Over the past decade, the concerned authorities have taken
several initiatives and measures to combat money-laundering operations. Saudi
Arabia has become one of the leading countries actively involved in fighting
such operations and related activities. Saudi Arabia’s position towards
combating money laundering stems from its commitment to Sharia, national laws
and international standards. In this regard, FATF report confirmed that Saudi
Arabia has an understanding of the money laundering risks pursuant to its
national risk assessment. At the beginning of 1439 AH (2017), Saudi Arabia
issued laws complementing previous efforts. The laws are in line with the
recommendations of the Financial Action Group (FATF). They reflect a solid
framework for the fight against money laundering and terrorism financing. As
such, FATF noted that Saudi Arabia AML/CFT preventive measures are strong and
well-established to combat money laundering and terrorism financing. In 2019,
FATF granted full membership to Saudi Arabia, as the first Arab State, in
appreciation of the Kingdom’s efforts exerted in the area of combating money
laundering, financing of terrorism and proliferation, besides meeting
international standards and requirements in this regard and its compliance with
international and bilateral conventions in this area.
The Anti-Money Laundering Law sets out acts which if committed
by a person, he/she shall be deemed as committing an offense of money
laundering, such as transfers, converting the nature of funds, moving them or conducting
any activity in therewith, knowing that the funds are the proceeds of a crime for
the purpose of concealing or disguising the illicit source of such funds or to
assist a person involved in the perpetration of a predicate crime from which
such funds were obtained in order to evade the consequences of its perpetration.
The acts include acquisition, possession or use of funds, knowing that they are
the proceeds of a crime or an illegitimate source, and depositing,
incorporation or coverage of the nature, source, movement, ownership, place,
disposition manner, or related rights associated with funds, knowing that they
are proceeds of crime. This also includes initiating or participating in the
commission of any of the foregoing acts by agreement, or to provide assistance,
incitement, counseling, guidance, advice, facilitation, collusion, cover-up or
conspiracy.
The Anti-Money Laundering Permanent Committee emphasizes
caution against the involvement in methods of money laundering and encourages
everyone to raise awareness and knowledge so as not to be exploited in the
passage of these activities and the subsequent legal accountability. In this
regard, individuals are warned against any requests to receive cash for
depositing in bank accounts belonging to them for fragmentation thereof and transferring
funds later on to several people. As a result, the individual may be subject to
punishment for his possible participation in the process of money laundering. AMLPC
also cautions against transferring money to unknown persons, as this may be a
contribution to the passage of a process related to money laundering. The
Committee therefore emphasizes the importance of a legitimate relationship
between the client and the beneficiary, and encourages making remittances or
financial transactions through official channels.
The Committee also notes the risk of leniency in allowing any
third party to use banking channels and products provided to a customer, such
as allowing the use of the bank account for deposits and cash withdrawals by a
non-customer, or the issuance of a loan or credit card in favor of another
person, as this will be considered a leniency contributing to concealment of
the real beneficiary of the services and products, or the receipt of cash from
a known person to be deposited in the account of an unknown person. The cash to
be deposited may be from an illegal source, which may expose the individual to
accountability. The true source of funds and the actual purpose of the
transaction should be disclosed when dealing with financial institutions, since
invalid data may expose a person to accountability.
Saudi Arabia has imposed severe penalties for money
launderers, as conviction for this crime will expose the doer to a fine of up
to seven million riyals or imprisonment for up to fifteen years or both. A
Saudi convicted of money laundering shall be prohibited from traveling outside
the Kingdom for a period similar to that of the prison sentence. A non-Saudi
convicted of money laundering shall be deported from the Kingdom after the execution
of the sentence. The penalty may be reduced for the perpetrator of the crime of
money laundering if the perpetrator informs the competent authorities of the
crime before the authorities are aware of it, or has informed about other perpetrators
and his report leads to their arrest or seizure of funds, instrumentalities or
proceeds of the crime.