Law of Combating Terrorist Crimes and its Financing in Saudi Arabia

The Law of Combating Terrorist Crimes and its Financing in the Kingdom of Saudi Arabia is a set of legal rules related to terrorism as a crime. It defines the specific procedures, penalties, and circumstances that determine the applicable penalty for each of the crimes listed in the law.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom was issued by Royal Decree on November 1, 2017, and by Saudi Council of Ministers decision No. 92 on October 31, 2017. It contains ninety-six articles, with two of them amended later. The law replaced the previous Law of Terrorist Crimes and its Financing, issued by Royal Decree on December 27, 2013, and nullified any provisions that conflict with it.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom defines a terrorist crime as any act carried out by the perpetrator, individually or collectively, directly or indirectly, as part of a criminal plan that results in disturbing public order, destabilizing the security of society, threatening the stability of the state, endangering national unity, or disrupting the Basic Law of Governance.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom outlines the main crimes subject to the penalties mentioned in the law, focusing on seven specific crimes with defined objectives. The law also specifies the individuals to whom the crimes apply, whether they are Saudi nationals or foreigners. The law applies to anyone who commits a terrorist crime, assists in its commission, attempts to commit it, incites, contributes to, or participates in it.

The objectives for which individuals may be prosecuted under the terrorism penalties in the Law of Combating Terrorist Crimes and its Financing in the Kingdom include: changing the system of governance in the Kingdom, disrupting the Basic Law of Governance or parts of it, coercing the state into taking or refraining from certain actions, attacking Saudi nationals abroad, damaging state-owned properties and its diplomatic missions abroad, including embassies and other diplomatic or consular locations, committing a terrorist act on a means of transportation registered with or bearing the flag of the Kingdom, and, finally, undermining the interests, economy, or national security of the Kingdom.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom outlines the procedures related to the work of the Presidency of State Security, which include criminal investigation and evidence gathering. This encompasses search, surveillance, arrest, criminal and administrative prosecution, collection of evidence, financial investigation, and covert operations, as well as identifying, tracking, and seizing the suspect's assets, crime proceeds, or tools involved in the crimes stipulated in the law.

The President of State Security, during the investigation stage, may order the competent authority to urgently impose a precautionary freeze, without notifying the concerned party, on funds, assets, or proceeds suspected of being linked to any of the crimes stipulated in the law, or that may be used in such crimes and are subject to potential confiscation.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom also grants the Presidency of State Security the right, during the investigation stage, to request any individual, financial institutions, designated non-financial businesses and professions, or non-profit organizations to provide records, documents, or information. The requested party must comply correctly and accurately, as specified in the request, in an urgent manner. If the request is directed to a financial institution, it must be executed through the regulatory authority responsible for overseeing that institution.

The President of State Security has the authority to establish regulations, procedures, and measures to ensure the security and safety of individuals who have been released. Law enforcement officers or military personnel assigned to combat crimes have the right to use force in accordance with the regulations stipulated by law when apprehending any of those crimes.

The President of State Security also has the authority to prevent a suspect in the commission of any of the crimes from traveling outside the Kingdom. The travel ban must be presented to the Public Prosecution within seventy-two hours from the issuance of the order. Other measures related to the suspect’s travel or entry into the Kingdom may also be taken. The travel ban order may include a provision not to inform the suspect of the measures taken against them if security interests require it. The President of State Security also has the authority to grant temporary release to a person convicted of a crime stipulated in the law during the execution of their sentence.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom specifies the procedures related to the work of the Public Prosecution, which is responsible for issuing summonses or orders for the arrest and bringing in of individuals suspected of committing any of the crimes stipulated in the law. The law prohibits keeping a detainee in custody for more than seven days without a written order. The Public Prosecution has the right to request any individual, financial institution, designated non-financial businesses and professions, or non-profit organizations to provide records, documents, or information. The requested party must comply correctly and accurately, as specified in the request, in an urgent manner. If the request is directed to a financial institution, it must be executed through the regulatory authority responsible for overseeing that institution.

The Public Prosecution may also order the competent authority to impose an urgent precautionary freeze, without notifying the concerned party, on funds, assets, or proceeds suspected of being linked to any of the crimes stipulated in the law or that may be used in such crimes and are subject to potential confiscation. The Attorney General may also prevent the accused of committing any of the crimes from traveling outside the Kingdom. The travel ban order may include a provision not to inform the accused of the measures taken against them if the interest of the investigation requires it.

