Authority Law

Oversight and Anti-Corruption Authority Law

Part One - Definitions

Article 1:

The following words and expressions, wherever they appear in this Law, shall have the meanings assigned thereto:
Law: The Oversight and Anti-Corruption Authority Law.
Authority: The Oversight and Anti-Corruption Authority.
President: The President of the Authority.
Unit: The Criminal Investigation and Prosecution Unit.
Public Entities: Ministries, government centers, authorities, public departments, public institutions, bodies with independent public legal personality, or any other public entity.

Article 2:

For the purposes of applying this Law, the following offenses shall be deemed corruption offenses:
1. Bribery offenses.
2. Offenses involving encroachment on public funds.
3. Offenses involving abuse of authority.
4. Any other offense designated as a corruption offense pursuant to a law.

Part Two - The Authority’s Body, Functions, and Powers

Article 3:

1. The Authority shall report to the King and shall have legal personality and financial and administrative independence.
2. The Authority’s headquarters shall be located in Riyadh, and it may establish branches or offices within the Kingdom as needed.
3. The Authority shall carry out its work with complete impartiality and free from influence by any party, and no one may interfere in its work.

Article 4:

The Authority shall be responsible for exercising administrative oversight over public entities, protecting integrity, promoting transparency, and combating corruption; and to that end, it shall have the following powers:
1. Conduct the necessary oversight to detect administrative violations and corruption offenses, and take the necessary action in respect thereof, in accordance with the relevant statutory provisions.
2. Receive complaints and reports of administrative violations and corruption offenses, verify their accuracy, and take the necessary statutory action in respect thereof.
3. Conduct investigations into administrative and financial violations and corruption offenses, initiate proceedings before the competent court, and take the necessary action in respect thereof, in accordance with the relevant statutory provisions.
4. Conduct preliminary and formal criminal investigation procedures in corruption offenses, and take the necessary action in respect thereof, in accordance with the relevant statutory provisions.
5. Follow up, in coordination with the competent authorities, on the recovery of funds and proceeds derived from corruption offenses, and complete the necessary statutory procedures in this regard.
6. Take precautionary and conservatory measures with respect to any person against whom there is evidence or indications that he has committed corruption offenses, in accordance with the relevant statutory provisions.
7. Take all necessary steps to protect any person who reports or provides information regarding administrative violations or corruption offenses, in accordance with the governing provisions.
8. Review the methods and procedures of public entities with the aim of protecting integrity and promoting transparency; identify vulnerabilities that may give rise to violations or corruption offenses; address such vulnerabilities; and coordinate with public entities to strengthen, develop, and update the measures, mechanisms, and tools required to prevent such violations and offenses.
9. Raise awareness of the concept of corruption, its risks and adverse effects, and of the importance of protecting integrity, promoting transparency, and self-monitoring; and encourage public and private sector entities, as well as civil society associations and organizations, to adopt plans and programs to protect integrity, promote transparency, and combat corruption.
10. Propose laws and policies related to administrative oversight, protecting integrity, promoting transparency, and combating corruption; propose amendments to existing laws and policies; and submit such proposals in accordance with the applicable statutory procedures.
11. Follow up on the implementation of the Kingdom’s obligations under international conventions related to administrative oversight, protecting integrity, promoting transparency, and combating corruption; and coordinate with the relevant authorities in respect thereof.
12. Represent the Kingdom in international conferences and forums on administrative oversight, protecting integrity, promoting transparency, and combating corruption; and cooperate with regional and international bodies and organizations operating in this field, in accordance with applicable procedures.
13. Organize conferences, seminars, and training programs relating to administrative oversight, protecting integrity, promoting transparency, and combating corruption, in accordance with applicable procedures.
14. Study reports issued by local civil society associations and organizations and by regional and international organizations on administrative oversight, protecting integrity, promoting transparency, and combating corruption; and propose the necessary actions in accordance with statutory procedures.
15. Support and conduct research and studies related to administrative oversight, protecting integrity, promoting transparency, and combating corruption; and coordinate with the relevant authorities, specialized research centers, and other partners to contribute to such efforts.
16. Collect, classify, and analyze information, data, reports, and statistics related to administrative violations and corruption offenses; establish dedicated databases and information systems; and publish information when warranted, provided that such publication does not conflict with confidentiality requirements or with applicable laws and regulations.
17. Work toward achieving the objectives set forth in the National Strategy for Protecting Integrity and Combating Corruption; follow up on its implementation with the relevant authorities; monitor, evaluate, and review its outcomes; and develop the plans, programs, and mechanisms necessary to implement it.
18. Exercise any other power conferred upon the Authority under a law.

