First: In line with the State of Kuwait's commitment to implementing international agreements to combat money laundering and terrorist financing, Law No. (106) of 2013 concerning combating money laundering and terrorist financing was issued to achieve the objective of these agreements, which is to combat these crimes that harm the national economy. Article (16) of Law (106) of 2013 stipulates: "A unit called the 'Kuwaiti Financial Intelligence Unit' shall be established. It shall have an independent legal personality and shall operate as the entity responsible for receiving, requesting, analyzing, and referring information related to what is suspected to be proceeds of crime, or funds connected to or related to it, or which may be used to carry out money laundering or terrorist financing operations, in accordance with the provisions of this law." To further achieve the objective of these agreements, which is to combat these crimes that harm the national economy, the wording of Article (16) of Law No. (106) of 2013 concerning combating money laundering and terrorist financing was amended to ensure that the unit has a budget included under a special section in the budget of ministries and government departments, while guaranteeing its financial and administrative independence. This amendment is consistent with the law. Its establishment and nature of work will enable it to perform its duties in accordance with international requirements and relevant agreements.

To achieve the desired objective of these agreements—namely, combating crimes that harm the national economy—Article (16) of Law No. (106) of 2013 concerning combating money laundering and the financing of terrorism was amended to stipulate that the unit shall have a budget included under a special section of the budgets of ministries and government departments, while guaranteeing its financial and administrative independence. This amendment is consistent with the law establishing it and the nature of its work, thus enabling it to perform its duties in accordance with international requirements and relevant agreements.

Secondly, Cabinet Resolution No. (1532/2013) was issued, and Article (2) thereof stipulates that "the Kuwaiti Financial Intelligence Unit shall be composed of a head, a deputy, and a sufficient number of employees and experts in various specializations from different categories and grades." As stated in Article (4), “The head of the unit shall manage its work and shall be responsible for implementing and following up on the decisions issued by the Executive Committee and managing the affairs of the unit. He is the legal representative of the unit and may take whatever decisions he deems necessary to achieve the purpose for which it was established.” As stated in Article (5), “The unit shall enjoy financial and administrative independence and shall have full powers to make decisions on matters that fall within the scope of its responsibilities and tasks.”

Based on the mandate for which the Unit was established, and in pursuit of its vision, the Unit has been entrusted with specific functions in accordance with Law No. (106) of 2013, as follows:
• Receiving reports and information related to suspected proceeds of crime, or funds that are linked to, associated with, or may be used in money laundering or terrorist financing activities.
• Requesting any additional information it deems necessary for the performance of its duties from financial institutions and designated non-financial businesses and professions (DNFBPs). The Unit also has the right to obtain any other information it considers necessary from competent authorities and state bodies, which are required to comply with the Unit’s requests without delay.
• Conducting financial analysis of data and information received from reporting entities or other relevant authorities.
• Where reasonable grounds exist to suspect that funds are proceeds of crime, or are linked to, associated with, or may be used in money laundering or terrorist financing activities, the Unit shall notify the Public Prosecution and refer relevant information to the competent authorities.
• The Unit may disseminate information to any foreign authority, either spontaneously or upon request, based on reciprocity or mutual agreement, within the framework of cooperation arrangements entered into by the Unit with such authorities.
(File Available in Arabic)

Ministerial Decree No. (1532) of 2013 concerning the Kuwaiti Financial Intelligence Unit established the Executive Committee, which is a committee for legal affairs and other matters, chaired by the head of the unit and including the deputy head and the directors of the financial and administrative analysis departments. Article (9) of the same decree outlines several tasks for the committee, most notably making decisions regarding funds related to notifying the Public Prosecution and other competent authorities if there is reasonable evidence to suspect that they constitute proceeds of crime, or funds connected to or related to it, or that could be used to carry out money laundering or financing operations deemed high-risk by the unit. The committee is also responsible for determining the necessary measures to be taken towards those countries, approving the exchange of information with counterpart units and other competent foreign entities, and making information available to any foreign entity, among other tasks. According to Article (10) of the aforementioned Decree No. (1532/2013), the Executive Committee's decisions are issued by a majority vote of its members.