The Public Prosecution's responsibilities include issuing warrants to enter and search homes, offices, or buildings at any time during the period specified in the search warrant, arresting individuals, and seizing and securing funds, property, documents, evidence, or information related to any of the crimes specified in the law. The Attorney General may issue a reasoned order for surveillance and access to evidence, records, and communications, including letters, printed materials, parcels, and all forms of communication, as well as information and documents stored in electronic systems related to any of the crimes stipulated in the law. This also includes intercepting, seizing, and recording such communications and data.

The Public Prosecution's responsibilities include investigating the crimes stipulated in the law, filing criminal cases, and pursuing them before the competent court. The Public Prosecution is also responsible for issuing orders to detain any individual accused of committing a crime stipulated in the law for a period or successive periods, each not exceeding thirty days, with the total detention period not exceeding twelve months. In cases that require a longer detention period, the matter is referred to the competent court to decide on the extension.

The Public Prosecution may issue an order prohibiting contact with or visits to the accused for a period not exceeding ninety days if required in the interest of the investigation. If the investigation requires a longer prohibition period, the matter is referred to the competent court to decide. Additionally, during the investigation phase, the Public Prosecution may restrict the accused's right to appoint a lawyer or legal representative if the interest of the investigation demands it. The Public Prosecution is also responsible for identifying, tracking, and determining the funds, assets, and proceeds that may be subject to confiscation.

The law permits the Public Prosecution to suspend legal proceedings against an individual who voluntarily reports a crime, either before or after its commission, and cooperates with the relevant authorities during the investigation to apprehend other perpetrators, or those involved in another crime of a similar nature and severity, or assists the authorities by identifying individuals who are wanted or dangerous and have criminal plans similar in type and severity to the crime in question. The Public Prosecution may also grant temporary release to any detainee involved in a crime, provided that such release does not harm the interests of the investigation, or if there is no concern that the individual may escape or disappear.

The competent court is responsible for adjudicating crimes stipulated in the Law of Combating Terrorist Crimes and its Financing, as well as requests for the enforcement of foreign final judgments related to any terrorist crime or terrorism financing crime. This includes judgments concerning the confiscation of funds, proceeds, or assets linked to any of those crimes. The court also handles cases seeking the annulment of decisions and compensation claims related to the application of the provisions of this law. Judgments issued by the competent court may be appealed before the Specialized Criminal Court of Appeals, and objections to its rulings can be made to a specialized chamber in the Supreme Court in cases stipulated by the Law of Criminal Procedures.

The competent court has the right, when necessary, to question experts and hear witnesses in the absence of the defendant and their lawyer. The defendant or their lawyer is informed of the content of the testimony and expert report, without disclosing the identity of those who provided them. The necessary protection must be provided based on the witness's or expert's situation, the circumstances of the case in which they are involved, and the types of potential risks. No statute of limitations applies to any of the crimes stipulated in the law.

The court may issue a judgment in absentia against a defendant accused of committing a crime stipulated in the Law of Combating Terrorist Crimes and its Financing if the notification has been made by the court through official channels or one of the official media outlets. Upon the defendant's arrest or appearance, they are brought before the court that issued the judgment for a retrial.

The law stipulates that anyone who defames the King or Crown Prince by making statements that impugn their religion or justice is punished with imprisonment for a period not exceeding ten years and not less than five years. Anyone who carries a weapon or explosives in furtherance of a terrorist crime is punished with imprisonment for a period not exceeding thirty years and not less than ten years.

The penalty for anyone who supports terrorist ideology, promotes it, endorses a terrorist entity or crime, expresses sympathy for its perpetrators, justifies their actions or crimes, or promotes or praises them in any way, including possessing or acquiring any document, publication, or recording—of any type—with the intent to distribute or promote such ideology or crimes, ranges from three to eight years of imprisonment.

