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Article 11 of the Saudi Anti-Narcotics and Psychotropic Substances Law

المادة 11 من نظام مكافحة المخدرات والمؤثرات العقلية

The article allows the authorities to permit a shipment of narcotics to enter, pass through or leave under surveillance and in coordination with other States, in order to uncover and arrest smugglers.

Official text (Arabic)

This article has not been amended since the law was issued.

1- للسلطات المختصة في المملكة السماح لكمية من المواد المخدرة ، أو المؤثرات العقلية ، أو مواد حلت محلها، بالدخول أو المرور عبر إقليم المملكة، أو الخروج منه، بالتنسيق مع سلطات الدول المعنية، للكشف عن الأشخاص المتورطين في ارتكاب جريمة تهريب هذه المواد والاتجار فيها والقبض عليهم. ويشمل ذلك ما يأتي:

أ - الاتفاق مع سلطات الدول الأخرى على تفتيش الشحنات المتفق على إخضاعها للتسليم المراقب والتحقق منها ثم السماح لها بمواصلة السير.

ب - الاتفاق مع سلطات الدول الأخرى على أن يستبدل ب المواد المخدرة أو المؤثرات العقلية المتفق على عبورها مواد شبيهة خشية تسربها أثناء نقلها، ويراعى في ذلك -عند الضرورة- الاتفاق على الأمور المالية اللازمة لتنفيذ إجراءات التسليم المراقب.

2 - تتخذ قرارات التسليم المراقب في كل حالة على حدة.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 11 explained in plain English

This article regulates what is known as "controlled delivery", a method used by anti-narcotics authorities to uncover entire smuggling networks rather than seizing the shipment alone. Instead of confiscating the shipment at the first point, it is allowed to continue on its way under surveillance until those involved are identified and arrested.

Under paragraph (1), the competent authorities in the Kingdom may allow a quantity of narcotic substances, psychotropic substances or substances substituted for them to enter the territory of the Kingdom, pass through it or leave it, on two conditions: that this be in coordination with the authorities of the States concerned, and that the aim be to uncover those involved in smuggling and trafficking in these substances and arrest them. This includes:

  • (a) Agreeing with the authorities of other States to inspect and verify the shipments agreed to be subjected to controlled delivery, then allowing them to continue.
  • (b) Agreeing to replace the narcotic substances with similar substances for fear of their leakage during transport, and agreeing where necessary on the financial matters required to carry out the controlled delivery.

Paragraph (2) provides that decisions on controlled delivery are taken on a case-by-case basis; there is no prior general permission, and each operation is assessed by its circumstances.

This article is part of the provisions on international cooperation, after Article Ten, which refers to the Regulations the regulation of legal assistance requests: the authorized body, their form, and responding to them, refusing them or postponing them. The text shows that controlled delivery is not done by a single Saudi decision, but in coordination and agreement with the States concerned.

Practical example

The competent authorities spotted a shipment of narcotics arriving through a Saudi port and heading to another State. In coordination with the authorities of that State, the shipment was inspected and the narcotic substances were replaced with similar substances, then it was allowed to continue on its way until it reached its recipients, who were arrested.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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Frequently asked questions about Article 11 of the Saudi Anti-Narcotics and Psychotropic Substances Law

What is controlled delivery in narcotics cases?

It is allowing a shipment of narcotics or substances substituted for them to enter, pass through or leave under surveillance and in coordination with the States concerned, to uncover those involved and arrest them.

May the narcotics in a shipment be replaced with other substances?

Yes. The article allows agreement with other States on replacing them with similar substances for fear of their leakage during transport.

Is there a general decision for controlled delivery?

No. Paragraph (2) provides that controlled delivery decisions are taken on a case-by-case basis.

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The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.