By the grace of Allah Almighty
We Salman bin Abdulaziz Al Saud
King of the Kingdom of Saudi Arabia
Pursuant to Article (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27/8/1412 AH.
Pursuant to Article (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3/3/1414 AH.
Pursuant to Article (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27/8/1412 AH.
After reviewing Shura Council Resolution No. (105/9) dated 19/5/1447 AH.
After reviewing Council of Ministers Resolution No. (746) dated 26/10/1447 AH.
We have decreed the following:
First: Approval of the Enforcement Law, in the attached form.
Second: All rulings, orders, and decisions issued before the Enforcement Law comes into effect - referred to in item (First) of this decree - shall be deemed valid according to the provisions applicable before its enforcement.
Third: The provisions of the Enforcement Law - referred to in item (First) of this decree - shall not apply to enforcement dispute cases for which final judgments were issued before its enforcement.
Fourth: Enforcement courts shall carry out the execution of decisions or orders issued by committees with quasi-judicial jurisdiction in accordance with the Enforcement Law referred to in item (First) of this decree.
Fifth: Exceptionally from what is stated in the Enforcement Law - referred to in item (First) of this decree - promissory notes and bills of exchange issued before its enforcement and fulfilling the legal conditions - except for the registration requirement on national electronic platforms - shall be considered enforceable instruments for a period of one (1) year after its enforcement.
Sixth: The provisions of provisional seizure contained in the articles of Chapter (Two) of the Enforcement Law, issued by Royal Decree No. (M/53) dated 13/8/1433 AH shall continue to apply until the completion of the procedures for transferring the provisions contained in those articles to the Law of Civil Procedure, issued by Royal Decree No. (M/1) dated 22/1/1435 AH. The Minister of Justice shall take the necessary measures regarding the continuation and amendment of the provisions related to provisional seizure - contained in this item - in the Implementing Regulation of the Enforcement Law, issued by Royal Decree No. (M/53) referred to above.
Seventh: The provisions concerning insolvency contained in the articles of Chapter (One) of Part (Five) of the Enforcement Law, issued by Royal Decree No. (M/53) dated 13/8/1433 AH, shall continue to apply until the completion of the issuance procedures of the legislation regulating civil insolvency according to the legal procedures and its implementation. Enforcement courts shall consider insolvency cases, and their rulings issued based on those cases shall be subject to appeal, and the appellate judgment shall be final and not subject to cassation. The Minister of Justice shall take the necessary measures regarding the continuation and amendment of the provisions related to insolvency - contained in this item - in the Implementing Regulation of the Enforcement Law, issued by Royal Decree No. (M/53) referred to above.
Eighth: Amendment of item (Third) of Royal Decree No. (M/15) dated 27/1/1443 AH, to read as follows: "Execution departments - formed pursuant to the provisions of the law referred to in item (First) of this decree - shall execute decisions or orders of the exempted quasi-judicial committees in which the administrative authority is a party."
Ninth: The application of the provisions of the Enforcement Law - referred to in item (First) of this decree - shall not prejudice the continuation of the following:
- 1- Royal Decree No. (M/158) dated 11/11/1441 AH concerning the exemption of military personnel actually participating in war or military operations from travel ban and imprisonment procedures.
- 2- Item (Second) of Royal Order No. (69377) dated 7/11/1443 AH.
Tenth: His Highness the Prime Minister, ministers, and heads of the concerned independent agencies - each within their jurisdiction - shall implement this decree.
Salman bin Abdulaziz Al Saud
Decision No.: (746)
Date: 26/10/1447 AH
The Council of Ministers
After reviewing the correspondence received from the Royal Court No. 43681 dated 28/5/1447 AH, including the telegram of His Excellency the Minister of Justice No. 439392362 dated 1/3/1443 AH, regarding the draft Enforcement Law.
After reviewing the aforementioned draft law.
After reviewing Royal Order No. (69377) dated 7/11/1443 AH.
After reviewing the Enforcement Law, issued by Royal Decree No. (M/53) dated 13/8/1433 AH.
After reviewing the Law of Civil Procedure, issued by Royal Decree No. (M/1) dated 22/1/1435 AH.