The penalty for anyone who establishes, manages, or assumes a leadership position in a terrorist entity is imprisonment for a period not exceeding twenty-five years and not less than fifteen years. If the perpetrator is a military officer or personnel or has previously received training from a terrorist entity, the prison sentence is not less than twenty years and does not exceed thirty years. The penalty for anyone who joins or participates in a terrorist entity is imprisonment for a period not exceeding twenty years and not less than three years. If the perpetrator is a military officer or personnel or has previously received training from a terrorist entity, the prison sentence is not less than fifteen years and does not exceed thirty years.

Anyone who, in order to commit any of the crimes stipulated in the law, commits any of the following acts is punished with imprisonment ranging from ten to twenty years: allocating, preparing, or managing a place for training; training or being trained; or financing training on the use of weapons, explosives, nuclear, chemical, biological, or radioactive materials, toxins, incendiary devices, or any means of wired, wireless, or electronic communications; or training on the manufacture, preparation, assembly, development, equipping, possession, acquisition, or smuggling of such items; or engaging in forgery, counterfeiting, or using media methods, military or security tactics, or combat skills.

The penalty for anyone who incites another person to join a terrorist entity, participates in its activities, recruits them, or contributes to financing any of these actions ranges from eight to twenty-five years of imprisonment. However, if the person prevented another from withdrawing from the entity or exploited any authority, responsibility, educational, training, supervisory, social, or media role over them for this purpose, the prison sentence will not be less than fifteen years.

Anyone who provides a terrorist entity, any of its members, or any terrorist with any means of communication, or offers them information, advice, assistance, means of livelihood, shelter, housing, medical treatment, transportation, a meeting place, or any other facilities that help them achieve their objectives will be punished with imprisonment ranging from ten to twenty years.

The penalty for anyone who provides a terrorist entity, any of its members, or any terrorist with weapons, explosives, ammunition, nuclear, chemical, biological, or radioactive materials, toxins, or incendiary devices ranges from ten to thirty years of imprisonment. The same penalty applies to anyone who provides a terrorist entity, any of its members, or any person connected to any of the crimes stipulated in the law with either genuine or forged documents.

Anyone who kidnaps, detains, imprisons, or threatens to carry out any of these acts in furtherance of a terrorist crime or a terrorism financing crime will be punished with imprisonment ranging from ten to thirty years. The competent court may impose the death penalty if any of these acts are accompanied by the use or brandishing of weapons or explosives. Anyone who hijacks a public transportation vehicle, or threatens to do so, in furtherance of a terrorist crime or a terrorism financing crime will be punished with imprisonment ranging from ten to thirty years. The penalty may extend to the death sentence if any of these acts are accompanied by the use or brandishing of weapons or explosives.

The penalty for anyone who smuggles weapons, ammunition, explosives, nuclear, chemical, biological, or radioactive materials, toxins, incendiary devices, or any means of wired, wireless, or electronic communication, or manufactures, develops, assembles, prepares, equips, imports, possesses, or acquires them, or smuggles any parts, raw materials, or devices used in their manufacture, preparation, or equipping, or transports them via mail or any public or private means of transport, or any other method with the intent to use them in committing any of the crimes stipulated in the law, is imprisonment ranging from fifteen to twenty-five years.

Anyone who broadcasts or publishes, by any means, false or malicious news, statements, or rumors, with the intent to commit a terrorist crime, will be punished with imprisonment ranging from one to five years. Anyone who uses the territory of the Kingdom for planning or meeting to commit a terrorist crime or a terrorism financing crime outside the Kingdom will be punished with imprisonment ranging from five to ten years. The penalty for anyone who obstructs the course of an investigation or trial, resists, assaults, or threatens to assault anyone involved in enforcing the provisions of the law, or any of their relatives or property, is imprisonment ranging from three to ten years.

