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Foreign Bank Guarantee for Saudi Arabia

Foreign Bank Guarantee Template for Saudi Arabia

A Foreign Bank Guarantee under Saudi Arabian law is a financial instrument where a foreign bank provides a guarantee to a Saudi Arabian beneficiary, typically securing the obligations of a foreign principal. The document must comply with Saudi Arabian banking regulations, particularly those issued by SAMA (Saudi Central Bank), and adhere to Shariah principles. It includes specific provisions for cross-border enforcement, currency considerations, and local regulatory requirements. The guarantee typically requires validation through a local correspondent bank and must be structured to ensure enforceability within the Saudi Arabian legal system.

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What is a Foreign Bank Guarantee?

The Foreign Bank Guarantee is a crucial document in international business transactions involving Saudi Arabian parties. It is commonly used when foreign companies engage in business activities in Saudi Arabia, particularly in construction projects, supply contracts, or service agreements. The guarantee provides security to Saudi Arabian beneficiaries by ensuring that a reputable foreign bank will honor the underlying obligations of the foreign principal. The document must strictly comply with SAMA regulations and Shariah principles, often requiring the involvement of a local correspondent bank for validation and enforcement. Special attention must be paid to the guarantee's structure to ensure it remains enforceable under Saudi law while meeting international banking standards. This type of guarantee is particularly important in large-scale projects where Saudi entities require security from foreign contractors or suppliers.

What sections should be included in a Foreign Bank Guarantee?

1. Parties: Identification of the Guarantor Bank, the Beneficiary, and the Principal (the party whose obligations are being guaranteed)

2. Background: Context of the guarantee, including the underlying transaction or obligation being guaranteed

3. Definitions: Key terms used throughout the guarantee, including banking, financial and legal terminology

4. Guarantee Amount and Currency: Specific amount of the guarantee and the currency in which it is denominated

5. Scope of Guarantee: Detailed description of the obligations being guaranteed and the extent of the bank's liability

6. Term and Validity: Duration of the guarantee, including effective date and expiry conditions

7. Demand Requirements: Procedures and conditions for making a claim under the guarantee

8. Payment Terms: Timeline and process for payment upon valid demand

9. Shariah Compliance Declaration: Statement confirming compliance with Islamic banking principles

10. Representations and Warranties: Standard banking and regulatory representations required under Saudi law

11. Assignment and Transfer: Restrictions on transfer or assignment of rights under the guarantee

12. Governing Law and Jurisdiction: Confirmation of Saudi law as governing law and jurisdiction of Saudi courts

13. Notices: Communication procedures between parties

14. Language: Specification of Arabic as the official language with optional English translation

What sections are optional to include in a Foreign Bank Guarantee?

1. Counter-Guarantee Provisions: Required when there is a counter-guarantee from another bank or financial institution

2. Electronic Presentation: Include when parties agree to accept electronic demands or communications

3. Multiple Currency Provisions: Required when the guarantee allows for payment in multiple currencies

4. Step-In Rights: Include when the guarantee provides for the bank's right to step into the underlying contract

5. Force Majeure: Optional provisions for extraordinary events affecting guarantee obligations

6. Partial Drawings: Include when multiple partial demands are permitted under the guarantee

7. Anti-Money Laundering Provisions: Enhanced provisions required for high-risk transactions or parties

What schedules should be included in a Foreign Bank Guarantee?

1. Form of Demand: Standard format for making a demand under the guarantee

2. Underlying Contract Summary: Key terms of the contract or obligation being guaranteed

3. Required Documents: List of documents required to be presented with a demand

4. Authorized Signatories: List of persons authorized to make demands or give notices

5. Fee Schedule: Details of bank fees and charges (if applicable under Shariah principles)

6. SAMA Compliance Checklist: Checklist ensuring compliance with Saudi Central Bank requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Saudi Arabia

Publisher

Ƶ

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions













































Clauses






























Relevant Industries

Banking & Financial Services

International Trade

Construction & Infrastructure

Manufacturing

Oil & Gas

Real Estate & Development

Telecommunications

Government & Public Sector

Transportation & Logistics

Retail & Commercial

Relevant Teams

Legal

Finance

Treasury

Compliance

Risk Management

Commercial Operations

International Business

Project Management

Trade Finance

Corporate Banking

Relevant Roles

Chief Financial Officer

Treasury Manager

Trade Finance Manager

Compliance Officer

Legal Counsel

Contract Manager

Risk Manager

Project Director

Commercial Director

Banking Relationship Manager

Finance Director

Company Secretary

Credit Manager

International Business Development Manager

Industries








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