Article 46 of the Execution Law

Article 46 — The Travel Ban Framework

Article 46 of the Saudi Execution Law is the definitive legal reference for everything related to travel bans — when they are imposed, how they are lifted, and what exceptions apply.

The Text of Article 46

Article 46 of the Execution Law states: "The execution judge may prohibit the debtor from travel if he defaults on payment, and the prohibition shall be lifted upon full payment of the debt, the provision of sufficient guarantee, or mutual agreement of the parties." This is supplemented by Implementing Regulation 4/2/4, which details the procedures.

When Is the Travel Ban Imposed

It is imposed automatically once the execution request is accepted — no prior notice is required. The system is electronic and connected to the Passports Authority database. The debtor may only discover the ban upon arriving at the airport, and this happens daily at Saudi airports. Important: the ban is registered in the Absher system, so anyone wishing to verify before travel can check their travel status directly through the Absher app.

How the Travel Ban Is Lifted — The Four Routes

Route One: Full Payment. The debtor pays the full required amount — the original debt plus court-ordered interest plus fees. The creditor issues a release of claim through the Najiz platform. The judge lifts the ban within 24 hours of the release being registered.

Route Two: Financial or In-Kind Guarantee. The debtor provides a bank guarantee equal to the full debt value, or pledges an approved asset (real estate, shares, deposit). The court accepts the guarantee and lifts the ban. This route is useful for those who do not want to immediately liquidate their assets.

Route Three: Amicable Settlement. Creditor and debtor agree on installment scheduling. The agreement is documented before the judge. The ban is lifted upon documentation of the agreement and is reimposed if the debtor defaults on any installment.

Route Four: Temporary Humanitarian Exception. The debtor has the right to request temporary travel permission for compelling reasons: documented medical treatment abroad, death of a first-degree relative, or first Hajj if the debtor is non-Saudi. Permission is conditional on a return guarantee (bank insurance or a binding guarantor).

A Real Example — A Businessman Cornered in Riyadh

A construction company owner owed 2 million SAR to a supplier. He attempted to travel to Cairo for a business meeting — banned at the airport. He contacted us at 1 a.m. Our lawyer filed a bank guarantee application within 24 hours. The judge accepted the guarantee. The debtor traveled 48 hours after the original ban. At that point, settlement negotiations began without him losing the Egyptian deal.

When a Travel Ban Lift Is Refused

A lift is refused if: the debtor submits a guarantee of insufficient value; the debtor has previously violated terms of a temporary release (traveled and did not return on time); or the debt exceeds the threshold at which the court accepts guarantees (which varies by judge and city).

Questions from People With Travel Ban Cases

Does the travel ban affect family members too? No — the ban is personal to the debtor only. Spouse and children can travel freely.

If I traveled before the ban was issued, can I return? Yes you can return, but you will not be able to leave again until the ban is lifted.

Does the ban apply to GCC travel? Yes — it covers all air, land, and sea exit points including the King Fahd Causeway to Bahrain and the Salwa and Raqaa land crossings.

The Difference Between Article 46 and Article 34

Article 34 is the general framework for applying simultaneous execution tools including travel bans. Article 46 specifically governs the travel ban mechanism — when it is imposed, how it is lifted, and what exceptions apply. In practice: the judge uses Article 34 to activate the travel ban as part of a tool package, and uses Article 46 to manage the ban individually or to adjudicate requests to lift it.