business relationship, or account;

    • 3. designating an account for a certain transaction;

    • 4. transferring an account, rights, or liabilities pursuant to a certain transaction; and

    • 5. authorizing the customer to conduct a transaction or control a business relationship or an account.

Article 4

Previous Amendments
  • The following entities - each within its jurisdiction - are considered the regulatory authorities referred to in paragraph (22) of Article (One) of the Law:

    • 1- Ministry of Justice.
    • 2- Ministry of Commerce.
    • 3- Ministry of Investment.
    • 4- Saudi Central Bank (SAMA).
    • 5- Capital Market Authority.
    • 6- Real Estate General Authority.
    • 7- Insurance Authority.
    • 8- General Authority for Awqaf.
    • 9- National Center for Non-Profit Sector Development.

Article 5

  • 1. For purposes of applying Article 5 of the Law, the Public Prosecution shall be immediately notified upon arresting a suspect for committing one of the crimes stipulated in the Law, and the suspect shall be brought before it upon completion of the pre-investigation proceedings within a period not exceeding seven days from the date of his arrest.

  • 2. If the pre-investigation proceedings and examination of the suspect require extension of the period referred to in Article 5 of the Law, the Presidency of State Security shall file a reasoned request to the Public Prosecutor or his designee to issue a written order extending such period for a single or multiple period(s) not exceeding seven days in aggregate.

Article 6

  • 1. Upon receipt of a request in accordance with the provisions of Article 6 of the Law, the authority monitoring a financial institution shall immediately refer such request to the financial institution without giving notice to the concerned party to submit the required records, documents, or information to the monitoring authority within the period and in the manner specified in the request.

  • 2. Any person, designated non-financial businesses and professions, or nonprofit organizations shall, upon receiving a request for providing any records, documents, or information in accordance with Article 6 of the Law, execute the request within the period and in the manner specified in the request.

  • 3. The monitoring authority shall, upon receiving the required records, documents, or information, immediately notify the requesting authority and provide it with such records, documents, or information within the period and in the manner specified in the request.

Article 7

  • For the implementation of Article 7 of the Law:

    • 1. A warrant to enter and search residences shall be issued by the head of the branch of Public Prosecution in the area or by his designee.

    • 2. A warrant to enter and search non-residential premises shall be issued by an investigator having territorial and subject-matter jurisdiction.

    • 3. A warrant to enter and search residences, offices, or buildings shall be in writing. The warrant shall be reasoned and shall include the name, signature, and capacity of the issuing person; date and time of issuance; and scope of the search.

    • 4. The exigent circumstances referred to in Article 7(3) of the Law, where no warrant is required to enter and search residences, offices, or buildings shall include:

      • a) cases of flagrante delicto in crimes stipulated in the Law; and

    • b) cases where it is established, based on field or technical investigation, that failure to respond promptly might result in the escape of wanted persons; destruction, disposition, or removal of evidence relating to any of the crimes stipulated in the Law; or loss of crime funds, proceeds, means, documents, possessions, and the like.

  • Reasons and findings of the search shall be submitted to the Public Prosecution within a period not exceeding 24 hours from completion of such search.

Article 8

  • 1. If proceedings in a case are stayed in accordance with the provisions of Article 11 of the Law, the Public Prosecution may refer the case to the preliminary investigation agency, and may resume the case if the need arises.

  • 2. If the stay of proceedings does not apply to other accused persons in the same case, the Public Prosecution may assign separate papers for those against whom the proceedings are stayed.

Article 9

Previous Amendments

Deleted.

Article 10

  • The terms and conditions of the provisional release referred to in Article 13 of the Law shall be as follows:

    • 1. The provisional release does not entail any security concerns.

    • 2. The provisional release shall be granted for social or health reasons, or reasons relating to a pre-investigation procedure.

    • 3. The released person shall comply with the procedures and restrictions stipulated in the provisional release order.

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