After reviewing Royal Decree No. (M/158) dated 11/11/1441 AH.
After reviewing the Enforcement Law before the Board of Grievances, issued by Royal Decree No. (M/15) dated 27/1/1443 AH.
After reviewing Royal Decree No. (M/15) dated 27/1/1443 AH.
After reviewing Council of Ministers Resolution No. (235) dated 16/9/1427 AH.
After reviewing memoranda No. (984) dated 1/5/1443 AH, No. (3222) dated 1/11/1444 AH, No. (612) dated 22/2/1445 AH, No. (1376) dated 21/4/1445 AH, No. (2338) dated 27/6/1445 AH, No. (3744) dated 28/10/1445 AH, No. (2980) dated 2/9/1446 AH, No. (3583) dated 1/11/1446 AH, No. (2275) dated 20/6/1447 AH, No. (2535) dated 16/7/1447 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. (2-3/47/T) dated 27/2/1447 AH.
After reviewing the recommendation prepared by the Council of Economic and Development Affairs No. (11-32/47/D) dated 10/8/1447 AH.
After considering Shura Council Resolution No. (105/9) dated 19/5/1447 AH.
After reviewing the recommendation of the General Committee of the Council of Ministers No. (10262) dated 22/9/1447 AH.
Decides the following:
First: Approval of the Enforcement Law, in the attached form.
Second: All rulings, orders, and decisions issued before the Enforcement Law comes into effect - referred to in item (First) of this decision - shall be deemed valid according to the provisions applicable before its enforcement.
Third: The provisions of the Enforcement Law - referred to in item (First) of this decision - shall not apply to enforcement dispute cases for which final judgments were issued before its enforcement.
Fourth: Enforcement courts shall carry out the execution of decisions or orders issued by committees with quasi-judicial jurisdiction in accordance with the Enforcement Law referred to in item (First) of this decision.
Fifth: Exceptionally from what is stated in the Enforcement Law - referred to in item (First) of this decision - promissory notes and bills of exchange issued before its enforcement and fulfilling the legal conditions - except for the registration requirement on national electronic platforms - shall be considered enforceable instruments for a period of one (1) year after its enforcement.
Sixth: The provisions of provisional seizure contained in the articles of Chapter (Two) of the Enforcement Law, issued by Royal Decree No. (M/53) dated 13/8/1433 AH, shall continue to apply until the completion of the procedures for transferring the provisions contained in those articles to the Law of Civil Procedure, issued by Royal Decree No. (M/1) dated 22/1/1435 AH. The Minister of Justice shall take the necessary measures regarding the continuation and amendment of the provisions related to provisional seizure - contained in this item - in the Implementing Regulation of the Enforcement Law, issued by Royal Decree No. (M/53) referred to above.
Seventh: The provisions concerning insolvency contained in the articles of Chapter (One) of Part (Five) of the Enforcement Law, issued by Royal Decree No. (M/53) dated 13/8/1433 AH, shall continue to apply until the completion of the issuance procedures of the legislation regulating civil insolvency according to the legal procedures and its implementation. Enforcement courts shall consider insolvency cases, and their rulings issued based on those cases shall be subject to appeal, and the appellate judgment shall be final and not subject to cassation. The Minister of Justice shall take the necessary measures regarding the continuation and amendment of the provisions related to insolvency - contained in this item - in the Implementing Regulation of the Enforcement Law, issued by Royal Decree No. (M/53) referred to above.
Eighth: Amendment of item (Third) of Royal Decree No. (M/15) dated 27/1/1443 AH, to read as follows: "Execution departments - formed pursuant to the provisions of the law referred to in item (First) of this decree - shall execute decisions or orders of the exempted quasi-judicial committees in which the administrative authority is a party."
Ninth: The application of the provisions of the Enforcement Law - referred to in item (First) of this decision - shall not prejudice the continuation of the following:
- 1- Royal Decree No. (M/158) dated 11/11/1441 AH concerning the exemption of military personnel actually participating in war or military operations from travel ban and imprisonment procedures.
