Instructions on Providing Government and Non-Government Entities with Documents, Information and Data of Customer Bank Accounts

In the Name of Allah, the Most Gracious, the Most Merciful

Saudi Arabian Monetary Authority
Headquarters

Banking Policies Department

Number: ....................
Date: ....................
Corresponding to: 19/07/1439H
Attachments: 4

Circular / Important

To: .................................................................................... Respectfully, Greetings,

Subject: Instructions on Providing Government and Non-Government Entities with Documents, Information and Data of Customer Bank Accounts.

Given that banking secrecy is one of the established rules and principles in the work of banks and financial institutions worldwide, and due to its importance as a fundamental pillar for the reputation of the banking sector and enhancing the trust of its users, the systems in the Kingdom have given it utmost importance. In reference to the Authority's Circular No. (371000018717) dated 14/02/1437H regarding the emphasis on the instructions on the confidentiality of banking information and not disclosing customer data and information before obtaining the Authority's non-objection. And with the desire to clarify the mechanism and procedure that licensed banks, banks, and money changers in the Kingdom must take regarding repeated requests and inquiries in this regard.

Attached herewith are the instructions organizing the cases in which licensed banks, banks, and money changers are prohibited from directly disclosing customer data and information before obtaining the Authority's non-objection, and the cases in which disclosure is allowed directly to entities without referring to the Authority and without the need to obtain prior non-objection.

For information, and to inform all relevant departments and branches to act accordingly.

Accept my greetings and appreciation,

Ahmed bin Abdullah Al Sheikh
Deputy Governor for Supervision

Distribution Scope

• Banks and financial institutions operating in the Kingdom
• Licensed money changers in the Kingdom
• General Departments of Banking Supervision
• General Administration of Legal Affairs
• Customer Protection Department

P.O. Box 2992, Riyadh 11169, Telegram Address: Markazi, Telex 404400, Phone 4633000, Fax 4662414

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In the Name of Allah, the Most Gracious, the Most Merciful

Saudi Arabian Monetary Authority
Headquarters

Banking Policies Department

Number: ....................
Date: ....................
Corresponding to: ....................
Attachments: ....................

Subject: Instructions on Providing Government and Non-Government Entities with Documents, Information and Data of Customer Bank Accounts.

First: Cases in which licensed banks, banks, and money changers are prohibited from directly disclosing to government and non-government entities:

Several systems and regulations have granted certain entities the authority to request information, documents, or disclosure of relationships and bank accounts belonging to customers, but they mandated that such requests be submitted through the Saudi Arabian Monetary Authority, as follows:

1- Criminal Cases: Article 58 of the Executive Regulations of the Criminal Procedures System issued by Council of Ministers Decision No. (142) dated 21/3/1436H specified the competent authority to request them, stating: "The seizure of funds and balances held at banks and the freezing thereof, and inquiries about them during the investigation stage; shall be by a request addressed to the Saudi Arabian Monetary Authority from the head of the Public Prosecution branch in the region, or from an authority empowered to request that."

2- Civil Cases: It is within the jurisdiction of the competent judicial authorities based on the Execution System issued by Royal Decree No. (M/53) dated 13/8/1433H and its executive regulations, and the Civil Procedures System issued by Royal Decree No. (M/1) dated 22/1/1435H, which granted judicial authorities several powers in this regard by a request addressed to the Saudi Arabian Monetary Authority.

It was previously confirmed in the written telegram issued by His Royal Highness the Minister of Interior No. (89853) dated 30/6/1436H, emphasizing that requests for information, documents, or disclosure of banking relationships and accounts or freezing them must be through the Authority based on a request from the Public Prosecution in criminal cases, or from judicial authorities in civil cases.

3- Powers granted to other government entities under their systems: The systems of some other public entities included exceptional powers to request specific information about some customers of banks, banks, and licensed money changers in the Kingdom related to the work of those entities. Any information requested from them is subject to the same rules as criminal and civil cases, meaning it must be through the Saudi Arabian Monetary Authority and with its approval based on objective (factual and circumstantial) justifications.

Therefore, licensed banks, banks, and money changers in the Kingdom must, upon receiving a direct request from government and non-government entities related to the aforementioned cases, respond in writing apologizing for not fulfilling the request and refer in the response to the number and date of these Authority instructions and that such requests

P.O. Box 2992, Riyadh 11169, Telegram Address: Markazi, Telex 404400, Phone 4633000, Fax 4662414

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In the Name of Allah, the Most Gracious, the Most Merciful

Saudi Arabian Monetary Authority
Headquarters

Banking Policies Department

Number: ....................
Date: ....................
Corresponding to: ....................
Attachments: ....................

are handled through the Authority upon request from the Public Prosecution in criminal cases or from the competent judicial authorities in civil cases, and regarding requests from government entities authorized to request directly from the Saudi Arabian Monetary Authority (attached is a sample model for responding to entities).

