Kuwait Approves the Mecca Agreement for Tracking Corruption Funds and Prosecuting Perpetrators

Decree-Law No. 115 of 2026 was issued approving the Mecca Agreement of the Member States of the Organisation of Islamic Cooperation on Cooperation in the Field of Enforcing Anti-Corruption Laws, signed in Doha on November 27, 2024. This step aims to enhance cooperation among law enforcement authorities, facilitate the exchange of information and investigations, and pursue corrupt offenders, trace illicit proceeds, and recover stolen assets.

The decree-law was published in the official gazette, “Kuwait Today,” in its Sunday, October 18, 2026, edition. It stipulates that ministers are tasked, each within their respective competence, with implementing and enforcing it from the date of its publication.

The agreement consists of 23 articles distributed across five chapters, covering the scope of crimes subject to cooperation, mechanisms for exchanging information and investigations, technical assistance and training, confidentiality and data protection rules, as well as implementation and follow-up provisions.

The agreement covers a spectrum of corruption crimes, including the bribery of national and foreign public officials and employees of international public institutions, embezzlement, misappropriation, or dissipation of property by a public official, trafficking in influence, abuse of functions, and illicit enrichment. Its scope extends to bribery and embezzlement in the private sector, money laundering and concealment of proceeds from crimes covered by the agreement, obstruction of justice related to such crimes, as well as participation in the commission or attempt of these crimes.

According to the explanatory memorandum, the agreement aims to enhance the efficiency of international cooperation in enforcing anti-corruption laws through the exchange of information, expertise, and investigations, and by developing the technical and training capacities of competent authorities, thereby strengthening the effectiveness of detecting crimes, investigating them, pursuing perpetrators, and recovering their proceeds.

The agreement allows participating states to exchange information regarding the identities of persons suspected of involvement in corruption crimes, their locations and activities, and the movement of criminal proceeds and assets derived from such crimes. Cooperation includes tracing assets, equipment, and tools used or intended for use in committing crimes, and uncovering methods employed to conceal activities, including the use of fake identities and forged documents.

It also addresses identifying the beneficial owner of movable property, assets, and commercial entities related to crimes, verifying the authenticity of official documents, and exchanging information that aids in the early detection of corruption, tracing stolen funds and assets, and recovering them.

The agreement established a timeframe for processing cooperation requests, obligating receiving law enforcement authorities to exercise due diligence to complete them within a period not exceeding 30 working days from the date of receipt of the request. It also permitted the receiving authority to request additional information if necessary for executing the request or facilitating the response.

If execution proves impossible within the specified deadline, the requesting party must be informed of the reasons for the delay and the time required to complete the request. Requests must include justifications and the purposes for using the information, as well as necessary details, and must be executed in accordance with the domestic law of the requested State. The Convention encourages direct communication between law enforcement authorities of the States Parties, and provides that the Conference of the States Parties shall establish a secure electronic platform to facilitate communication and the exchange of information and inquiries, and to determine its requirements and operational mechanisms. Regarding costs, the requested authority bears the ordinary material expenses of executing the request, unless the two States concerned agree otherwise. If the response entails substantial or extraordinary expenses, the two States shall consult on the conditions of execution and on how to share or bear the costs. The Convention also invites States Parties to consider joining the Global Network of Anti-Corruption Law Enforcement Authorities under the auspices of the United Nations Office on Drugs and Crime. Specific grounds for refusing cooperation The Convention specifies circumstances under which a request for cooperation may be declined, including where it would prejudice the sovereignty, national security, legal system, or national interests of the requested State, or where the information requested is disproportionate to or unrelated to the purposes of the request. Refusal may also be warranted if the exchange of information would adversely affect ongoing investigations, prosecutions, or judicial proceedings, or if there are substantial grounds to believe that the request aims to prosecute or punish a person on account of their sex, race, religion, nationality, ethnic origin, or political opinions. The Convention obliges the refusing authority to state the reasons for its decision, and explicitly stipulates that a request may not be refused solely on the grounds that it relates to financial matters. Confidentiality of information and prohibition of unauthorized use The Convention establishes controls to protect the confidentiality of exchanged information, inquiries, and documents, and prohibits their use for purposes other than those for which they were requested, or their transfer, transmission, or disclosure without prior written consent from the providing authority. It also prohibits sharing information and inquiries with third parties without prior written consent, and obliges requested authorities to protect them from unauthorized access or disclosure. In the event of loss, breach, disclosure, or unauthorized access to data, the providing authority must be notified immediately.

The data protection provisions remain in effect even after the Convention has ceased to be in force or after any State Party has withdrawn from it. In accordance with the fundamental principles of the legal systems of the State Parties, the Convention allows for the automatic exchange of information and inquiries without prior request, whenever there are grounds to believe that such exchange may contribute to preventing, detecting, investigating, or prosecuting acts of corruption, or to tracing, recovering, and returning the proceeds of corruption.

Specialized training and periodic monitoring of implementation: Areas of cooperation include developing specialized training programs for staff of relevant authorities, and exchanging expertise on methods for detecting, investigating, and prosecuting corruption offenses, as well as tracing their proceeds. The training programs cover the latest modus operandi for committing such crimes, the use of false identities and forged documents to conceal activities, emerging methods for laundering illicit proceeds, and the requirements for mutual legal assistance.

The Convention affirms respect for the sovereignty and territorial integrity of States and non-interference in their internal affairs, and stipulates that no State Party may exercise judicial authority or perform functions within the territory of another State that are exclusively reserved to the authorities of that State under its domestic law. It also provides for the establishment of a Conference of the States Parties, which is tasked with monitoring implementation, enhancing cooperation, exchanging successful practices, and identifying difficulties faced by States. The Secretariat is responsible for establishing and updating a database of law enforcement authorities and contact points.

The Convention specifies that it enters into force internationally on the thirtieth day following the deposit of the nineteenth instrument of ratification, acceptance, approval, or accession, in accordance with its provisions.