In the efforts to combat commercial concealment (tasattur) in Saudi Arabia, the National Anti-Commercial Concealment Program has outlined seven conditions that may exempt perpetrators from the penalties specified in the Anti-Commercial Concealment Law. These conditions, detailed in Article Two of the exemption rules, aim to encourage cooperation and reporting of such crimes.
1. Ceasing the Crime: The perpetrator must stop the concealment activity immediately upon being informed about it.
2. Reporting the Crime: The perpetrator must promptly inform the Ministry of Commerce about their involvement or disclose information about other individuals involved before official authorities discover the crime.
3. No Prior Offense: None of the perpetrators should have a previous record of committing the crime of concealment.
4. Cooperation with Authorities: The perpetrator must fully cooperate with the Ministry of Commerce and other competent authorities during the investigation process.
5. Providing Evidence or Information: The perpetrator should provide substantial evidence or information related to the concealment crime.
6. Preserving Evidence: The perpetrator must not destroy, forge, or hide any relevant information or evidence linked to the crime.
7. Access to Proceeds: The report by the perpetrator should help authorities access the proceeds of other individuals involved or prevent them from controlling the illicit gains.
The Anti-Concealment Law Penalties:
The Anti-Concealment Law imposes strict penalties on those involved in tasattur, including:
1. Imprisonment of up to five years.
2. A fine of up to SR5 million.
3. Seizure and confiscation of illegal funds.
4. Additional consequential penalties such as facility closure, liquidation of commercial activity, cancelation of the commercial register, prevention from practicing commercial activities, and more.
The law also includes actions like collecting zakat, fees, and taxes, deportation of expatriate perpetrators, and banning their return to work in the Kingdom.
It is essential for individuals to be aware of these conditions and the legal consequences of engaging in commercial concealment. Cooperation with authorities can lead to potential exemptions, but non-compliance may result in severe penalties.