Second: Specific cases and entities in which licensed banks, banks, and money changers are allowed to directly disclose information, data, documents, or disclose banking relationships and accounts, without the need to obtain the Authority's non-objection.

In exception to what was mentioned in the First section above, and in accordance with the special instructions issued by the Authority for licensed banks, banks, and money changers and based on the contractual relationships between entities and banks, banks, money changers, and their customers, it is allowed to provide information, documents, data, and disclose banking relationships and accounts directly without the need for non-objection from the Authority in the following cases only, by way of enumeration:

1- Requests received directly from the General Directorate of Financial Investigations in the Presidency of State Security, based on the provisions of the Anti-Money Laundering System or the System of Combating Terrorism and its Financing, to provide them with information, data, and documents related to a suspicion report previously sent by the bank, financial institution, or licensed money changer, provided that the requested data and documents are limited to the report only.

2- Requests received directly from judicial authorities regarding lawsuits in which the bank, financial institution, or licensed money changer is a party (plaintiff or defendant), provided that the information or documents requested to be provided to the judicial authorities are within the limits necessary for the consideration of the lawsuit, and do not exceed to disclosing data and information of other customers (parties) who are not parties or involved in the lawsuit.

3- Requests received directly from government and non-government entities regarding information, documents, and data concerning their accounts and transactions with the bank, financial institution, or licensed money changer, provided that the request is signed by those authorized to manage the entity's accounts or by the highest official in the entity according to the contractual relationship rules.

4- Requests received directly from the Public Prosecution and security authorities and their branches to provide them with the television recording of ATM devices located outside branch headquarters, outside the main center headquarters, and regional administrations, or on their external fronts (for operations whose execution date has not exceeded 12 months).

5- Requests received directly from the Public Prosecution and security authorities and their branches to provide them with the television recording of cameras located on the external front of branch headquarters, the main center headquarters, and regional administrations that reveal only the external surroundings of the building (for operations whose execution date has not exceeded 12 months).

P.O. Box 2992, Riyadh 11169, Telegram Address: Markazi, Telex 404400, Phone 4633000, Fax 4662414

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In the Name of Allah, the Most Gracious, the Most Merciful

Saudi Arabian Monetary Authority
Headquarters

Banking Policies Department

Number: ....................
Date: ....................
Corresponding to: ....................
Attachments: ....................

Third: Compliance with the provisions of these instructions and not exceeding them:

1- Licensed banks, banks, and money changers must designate a department at the headquarters to handle the above requests, and the internal audit must prepare an annual report on the number and types of cases and entities dealt with in accordance with these instructions.

2- The Authority emphasizes that disclosing customer information or using it - other than the mechanisms and procedures outlined in these instructions - constitutes a criminal act under the Banking Control System and entails regulatory penalties. Licensed banks, banks, and money changers must continuously emphasize this to their employees and follow up on compliance with these instructions.

End

P.O. Box 2992, Riyadh 11169, Telegram Address: Markazi, Telex 404400, Phone 4633000, Fax 4662414

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In the Name of Allah, the Most Gracious, the Most Merciful

Saudi Arabian Monetary Authority
Headquarters

Banking Policies Department

Number: ....................
Date: ....................
Corresponding to: ....................
Attachments: ....................

(Sample model for appropriate response to cases in the First section)

Subject: Request for banking information

To: .................................................................................... Respectfully
Name of the entity to be responded to: ....................................................................
Peace, mercy, and blessings of Allah be upon you,

I refer to your letter No. .................... dated .................... regarding the request for (information/documents .................... as per the request) concerning/ ...................., ID No. (....................).

We inform you that the instructions communicated by the Saudi Arabian Monetary Authority pursuant to Circular No. (....................) dated .................... stipulate that Article (58) of the Executive Regulations of the Criminal Procedures System stated that "the seizure of funds and balances held at banks and the freezing thereof, and inquiries about them during the investigation stage, shall be by a request addressed to the Saudi Arabian Monetary Authority from the head of the Public Prosecution branch in the region, or from an authority empowered to request that." And that the provisions of the Execution System and its executive regulations and the Civil Procedures System granted judicial authorities the authority to request disclosure of banking relationships and information belonging to bank customers and freezing them through the Saudi Arabian Monetary Authority, and that the telegram of His Royal Highness the Minister of Interior No. 89853 dated 30/6/1436H emphasized that requests for information, documents, or disclosure of banking relationships and accounts or freezing them must be through the Authority based on a request originating from the Public Prosecution in criminal cases, or from judicial authorities in civil cases, and that requests from other government entities authorized under their systems for information not related to criminal and civil cases must be from the entity itself directly to the Saudi Arabian Monetary Authority, such that the request is related to the entity's work and based on objective and justified facts and circumstances.

Therefore, we hope you are aware that providing the requested (information/documents) shall be in accordance with the aforementioned instructions.

Accept my sincere greetings

Signature ....................

P.O. Box 2992, Riyadh 11169, Telegram Address: Markazi, Telex 404400, Phone 4633000, Fax 4662414