mc_gov_sa · executive_regulation · duplicate · 19 chunks
VISION d المركبه العربيه السعوديه KINGDOM OF SAUDI ARABIA وزاره التجاره Ministry of Commerce Implementing Regulations of The Anti-Concealment Law +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه A @ SaudiMCI www.mci.gov.sa وزاره التجاره Ministry of Commerce VISION dāj العربيه السعوديه Kingdom of Saudi Arabia Implementing Regulations of the Anti-Concealment Law Definitions Article 1: 1. The terms and phrases contained herein shall have the meanings ascribed to them in Article (1) of the Anti-Concealment Law promulgated by Royal Decree No. (M/4) dated 1/1/1442H. 2. In these Regulations, the following terms and phrases shall have the meanings assigned thereto: Entity: any entity carries out an Economic Activity including sole proprietorship, companies, and any other legal form. Preliminary Investigation Officer: an employee who has the capacity of preliminary investigation officers and appointed by a decision of the Minister to detect the offenses and violations stipulated in the Law and collect information and evidence necessary for investigation and accusation. Committee: the Committee referred to in paragraph (4) of Article (5) of the Law. Means Leading to Unrestricted Authority Over an Entity Article 2: Subject to the Foreign Investment Law and relevant laws, any contractual or non-contractual arrangement or procedure which enables a non-Saudi person to make dispositions and enjoy rights and powers prescribed for the entity's owners or partners, as the case may be, shall be deemed one of the means that lead to unrestricted authority over the Entity. The Entity shall not grant such means to a non-Saudi who are not licensed, and he may not possess or use the same in illegal manner, these means include: a. Where the Entity's revenues or profits or the proceeds of contracts concluded directly or indirectly are transferred to the account of the non-Saudi rather than to the Entity's account; this includes collecting proceeds or returns of selling or transferring assets, liquidate the Entity to his own account or obtaining a return or variable financial consideration of any kind that is not in line with the nature of business assigned to him within the Entity. Taking into account employment contracts which stipulate the right of the employee to obtain a percentage of the Entity's profits or revenues; b. Financing the Entity or any of its economic activities; c. Having the power to appoint and dismiss the Entity's director; d. Possessing blank signed paper of the Entity's commercial papers, documents, or contracts; e. Approving profit distribution to the partners in the company and the manner thereof. Criteria for Selecting Preliminary Investigation Officers Article 3: The Preliminary Investigation Officers must satisfy the following criteria in order to be appointed or assigned to exercise the powers and tasks stipulated in the Law and Regulations: a. be a Saudi national; b. be of good conduct and reputation and has integrity and competence; c. has not been previously convicted of any offense impinging on honor or integrity unless his record has been expunged; d. has practical experience in monitoring and control works, or a proper university qualification; and e. completes the practical training and successfully passes the test approved by the Ministry. +966 11 294 4444 | Riyadh 11162 المركزเลขيه السعوديه المملكه العربيه السعوديه | www.mci.gov.sa وزاره التجاره Ministry of Commerce VISION dL j6j حولك مولك مولك مولك مولك مولك مولك مولك ممولك مولك مولك مولك مولك مولك مولك Kingdom of Saudi Arabia وزاره التجاره Ministry of Commerce Controls and Procedures for Detection Article 4: When conducting investigations, gathering evidence, detecting and recording offenses and violations of the Law, Preliminary Investigation Officers shall comply with the provisions of the Law and its Regulations, the Law of Criminal Procedure and other relevant laws, regulations, and decisions. They also shall: a. Present a proof of their capacity and state the purpose of their visit when performing their duties; b. Exercise due diligence and commit to impartiality, integrity, and confidentiality when performing their duties; c. Disclose any relationship with the suspect or any conflict of interests, if any; d. Adhere to the code of ethics and the supervisory procedures manual approved by the Ministry; and e. Exercise the powers conferred upon them by the Law and Regulations in accordance with the authority matrix issued by a decision of the Minister. Article 5: Electronic means may be used when exercising the powers of control and performing the tasks. Article 6: When detecting an evidence or presumption of committing an offense or violation of the Law, the Preliminary Investigation Officer shall prepare minutes containing the following: a. Name of the Preliminary Investigation Officer and his employer; b. Place, date, day and time of detection of the offense or violation; c. Reasons for seizing property as well as the legal document thereof; d. Statement of seized property and its quantity, description, and place; e. Description of the detected incident and the supporting information and documents; f. Names, identity numbers and descriptions of the suspects, witnesses or anyone has relevant information; g. Data and descriptions of the suspected Entity, including: type of business, commercial register, municipality license and the license for practicing the Economic Activity, as the case may be; h. Addresses and contact information of the suspects by which they can be reached; i. Statement of the documents required by the Ministry; and j. Signatures of the Preliminary Investigation Officer and the person with whom the evidence or presumption is detected. In case this person refuses to sign, such refusal shall be indicated at the end of the minutes. Article 7: Subject to the Law of Criminal Procedure, the Ministry shall oversee detection works as follows: a. Verify the commitment of the Preliminary Investigation Officer to implement the provisions of the Law, Regulations, other relevant laws, code of ethics, supervisory procedures manual and