Article 5:

1. The Authority may request the entities within its jurisdiction to provide any records, documents, papers, information, or data pertaining to matters within its mandate, and such entities shall provide the requested materials within the specified time limits.
2. When requesting records, documents, papers, information, and data pursuant to paragraph (1) of this Article, the Authority shall comply with the statutory provisions relating to the confidentiality of information and the prohibition of its disclosure.

Article 6:

Subject to the provisions of this Law, the Authority shall apply the provisions of the Law of Criminal Procedure and its Implementing Regulations, and of the Public Prosecution Law, to corruption offenses. The powers to apply such provisions shall be determined pursuant to regulations prepared by the Authority for this purpose, which shall include the necessary detailed provisions and shall be submitted to the King for approval.

Article 7:

The President shall issue a decision designating the Authority’s personnel who shall have the status of preliminary criminal investigation officers.

Article 8:

The Authority shall have a President holding the rank of Minister, and one or more Vice Presidents and Assistant Presidents, who shall be appointed by Royal Order.

Article 9:

The President shall oversee the Authority in the exercise of its powers, and shall have administrative and financial supervision over the Authority and its employees. In particular, he shall have the following powers:
1. Propose the Authority’s administrative regulations, including rules for disciplining its personnel, provided that such rules shall not apply to military personnel or to the members of the Unit; propose the Authority’s financial regulations; and submit both to the King for approval.
2. Propose the organizational structure of the Authority and submit it to the King for approval.
3. Issue the internal regulations necessary for the functioning of the Authority.
4. Issue regulations governing the Authority’s exercise of administrative oversight and administrative enforcement over public entities, and its conduct of administrative investigations into administrative and financial violations, in accordance with the relevant statutory provisions.
5. Represent the Authority before judicial bodies, public and private entities, and others, with the power to delegate others to do so.
6. Supervise the preparation of the Authority’s draft annual budget and its final account, and submit them to the King for approval.

Article 10:

The Authority shall comprise specialized units, including the following main units:
1. The Integrity Protection and Transparency Promotion Unit.
2. The Anti-Corruption Unit.
3. The Administrative Oversight and Investigation Unit.
4. The Administrative Intelligence Unit.
5. The Criminal Investigation and Prosecution Unit.
6. The International Cooperation Unit.

Article 11:

1. The Unit shall report to the President and shall be competent to conduct criminal investigations into corruption offenses and to file and pursue criminal actions before the competent court.
2. The Unit shall consist of a number of circuits, and the President shall issue a decision naming the head of each circuit and its members.
3. A member of the Unit must satisfy the statutory requirements necessary to hold the position of a member of the Public Prosecution.
4. Unit members shall be appointed, and transferred to any other entity, by Royal Order based on a decision of the Unit Council.
5. Except in cases of death, reaching the statutory retirement age, or being found unfit during the probationary period, the service of a Unit member shall be terminated by Royal Order based on a decision of the Unit Council.
6. The Unit shall have a Head and a Deputy Head, who shall be named by the President from among the appointed members of the Unit.

Article 12:

The work of the members of the Unit shall be of a judicial nature. Members of the Unit shall enjoy full independence and shall be subject, in the performance of their work, only to the provisions of Islamic Sharia and the relevant laws. No one may interfere in their work, and they may not be assigned any other duties.

Article 13:

The job titles of the members of the Unit shall be those provided for in the Public Prosecution Law. Members of the Unit shall be treated, in all their employment affairs, in the same manner as members of the Public Prosecution, and the President and the Vice Presidents shall have, in this regard, the powers vested in the Attorney General and his deputy, provided that the President issues the necessary decisions concerning the powers of the Vice Presidents.

