Categories
Laws and Regulations

The Controls for Beekeeping in King Abdulaziz Royal Reserve

Arabic

Issued by the Board of Directors of the King Abdulaziz Royal Reserve Development Authority Decision D-1-D5/46 dated 16 December 2024

Article 1

For the purposes of applying these controls, the following words and phrases—wherever they occur—have the meanings assigned to each of them, unless the context requires otherwise:

Controls: The Controls for Beekeeping in King Abdulaziz Royal Reserve.

Reserve: The King Abdulaziz Royal Reserve.

Authority: The King Abdulaziz Royal Reserve Development Authority.

Chief executive officer: The chief executive officer of the authority.

Ministry: The Ministry of Environment, Water, and Agriculture.

Beekeeping: Practicing the activity of caring for bee colonies and utilising them to produce bee products or for bee propagation, as well as producing hive boxes and pollinating vegetation.

Beekeeping tools: Tools used by a beekeeper inside or outside beehives that help in carrying out various beekeeping operations.

License: A document granted to a person (natural or legal) to authorize him to practice an activity.

Permit: A document granted by the authority prior to commencing the practice of the beekeeping activity within the reserve.

Beekeeper: Whoever carries out the activity of keeping or caring for a group of bee colonies.

Apiary: The place where beehives are kept and which a beekeeper can access and provide the necessary services to.

Vegetation: Natural plants, whether grasses, shrubs, or trees, and whether grown naturally or are cultivated.

Article 2

These controls aim to regulate the beekeeping activity within the geographical scope of the reserve, given the importance of the role of bees in pollinating vegetation, which contributes to preserving the natural and plant environment and wildlife, based on the Organisational Arrangements of the Council of Royal Reserves and the Royal Reserves Development Authorities issued by Council of Ministers Decision 437 dated 1 Rajab 1441 [25 February 2020].

Article 3

The authority shall grant a permit for the practice of the beekeeping activity within the reserve, after approval by the chief executive officer—or whoever he authorises—in accordance with the following conditions:

1․ Submitting a permit application through the official website of the authority.

2․ Attaching the following requirements:

(a) A copy of the national identity/residency card. It is required that workers are sponsored by the apiary owner.

(b) Attaching the beekeeper license issued by the ministry.

(c) Mobile number and email.

(d) National address.

(e) Any other requirements determined by the authority.

3․ The authority shall review the application and notify the permit applicant of the status of the application within (five) working days from the date of receipt of the application. The authority may reject the application if the conditions or any of them are not met.

Article 4

A beekeeper shall comply with the following:

1․ Keeping local bee breeds only.

2․ The safety of the beehives, and verifying that they are free of any disease before bringing them into the reserve. In the event of any infection or disease, the reserve management must be immediately notified to take the necessary measures.

3․ The conditions issued by the ministry.

4․ The permittee shall place beehives in the reserve at the locations and within the periods specified in the permit, and shall not change the location except after obtaining prior approval from the authority.

5․ Placing mobile apiaries within a maximum of twenty days from the date the permit is issued.

6․ Maintaining the cleanliness of the site during the permit period.

7․ Not renting the site to any other party or utilising it for a non-designated purpose.

8․ Disposing of waste by placing it in designated places, and not burying or burning it.

9․ Placing a prominent and visible identification signboard at the site with dimensions of (50 cm × 80 cm), and it must include the permit number and the details of the beekeeper and apiary.

10․ Providing safety measures and protective equipment against bee stings.

11․ Notifying the authority in the event of noticing the presence of plant or animal pests or any pathogens.

12․ Obtaining prior approval from the authority to carry out scientific activities related to research studies.

13․ Using existing roads while driving a vehicle and avoiding the creation of other roads to preserve vegetation.

14․ The apiary owner is fully liable for any damages to persons or property resulting from the apiary.

Article 5

A beekeeper is prohibited from the following:

1․ Carrying out any works that lead to changing the nature of the land of the reserve.