The penalty for anyone who damages public or private facilities or property, transportation means, air, sea, or land navigation facilities, seabed-fixed platforms, or exposes them to danger, disables them, or disrupts services in them, ranges from eight to fifteen years of imprisonment. Anyone who creates or uses a website on the internet, a program on a computer device, or any electronic devices, or publishes any of them to commit a crime stipulated in the law, to facilitate communication with leaders or members of any terrorist entity, to promote its ideas, to finance it, or to disseminate information on how to manufacture incendiary devices, explosives, or any tool for use in a terrorist crime, will be punished with imprisonment ranging from five to twenty years.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom stipulates that anyone who travels to another country to commit a crime stipulated in the law will be punished with imprisonment ranging from five to fifteen years. Any legal entity will be fined between SAR3 to 10 million if any of its owners, representatives, managers, or agents commit or contribute to any of the crimes stipulated in the law, provided the crime was committed in the name of or on behalf of the legal entity. This is without prejudice to the responsibility of the natural person who committed the crime. The competent court may rule to temporarily or permanently suspend the activities of the legal entity or to permanently or temporarily close its branches or offices associated with the commission of the crime. The court may also order the liquidation of its business or appoint a judicial custodian to manage its funds and operations. In all cases, the issued judgment may include a provision for publishing a summary of the judgment at the convicted person's expense in a local newspaper in their place of residence. If no newspaper exists in their location, it may be published in the nearest area or through any other appropriate means. The publication will only occur after the judgment becomes final.

Anyone who provides, collects, receives, allocates, transfers, converts, or possesses funds, or solicits donations—by any means, directly or indirectly, from a lawful or unlawful source—intending to use them wholly or partially to commit any of the crimes stipulated in the law, or knowing that they will be used wholly or partially to finance a terrorist crime inside or outside the Kingdom, or that they are linked to it, or will be used by a terrorist entity for any purpose, even if the crime has not occurred or the funds have not been used, will be punished with imprisonment of no less than five years and no more than fifteen years. If the perpetrator used the facilities granted by their job, profession, or social status for this purpose, the sentence will not be less than ten years.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom stipulates the death penalty for anyone who commits a crime specified in the law that results in the death of one or more persons. Under the Law of Combating Terrorist Crimes and its Financing in the Kingdom, a Saudi citizen sentenced to imprisonment for any of the crimes stipulated in the law will be prohibited from traveling outside the Kingdom for a period equivalent to the duration of their imprisonment after completing their sentence.

A Saudi citizen sentenced to imprisonment for any of the crimes stipulated in the Law of Combating Terrorist Crimes and its Financing will be prohibited from traveling outside the Kingdom for a period equivalent to the duration of their imprisonment after completing the sentence. A non-Saudi citizen sentenced to imprisonment for any of the crimes stipulated in the law will be deported from the Kingdom after serving their sentence and will not be allowed to return.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom permits the confiscation of proceeds if they are in the possession or ownership of the offender or a third party. If these proceeds are mixed with funds obtained from legitimate sources, an amount equivalent to the estimated value of the proceeds will be confiscated. Additionally, the means and funds associated with any of the crimes stipulated in the law, or intended for use in such crimes, will be confiscated. If it is impossible to confiscate the funds, means, or proceeds, or if their location cannot be determined, a judicial order will be issued to confiscate other assets equivalent to the value of those funds, means, or proceeds.

According to the Law of Combating Terrorist Crimes and its Financing in the Kingdom, funds, means, or proceeds cannot be confiscated if their owner proves that they were acquired in exchange for fair value, for providing a service that corresponds to their worth, or based on other legitimate reasons, and that the owner was unaware of their illicit source.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom allows the relevant authorities to exchange available information with counterpart agencies in other countries, conduct investigations on their behalf, or form joint investigation teams to assist in inquiries. It also facilitates the controlled delivery of funds with countries that have active agreements with the Kingdom or based on reciprocal treatment, without violating the rules and customs related to information confidentiality.

The accused or convicted individual in any of the crimes stipulated in the law may be extradited to or from another country, provided that the extradition is in accordance with an active agreement between the Kingdom and the requesting country, or based on the principle of reciprocity. If an extradition request for an individual involved in such crimes is denied, they will be tried by the competent courts in the Kingdom, with assistance from the investigations provided by the requesting country.

The Law of Combating Terrorist Crimes and its Financing in the Kingdom called for the establishment of specialized centers for the educational awareness of detainees and convicted individuals, aiming to correct their ideologies and deepen their national belonging. The rules for the committees in these centers, their formation, and the compensation for their members and those who assist them are to be determined by a decision from the President of State Security.

The Presidency of State Security establishes (Reform and Rehabilitation Centers) to care for detainees and convicted individuals, facilitating their reintegration into society, deepening their national belonging, and correcting their misconceptions. The President of State Security issues the regulations governing these centers and the compensation for their staff and collaborators.