Article 14:

1. A council named the “Criminal Investigation and Prosecution Unit Council” shall be established for the Unit, chaired by the President and composed of the following members:
(a) The Head of the Unit, as member and Vice Chairman.
(b) Five members of the Unit, none of whom shall hold a rank lower than Head of an Investigation and Prosecution Circuit (B), to be named by Royal Order upon nomination by the President, for a renewable term of four years.
2. The Unit Council shall have the following powers:
(a) Issue decisions relating to the employment affairs of the members of the Unit, including appointment, promotion, assignment, transfer, secondment, training, inspection, discipline, termination of service, and other matters, in accordance with the prescribed rules and procedures and in a manner that ensures the independence of the members.
(b) Establish the circuits necessary for the Unit to carry out its work, as work needs require.
3. Meetings of the Unit Council shall be chaired by its Chairman or Vice Chairman. A meeting of the Council shall not be valid unless attended by a majority of its members, including the chair of the meeting. Decisions of the Council shall be issued by at least a majority of the members of the Council, and in the event of a tie, the chair of the meeting shall have the casting vote.
4. Decisions of the Unit Council shall be final and shall not be subject to challenge before any judicial body.

Article 15:

1. Members of the Unit, as well as the Authority’s personnel specified in the administrative regulations referred to in paragraph (1) of Article 9 of this Law, shall, prior to assuming their duties, take the following oath before the President: “I swear by Almighty Allah to perform the duties of my position with honesty, sincerity, and impartiality, and not to disclose any information that I come to know by virtue of my work at the Authority, even after my relationship with it has ended.”
2. The Authority’s personnel shall submit financial disclosure statements in accordance with the governing provisions.

Article 16:

1. The Authority shall have an independent annual budget, the funds of which shall be deposited in a special account in the name of the Authority at the Saudi Central Bank, and disbursements shall be made therefrom in accordance with the financial regulations referred to in paragraph (1) of Article 9 of this Law.
2. The fiscal year of the Authority shall be the fiscal year of the State.

Article 17:

The Authority shall prepare reports, which the President shall submit to the King, as follows:
1. An annual report, to be submitted no later than ninety days after the end of the fiscal year, which shall include the following:
(a) The Authority’s achievements during the preceding year, the difficulties it encountered, and any proposals it deems appropriate.
(b) An assessment of the levels of integrity and transparency, and of the work of administrative oversight and combating corruption in the Kingdom.
2. Reports, as needed, on specific matters falling within the Authority’s mandate.

Part Three - Provisions Relating to Combating Corruption Offenses

Article 18:

A judgment issued by the competent court convicting a public employee, or any person treated as such under the law, of a corruption offense shall entail the dismissal of the convicted person from his position.

Article 19:

If, after assuming office, the wealth of a public employee or any person treated as such under the law increases in a manner disproportionate to his income or resources, and there are indications, based on financial investigations, that he has committed a corruption offense, the burden of proof shall rest upon him to establish that the cash or in-kind assets in his possession were acquired through legitimate means. This shall also apply to his spouse, children, and first-degree relatives. Should he fail to establish a legitimate source for such assets, the findings of the financial investigations shall be referred to the Unit to investigate him and take the necessary statutory steps to file a criminal action before the competent court seeking his punishment in accordance with Sharia and statutory requirements, provided that the action includes a request for the recovery or confiscation of the assets connected to the offense, should the offense be proven.

Article 20:

If a person accused of a corruption offense flees the Kingdom or dies, the Authority, in coordination with the relevant entities, shall take the necessary steps to obtain any available evidence and investigative findings for the purpose of initiating proceedings before the competent court to seek the return of the funds that are the subject of the offense, their confiscation, or the return of their value, as the case may be, along with the return of any proceeds derived from such funds. Once the judgment has been issued, has become final, and has been affixed with the seal of enforcement, the Authority shall coordinate with the Ministry of Justice to take the necessary measures to enforce the judgment within or outside the Kingdom in accordance with the Enforcement Law, the relevant international conventions, and the principle of reciprocity.

Article 21:

If the investigation of a public employee or any person treated as such under the law reveals strong suspicions affecting the dignity of public office or integrity, the President may, after consulting the head of the entity to which the employee belongs, propose his dismissal by Royal Order, without prejudice to the completion of the criminal proceedings against him.

Article 22:

The Authority may conclude financial settlements with natural or legal persons who have committed corruption offenses and who have taken the initiative to submit requests to that effect, pursuant to rules prepared by the Authority and issued by Royal Order, which shall include a classification of the categories covered by such settlements and the procedures relating thereto.

Part Four - Final Provisions

Article 23:

This Law shall repeal all provisions conflicting therewith.

Article 24:

This Law shall enter into force ninety days from the date of its publication in the Official Gazette.