2․ Using the land of the reserve for any other unauthorized activity.

3․ Moving the apiary to another location without obtaining permission from the authority.

4․ Encroaching on wildlife in the reserve.

5․ Preserving vegetation, and not cutting down trees or grasses or tampering with them.

6․ Not using pesticides of all kinds.

7․ Not using antibiotics or chemicals to treat bees.

8․ Not burying or burning waste of any kind inside the reserve.

Taking into account that the tent of the beekeeper must be set up near the apiary.

Article 6
General Provisions

1․ The authority may destroy beehives and deal with the violator in accordance with the legal procedures, if it is found that there is no permit or prior official approval.

2․ The authority has the right to periodically inspect the apiary, and if non-compliance with the controls and conditions is found, the authority may cancel the permit and take the necessary legal procedures.

Article 7

The authority has the right to police violations and impose penalties in accordance with the mechanism and procedures followed in the relevant laws and regulations.

Article 8

1․ The authority shall update these controls or make exceptions to their provisions—when necessary—with the approval of the chief executive officer and the notification of the board of directors of the authority.

2․ The chief executive officer has the right to set and approve a mechanism for implementing these controls.

Article 9

These controls must apply and come into force from the date of their publication in the Official Gazette.


Published in Umm Al-Qura 5064 issued on 10 January 2025.

Categories
Laws and Regulations

The Controls for the Permits for Tourism Activities in King Abdulaziz Royal Reserve

Arabic

Issued by the Board of Directors of the King Abdulaziz Royal Reserve Development Authority Decision D-2-D5/46 dated 16 December 2024


Article 1

These controls aim to regulate the operation of ecotourism activities in King Abdulaziz Royal Reserve in a manner that contributes to promoting ecotourism based on the Organisational Arrangements of the Council of Royal Reserves and the Royal Reserves Development Authorities issued by Council of Ministers Decision 437 dated 1 Rajab 1441 [25 February 2020].

Article 2

For the purposes of applying these controls, the following words and phrases—wherever they occur—have the meanings assigned to each of them, unless the context requires otherwise:

Controls: The Controls for Tourist Activities.

Reserve: The King Abdulaziz Royal Reserve.

Authority: The King Abdulaziz Royal Reserve Development Authority.

Chief executive officer: The chief executive officer of the authority.

Competent entity: The Ministry of Tourism; the Ministry of Environment, Water, and Agriculture; or any other government entity authorized by law to issue licenses.

Permit: A document granted by the authority to practice an activity or provide a service in the field of ecotourism by virtue of these controls.

Environmental impact: A change that the tourism activity brings about on the environment, whether positive or negative.

Environmental initiative: A measure or action submitted by the permit applicant after an environmental impact study that contributes to bringing about a positive change in the environment.

Tourism activity: An activity carried out by persons within the scope of the reserve as part of a group of activities approved by the authority.

Article 3

The scope of application of these controls is within the locations specified for each activity according to the permit.

Article 4

The authority shall grant a permit to operate tourism activities within the locations specified by the authority, with the approval of the chief executive officer—or whoever he authorizes—in accordance with the following conditions:

1․ Submitting a permit application through the official website of the authority.

2․ The permit applicant shall attach the following requirements:

(a) A valid tourism license issued by the competent entity within the kingdom.

(b) All necessary licenses from the competent entity for the targeted activity.

(c) Providing an overview of the targeted tourism activity.

(d) Providing evidence of expertise and past work in the same field.

(e) The presence of an environmental permit from the National Center for Environmental Compliance to assess and classify the activity based on the Executive Regulation for Environmental Permits for Establishing and Operating Activities.

(f) Submitting an implementation plan for the targeted activity in accordance with these controls, which must include: Stages of implementation, a timetable, a visitor registration system, a comprehensive plan to deal with risks, and a project completion plan.

(g) Attaching the commercial registration.

(h) Any additional documents requested by the authority.

