Financial Crime World

Saudi Arabia’s Anti-Money Laundering Landscape: A Legal Perspective

Overview

The Kingdom of Saudi Arabia (KSA) has made strides in combating financial crimes, including money laundering, within its jurisdiction. This article provides an overview of the key laws, definitions, differences with international regulations, and penalties in Saudi Arabia’s anti-money laundering (AML) landscape.

  • Money laundering in Saudi Arabia is primarily governed by Saudi Arabia Cabinet Decision No. 80/1439
  • Replaced the previous anti-money laundering law
  • Lacks a clear definition of money laundering within the text
  • Article 2 of the AML provides a list of offenses considered money laundering

Money Laundering Offenses

Article 2 of the AML lists several money laundering offenses:

  1. Concealing, transferring, or conducting transactions of funds known to be from criminal activities
  2. Possessing or using such funds
  3. Disguising their origin

Penalties for these offenses can include:

  • Imprisonment
  • Hefty fines
  • Permanent business closure

Similarities and Differences

  • KSA’s AML legislation is largely in line with international standards
  • Compliant with most developed countries’ money laundering laws
  • International conventions & UN Security Council resolutions
  • Specific Saudi regulations & guidelines from entities like the Saudi Capital Market Authority (CMA) and the Saudi Arabian Monetary Agency (SAMA)

Regulatory Bodies and Regulations

Several regulatory bodies deal with money laundering in Saudi Arabia:

  • CMA: Issued the Anti-Money Laundering and Counter-Terrorist Financing Rules
  • Regulates industries beyond finance

Specific Duties for Professions and Industries

Regulations apply to various industries to guard against money laundering:

  • Real estate agents
  • Precious metals & stones dealers
  • Lawyers
  • Accountants
  • Trust and company service providers

Penalties for Money Laundering

Penalties for money laundering offenses include:

  • Imprisonment
  • Substantial fines
  • Corporate penalties
  • Asset confiscation

Criminal Property

Criminal property is specifically defined and seizure/execution is a sanction

Common Defenses

Common defenses against money laundering charges:

  1. Insufficient evidence
  2. Absence of intent to commit a crime
  3. Threats

Practical Checks for Businesses

Businesses can prevent complicity:

  1. Maintain due diligence
  2. Monitor triggering events
  3. Objectivity and professional doubt

Impact of Amounts Involved

Large amounts involved can significantly impact the offense and penalties

International conventions emphasize the role of financial institutions in detecting money laundering and setting reporting thresholds.

Authors

Authored by Marc Saroufim and Dario Najm