Pursuant to Article (70) of the Basic Law of Governance, issued by Royal Order no. (A/90), dated 27/8/1412H;
Pursuant to Article (20) of the Law of the Council of Ministers, issued by Royal Order no. (A/13), dated 3/3/1414H;
Pursuant to Article (18) of the Shura Council Law, issued by Royal Order no. (A/91), dated 27/8/1412H;
Upon perusal of the Shura Council Resolution no. (84/57) dated 26/11/1429H;
And upon perusal of the Council of Ministers Resolution no. (244), dated 20/7/1430H.
First: Approval of the Anti-Trafficking in Persons Law, in the form enclosed herewith;
Second: His Highness the Deputy Prime Minister and Their Excellencies the Ministers, each in his respective capacity, shall implement this decree.
Abdullah bin Abdulaziz Al Saud
Resolution no. 244, dated 20/7/1430H
The Council of Ministers:
Upon perusal of the correspondence no. (47832/B), incoming from the Office of the Presidency of the Council of Ministers, dated 3/12/1429H, including the draft Anti-Trafficking in Persons Law;
Upon perusal of the Meeting Minutes no. (185) dated 12/5/1428H; Meeting Minutes no. (52), dated 5/2/1429H; and Meeting Minutes no. (340), dated 24/7/1429H; and Memorandum no. (388), dated 30/8/1429H, drafted by the Bureau of Experts at the Council of Ministers;
Upon review of the Shura Council Resolution no. (84/57) dated 26/11/1429H;
Upon perusal of the Meeting Minutes no. (90), dated 23/2/1430H drafted by the Bureau of Experts at the Council of Ministers;
And upon perusal of the recommendation of the General Committee of the Council of Ministers no. (357), dated 9/5/1430H;
Has decided as follows:
First: Approval of the Anti-Trafficking in Persons Law, in the form enclosed herewith; a draft royal decree has been drawn up to this effect, a copy of which is enclosed herewith.
Second: Formation of a committee to combat trafficking in persons at the Human Rights Commission; said committee shall include representatives from the Ministry of Interior, the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Labor and Social Development, the Ministry of Culture and Media, and the Human Rights Commission.
Third: Said committee shall have the following competencies:
1- Monitoring the situation of victims of trafficking in persons to ensure that they are not exposed to abuse again;
2- Establishing a policy that urges active search for victims and training of personnel in victim identification techniques;
3- Coordinating with the competent authorities to return victims to their native countries, namely their countries of nationality, or to any place of residence in another country if they so request;
4- Making a recommendation to keep victims in the Kingdom and to settle their legal conditions to enable them to work if necessary; such recommendation – upon approval – shall be subject to review pursuant to the same procedures each year as a maximum;
5- Preparing research, information, media campaigns and socioeconomic initiatives to prevent and combat trafficking in persons;
6- Coordinating with state agencies regarding information and statistics related to crimes of trafficking in persons.
Fourth: The President of the Human Rights Commission shall issue a resolution regulating the work of the said committee.
The Prime Minister
The following terms, wherever mentioned in this Law, Shall have the meanings assigned thereto, unless otherwise required by context:
1- Trafficking in persons: Use, recruitment, transportation, harboring or receipt of a person for the purpose of exploitation.
2 - Transnational crime: A crime shall be deemed transnational in the following cases:
a- If committed in more than one country.
b- If committed in one country, yet, a significant part of preparation, planning direction or supervision thereof is carried out in another country.
c -If committed in one country with the participation of an organized crime group performing crime activities in more than one country,
d- If committed in one country but has grave effects in another country.
3 -0rganized crime groups: Any group of two or more persons carrying out a planned act to traffic in persons to receive, whether directly or indirectly, material, financial or other benefits.
4-Child: Any person not exceeding eighteen years of age.
It is prohibited to commit any act of trafficking in persons. Including coercion, threat, fraud, deceit or abduction of a person, abuse of position or power or any authority thereon, taking advantage of the person's vulnerability, giving or receiving payments or benefits to achieve the consent of a person having control over another person for sexual assault, forced labor or services. mendicancy, slavery or slavery- like practices, servitude or the removal or organs or for conducting medical experiments thereon.
Any person who commits an act of trafficking in persons shall be punished by imprisonment for a period not exceeding fifteen years or a fine not exceeding one million Riyals, or by both.