the authority matrix; b. Issue instructions and guidelines necessary for Preliminary Investigation Officers; c. Provide practical training and courses necessary to qualify Preliminary Investigation Officers and improve their performance; +966 11 294 4444 | Riyadh 11162 لارياض SaudiMCI Kingdom of Saudi Arabia | المملكه العربيه السعوديه www.mci.gov.sa وزاره التجاره Ministry of Commerce VISION and دوله اداره المشهد KINGDOM OF SAUDI ARABIA d. Monitor and evaluate the Preliminary Investigation Officer's work periodically and in accordance with the adopted performance indicators. Controls and Cases for Requesting Travel Ban on Suspects Article 8: Under paragraph (1) of Article (8) of the Law, the Ministry may request the Public Prosecution to impose a travel ban on any person suspected of committing any of the offenses provided for in the Law, if: a. Clear evidence suggests that he has committed an offense under this Law; b. There are reasonable grounds to suspect that he may travel, hide or escape, and he has not responded to more than three notices which delivered to him by any of the means specified in paragraph (2) of Article (11) of the Regulations. Article 9: The Ministry shall request the Public Prosecution to lift the travel ban imposed on a suspect as per Article (8) of the Regulations in the following cases: a. If committing an offense under this Law has not been proven within 30 days from the date of imposing the travel ban; b. If the person who was hiding, escaping or failing to complete investigation procedures, responded, and substantial grounds suggest that he did not commit the offense. Article 10: The Ministry's request to impose and lift the ban imposed on the person who is suspected of committing any of the offenses provided for in the Law must be made in accordance with the authority matrix issued by a decision of the Minister. Notification of the Committee's Decisions Article 11: 1. The competent department at the Ministry shall notify the person against whom a penalty decision is issued by the committee, and provide him with a copy of the decision. 2. The notification shall be deemed valid and effective if delivered through: a. Text messages sent to an authenticated phone number; b. Registered email address; c. Any of the accounts registered in government automated systems; d. Telephone calls recorded on an authenticated phone number; e. Authorized postal service through the Entity's address listed in the commercial register or license, the national address or the address written in the detection minutes. The notification is deemed to be received upon submitting a notice by the postal service provider stating that the notification has been delivered to the address. 3. The Ministry may seek assistance of the private sector in regard to delivering the committee's decisions. Reporting Offenses and Violations Article 12: The Ministry shall receive reports on suspicions of committing the offenses or violations stipulated in the Law according to a form designated for this purpose, in a manner that ensures quick and accurate +966 11 294 4444 | Riyadh 11162 الكميله العربيه السعوديه | www.mci.gov.sa وزاره التطاره Ministry of Commerce VISION à Jg دوله اداره السعوديه Kingdom of Saudi Arabia implementation of the procedures. Reports shall be received through the channels specified by the Ministry, such as: a. The website or the designated application; b. Unified number for reports; or c. The Ministry branches. Article 13: 1. Taking into consideration the confidentiality of informants' identity, the Ministry shall record reports submitted against those suspected of violating the provisions of the Law in a confidential register prepared for this purpose. 2. Reports shall include information and data determined by the Ministry, such as: a. Place and time of the report; b. Name, identity number, address and phone number of the informant. c. Name of the suspected Entity and persons, clear and precise description of the location and the incident subject of the report; d. Information or documents that can be relied upon to initiate the procedures of detecting offenses and violations stipulated in the Law, including any evidence or presumption. Article 14: The Ministry shall undertake reviewing and examining complaints, reports, referrals, data, documents and presented and obtained information; it may, if needed, contact the provider thereof to seek further clarification and request relevant data, documents and information; it may also seek assistance of whoever it deems appropriate. Article 15: The Ministry shall take necessary actions towards the received reports, and inform the informant of the outcome of his report after the judgment or decision becomes final. Reward Payment to Informants Article 16: Informants are entitled to receive the financial reward stipulated in paragraph (2) of Article (18) of the Law, if: a. The information provided in the report can be relied upon to initiate the detection and investigation procedures; b. A final judgment or decision is issued confirming the commission of the offense or violation subject of the report; c. The informant must not be a convict in the offense or violation subject of the report; d. The Ministry has collected the fine from the convict who committed the offense or violation. Article 17: The importance of the data, documents, and information provided by the informant and the benefit thereof in initiating the detection and investigation, including evidence or presumptions, shall be taken into account when determining the amount of the financial reward. In case of multiple informants, the financial reward shall be divided in accordance with this Article. +966 11 294 4444 | Riyadh 11162 Kingdom of Saudi Arabia | المملكه العربيه السعوديه f@ SaudiMCI www.mci.gov.sa وزاره التجاره Ministry of Commerce Final Provisions VISION d 30 دوليه اعلانيه شهدان KINGDOM OF SAUDI ARABIA Article 18: The Regulations shall be published in the Official Gazette and shall enter into force on the date the Law becomes effective. +966 11 294 4444 | Riyadh 11162 لارياض Kingdom of Saudi Arabia | المملكه العربيه السعوديه f @ SaudiMCI www.mci.gov.sa