3․ The duration of a permit is 6 (six) months, subject to renewal in accordance with the following conditions:

(a) Submitting a permit renewal application.

(b) Providing comprehensive statistics on visitors and activities provided.

(c) There must be no more than 3 (three) official warnings from the authority.

4․ A permit applicant shall comply with the environmental initiative as determined by the authority, as well as its implementation mechanism according to the type of activity and based on the outputs of the submitted environmental impact assessment study.

5․ The authority shall review the application and notify the permit applicant of the status of the application within 30 (thirty) working days from the date of receipt.

6․ The authority may refuse to issue or renew any permit application submitted to it after reviewing the application, and shall explain the reasons for the refusal.

Article 5

The permittee shall comply with the following requirements:

1․ Providing services according to the approved tourism activity.

2․ Adhering to the geographical scope specified in the permit issued by the authority, and not encroaching on another area.

3․ Adhering to the specified timetable for the activity.

4․ A permittee or his representative or agent shall bear responsibility for the quality and type of activities provided, and for any damages that may be caused by them.

5․ Labour for tourist activities must include individuals from the local community.

6․ Responding to the inquiries of the authority prior to, during, and after the permit period.

7․ Submitting all tourism data and statistics to the authority related to the permitted tourism activity during the permit period after the activity ends.

8․ That workers comply with maintaining personal hygiene and good appearance.

9․ Preserving the safety and cleanliness of the facilities and means of the tourism activity, maintaining them periodically, and ensuring that they are free of any fault or defects that affect their use or overall appearance.

10․ Not causing any harm to the reserve and adhering to the security, technical, health, environmental, safety methods, first aid, evacuation, and other instructions issued by the relevant entities, as well as exercising the necessary care in this regard.

11․ Not using the name of the authority in any advertisement or marketing activity, except after obtaining its approval.

12․ Not doing anything that would harm or impact the reputation of tourism in the Kingdom or the reputation, prestige, or importance of the authority.

13․ Appointing a communication officer to receive inquiries and complaints and share them with the authority.

14․ Conducting a trial run of the activity before the official launch, and preparing a detailed report on it and submitting it to the authority.

15․ Promptly responding to complaints and comments received from visitors and addressing them immediately.

16․ The permittee shall comply with the applicable relevant laws and regulations.

Article 6

1․ The authority issues permits for the following tourism activities:

– Cultural tour

– Trekking

– Horse riding activities

– Open-air cinema

– Cycling activities

– Yoga

– Bird watching

– Camel trips

– Microlights

– Paragliding

– Hot air balloon ride

– Sand dune sports

– Archery

– Photography

– Zipline

– Safari

 – Exhibitions and museums

– Rock climbing

– High mountain climbing adventure

– Stargazing

– Camping and caravans

2․ In the event that an application is submitted to obtain a tourist activity permit not included in paragraph 1, it must be reviewed and a response must be given within 10 working days from the date of receipt of the application.

3․ If a permit application is not included in paragraph 1 and it relates to an activity subject to an environmental impact assessment, it must be reviewed in coordination with the National Center for Environmental Compliance Control and a response must be given within 30 working days from the date of receipt of the application.

Article 7

The licensee shall preserve the environment as follows:

1․ Providing recycling containers for each activity, sorting waste, and then transporting it for disposal outside the reserve in cooperation with licensed entities.

2․ Lighting used must be energy-saving LED bulbs according to the following standards:

Location Lighting Level Color Temperature
Tracks 5-10 lux 2700K-3000K
Location of Activity 10-20 lux 2700K-3000K

3․ When using plants and trees for agriculture or decoration, they must be from the environment of the reserve without introducing alien plant species.

4․ Lighting fires in the designated places as determined by the authority.

5․ Driving vehicles on designated roads and not creating new roads.

6․ Not cutting or tampering with trees and plants.

7․ Not using local firewood and charcoal.

8․ Not approaching, pursuing, or hunting wildlife.