Penalties provided for in this law shall be made harsher in the following cases:
1- If the crime is committed by an organized crime group.
2- If the crime is committed against women or people with special needs.
3- If the crime is committed against a child, even if the perpetrator is not aware of the fact that the victim is a child.
4- If the perpetrator uses or threatens to use a weapon.
5- If the perpetrator is the spouse, ascendant, descendant or guardian of, or has authority over the victim.
6- If the perpetrator is a law enforcement officer.
7- If the crime is committed by more than one person.
8- If the crime is transnational.
9- If the crime inflects severe harm on or results in permanent disability of the victim.
Consent of victims shall be deemed irrelevant in any of the crimes provided for in this law.
Any person who commits the following acts shall be punished by imprisonment for a period not exceeding five years or a fine not exceeding two hundred thousand Riyals, or by both:
1- Any person who uses physical force, threat, terror, deprivation of due benefits: or promises,offers or grants an undeserved benefit to instigate false testimony or interfere therewith or present false evidence relating to committing any of the crimes provided for in this law.
2- Any person who uses physical force, threat or terror to interfere with the performance of official duties by a judicial or law enforcement officer in relation to any of the crimes provided for in this law.
Any person who becomes aware of committing any of the crimes provided for in this law or an attempt to commit the same, even if liable for professional confidentiality, or receives information or leads related directly or indirectly to such crime, and does not immediately notify the competent authorities thereof; shall be punished by Imprisonment for a period not exceeding two years or a fine not exceeding one hundred thousand Riyals, or by both. The competent court may exclude parents, children, spouse and siblings from the provisions of this Article 6
Any person who participates in trafficking in persons or takes part in any of the crimes provided for in Articles 4. 2 and 6 of this law shall receive the same penalty as the perpetrator.
Any person who knowingly possesses, conceals or disposes of items resulting from any of the crimes provided for in this law, harbors one or more persons involved therein with the intention to assist the same in evading justice or helps conceal evidence of the crime: shall be punished by imprisonment for a period not exceeding five years or a fine not exceeding two hundred thousand Riyals. Or by both The competent court may relieve a defendant from the penalty imposed on harboring fugitives if the fugitive in question is a spouse, ascendant or descendent thereof.
Attempts to commit any of the crimes provided for in Articles 4, 2 and 6 of this law shall receive the penalties prescribed for completed crimes.
The competent court may, in all cases, confiscate private property, luggage, tools and other items used, prepared for use in or resulting from trafficking in persons.
Any perpetrator who notifies the competent authorities of information regarding a crime prior to its commencement, leading to detection of said crime prior to its commission, apprehension of the perpetrators or preventing completion thereof shall be exempted from penalties prescribed For crimes specified in this law. If notification of the competent authorities takes place after the crime has been committed, said perpetrator may be exempted from the penalty if such notification leads to the arrest of the remaining perpetrators by the competent authorities. If the notification takes place during the investigation, the penalty may be reduced.
Without prejudice to the liability of natural persons, if a crime of trafficking in persons is knowingly committed through, to the benefit of or on behalf of a corporate person, said person shall be punished by a fine not exceeding ten million Riyals, and the competent court may order temporary or permanent dissolution or closure of the same or any branch thereof.
Penalties provided for in this law shall not prejudice the imposition of any harsher penalties provided for in other laws.
The following measures shall be adopted regarding victims of trafficking in persons during investigation or prosecution:
1- Inform the victim of his legal rights, using a language he can understand.
2- Avail the victim of the opportunity to set forth his status as a victim of trafficking in persons, as well as his legal, physical, psychological and social status.
3- Refer the victim to a specialist physician if he appears to be in need for medical or psychological care or if he requests such care.
4- Admit the victim to a medical, psychological or social rehabilitation center if so necessitated by his medical or psychological condition or age.
5- Admit the victim to a specialized center if he needs shelter.
6- Provide police protection for the victim if necessary.
7- If the victim is a non-Saudi and there is a need for him to stay or work in the kingdom during investigation or prosecution, the Public Prosecution or competent court shall have the discretion to decide upon such matter.
The public Prosecution shall have the power to Investigate and prosecute crimes provided for in this law, and to inspect rehabilitation centers for victims of such crimes in order to ensure enforcement of relevant judicial rulings.
This law shall enter into force ninety days from the date of publication in the Official Gazette,