- 2- Item (Second) of Royal Order No. (69377) dated 7/11/1443 AH.
A draft Royal Decree has been prepared accordingly, its text attached hereto.
Tenth: The Ministry of Justice shall coordinate with the Board of Grievances when preparing the Implementing Regulation of the Enforcement Law - referred to in item (First) of this decision - regarding the Board’s competencies pursuant to the provisions of the Enforcement Law before the Board of Grievances, issued by Royal Decree No. (M/15) dated 27/1/1443 AH.
Eleventh:
- 1- The donation reward stipulated in paragraph (3) of Council of Ministers Resolution No. (235) dated 16/9/1427 AH shall not be subject to seizure or execution.
- 2- The provisions of paragraph (1) of this item shall take effect from the date of enforcement of the Enforcement Law referred to in item (First) of this decision.
Prime Minister
Enforcement Law - 1447
Chapter 1: General Provisions
Article 1
The following words and phrases - wherever they appear in this Law - shall have the meanings indicated next to each, unless the context requires otherwise:
- Law: Enforcement Law.
- Regulation: Implementing Regulation of the Law.
- Council: Supreme Judicial Council.
- Ministry: Ministry of Justice.
- Minister: Minister of Justice.
- Court: Court of Enforcement.
- Competent Administration: The administrative unit in the Ministry or in the concerned court responsible for carrying out enforcement procedures in accordance with what is stated in the Law and the Regulation.
- Competent Authority: The public authority legally competent for matters related to enforcement.
- Authority Supervising or Registering Funds: The public authority legally competent to supervise a type of funds - whether fixed or movable - or to register their ownership, including the public authority competent to supervise financial institutions and the public authority competent to supervise the financial market.
- Competent Force: The police or the competent security authority supporting enforcement by using coercive force.
- Direct Execution: Execution of the enforcement document when the subject matter of the right therein is the performance of an act or refraining from an act.
- Enforcement Expenses: Financial obligations resulting from enforcement procedures in accordance with the governing provisions.
Article 2
1- The court shall consist of primary circuits and appeal circuits, or of primary circuits only.
2- Appeals against judgments issued by the primary circuits in courts that do not have appeal circuits shall be made before the appeal circuits in the court designated by the Council.
Article 3
All competent authorities - including those supervising or registering funds - shall comply with the orders and decisions of the court related to enforcement and its procedures within a period not exceeding (three) working days from the date of notifying those authorities thereof, unless a specific provision is stated in the law regarding the matter.
Chapter 2: Jurisdiction
Article 4
1- Except for the enforcement of criminal penalties and matters within the jurisdiction of the Board of Grievances courts, the court shall be competent to supervise the enforcement and its procedures, as well as compulsory enforcement and its procedures, and shall adjudicate enforcement disputes, and issue judgments, orders, and decisions related to enforcement.
2- Without prejudice to the provisions of Article (Nine) of the Law, the court shall verify that the enforcement document meets its legal requirements without considering the substance of the right subject to the enforcement document.
3- Enforcement requests shall be referred according to the distribution rules determined by the regulation.
Article 5
If multiple authorities have issued a seizure order on property belonging to the enforcement debtor, the person in possession of the seized property must notify the authority that issued the subsequent seizure order of the first seizure. The regulation shall specify the necessary provisions related to the content of this article.
Article 6
1- Notwithstanding the provisions of jurisdiction stipulated in the Law, the Law of Enforcement by the Board of Grievances, and other relevant regulations, if an enforcement seizure is made by two judicial authorities or by a judicial authority together with an administrative authority, or by two judicial authorities together with an administrative authority on the assets of the enforcement debtor; all his assets shall be considered seized for the benefit of all enforcement claims. The judicial authority that issued the seizure order first shall have jurisdiction to supervise the seizures resulting from those claims, as well as matters related to the sale, distribution of proceeds, and issuance of judgments, orders, and decisions related thereto, in accordance with the provisions stipulated in its relevant enforcement law.
2- The Minister, in coordination with the Council and the Administrative Judicial Council, shall issue rules specifying the necessary provisions and procedures related to the matters set forth in this article.