9․ Not causing damage or tampering with historical monuments.

Article 8

The permittee shall comply with the security and safety requirements, as follows:

1․ Verifying that the necessary licenses for food and beverage suppliers are valid.

2․ Appointing a person/persons to perform the following roles according to the nature of the tourism activity:

(a) An activity manager present on site throughout its operation.

(b) A health and safety management specialist.

(c) A security guard specialist/specialists to protect the site during the period of operation.

3․ Preparing the site in accordance with the implementation plan submitted by the permittee and approved by the authority to ensure the presence of the work team before allowing visitors to enter.

4․ Setting safety requirements for activities, interactive segments, and others, and placing them in a place that is clear to visitors.

5․ The number of visitors must not exceed the maximum capacity specified in the operational plan submitted by the permit applicant.

6․ The presence of a technical team specialized in maintenance work, such as: Electricity, air conditioning, and other tasks to repair emergency work.

7․ The authority may suspend or cancel the permit if the permittee violates these controls, and he is liable for the damages resulting from this.

Article 9

1․ The authority shall update these controls or make exceptions to their provisions—when necessary—with the approval of the chief executive officer and notification of the board of directors of the authority.

2․ The chief executive officer shall set and approve a mechanism for implementing these controls.

Article 10

These controls must apply and come into force from the date of their publication in the Official Gazette.


Published in Umm Al-Qura 5064 issued on 10 January 2025.

Categories
Ministerial Decision

Saudi Food and Drug Authority: Decision 4/44 Approving the Amendment of the Executive Regulation of the Food Law

Arabic

The Board of Directors of the Saudi Food and Drug Authority,

after perusal of paragraph Third of Royal Decree D/1 dated 6 Muharram 1436 [30 October 2014] Approving the Food Law,

after perusal of Article 44 of the Food Law, which stipulates that the board has the mandate to issue the executive regulation of the law,

after perusal of board of directors Decision 3-16-1439 dated 3 Rabi Al-Thani 1440 [10 December 2018] approving the Executive Regulation of the Food Law,

after perusal of Royal Court Confidential Telegram 82137 dated 15 Dhu Al-Qa’dah 1445 [23 May 2024], which includes a number of recommendations, one of which is that the Ministry of Municipalities and Housing shall coordinate with the Food and Drug Authority to set strict rules and protocols that establishments must comply with in cases of poisoning or suspected poisoning, including reporting; closing an establishment and preventing it from operating; and not cleaning, removing, or destroying any equipment, tools, or materials if poisoning is confirmed, criminalizing a violation of this, and taking the necessary urgent legal procedures to ensure that employees of an establishment are not allowed to leave the Kingdom until investigations are completed by the competent entities,

after perusal of Royal Court Telegram 29348 dated 25 Rabi Al-Thani 1446 [28 October 2024], and the Bureau of Experts Memorandum 899 dated 13 Rabi Al-Awwal 1446 [16 September 2024], regarding the completion by the authority—in coordination with the Ministry of Municipalities and Housing according to its legal mandates—of the necessary amendments to the Executive Regulation of the Food Law, based on the request of the ministry,

after perusal of executive committee Decision 4/TH/27 dated 15 Jumada Al-Awwal 1446 [17 November 2024], which recommends presenting the draft Executive Regulation of the Food Law to the board of directors for approval in accordance with the form attached,

and after perusal of the work done by the authority regarding setting rules and protocols that establishments must comply with, in cases of poisoning or suspected poisoning, in agreement with the Ministry of Municipalities and Housing, by adding a paragraph to article 41 and adding three legal provisions to the Executive Regulation of the Food Law,

hereby decides

The amendment of the Executive Regulation of the Food Law is hereby approved in accordance with the form attached.

May Allah provide success.

Issued on: 14 Jumada Al-Thani 1446
Corresponding to: 15 December 2024

Published in Umm Al-Qura 5072 issued on 21 February 2025.

Categories
Laws and Regulations

The Executive Regulation of the Food Law

Arabic

Issued by Saudi Food and Drug Authority Decision 4/44.


Chapter 1
Definitions

Article 1 of the Regulation

In addition to the definitions provided in the Food Law, the following words and phrases have the meaning assigned to each of them, unless the context requires otherwise:

Competent entities:
Government entities directly or indirectly related to food safety and concerned with the application of the provisions of the law and its regulation.

Report (or notification):
Specific information exchanged between focal points in the system regarding unsafe food that may pose a direct or indirect risk to human health.

Food establishment official:
A person licensed or legally authorized by the licensee and responsible for ensuring compliance with implementing the provisions of the law and the decisions issued pursuant to it in the establishment that is under his responsibility.

Good operating practices:
The procedures and precautions issued by government or international entities that must be followed in handling food throughout the food chain to ensure food safety and quality, such as good manufacturing practices, good agricultural practices, and others.

Requirements:
The standards and conditions required by the competent entities related to food handling, and include the protection of public health and consumer protection.

Conformity:
Achieving compliance with legal requirements, technical regulations, and mandatory specifications.

Verification of conformity:
Proving that the product, service, process, system, entity, or person meets the necessary requirements for each of them under the applicable legislation and technical regulations.

Agricultural production inputs:
All that is required for agricultural production, such as feed, pesticides, veterinary medicines, feed supplements, seeds, fertilizers, hormones, and any other supplies except for buildings, equipment, fixed installations, and their accessories.

Food health certificate:
A document (paper or electronic) issued by the competent entity in the country of origin or the country of export, which shows the safety and suitability of the food in accordance with the requirements of the Gulf technical regulations pertaining to it, and may include the food establishment registration number, or in accordance with any adopted equivalent alternative measures.

Seizure:
A procedure taken by the authority to seize any consignment of imported food, domestic food, or part of them in case of doubt that the food does not conform to the requirements imposed by the competent entity.

Cross-contamination:
The transfer of harmful substances or microorganisms to ready-to-eat food through hands, food contact surfaces, and equipment and tools that are dirty and come into contact with raw food and then come into contact with ready-to-eat food. It also includes the contact of raw food or the liquid resulting from it with ready-to-eat food.

Control:
Implementing inspection and measurement operations in a systematic and planned manner that provides a comprehensive view of the extent of the application of food laws in food establishments.

Food harmful to health:
Food that contains hazards in its origin or has been contaminated during any of its handling stages, making it non-conforming to the legislation and technical regulations in force in the country, and negatively affects consumer health.

Unsafe food:
Food that is unfit for human consumption, or that may cause harm to consumer health.

Food is considered unsafe if it is spoiled or contains harmful substances and is not suitable for consumption.

Food that is unfit for human consumption:
Food that is unsuitable and unacceptable for human consumption in accordance with its intended use, due to spoilage or contamination with foreign substances or unintended changes that have occurred in the apparent or sensory properties of the food.

Adulteration:
Any alteration to the food product itself, whether by removing an element from it, adding an element to it, mixing or blending it with other substances, or by any other means that changes its nature or contradicts the information on its food label.

Foods for special nutritional uses:
Products that are prepared or formulated to meet specific nutritional needs arising from particular physical or physiological conditions and/or specific diseases and disorders, and whose composition clearly differs from that of ordinary products similar to it, if they exist.

Foods for special medical purposes:
A category of foods for special nutritional uses, specifically manufactured for the dietary use of patients and intended for use only under medical supervision.

 These foods are prepared for the total or partial feeding of patients who suffer from a limited or no capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or a specific component of them, or who have medically prescribed special nutrient requirements that cannot be met by modifying ordinary food, foods for special nutritional uses, or both.

Official training programs:
Food safety training and certification programs officially accredited by the competent entity.

Energy drinks:
Carbonated or non-carbonated beverages primarily prepared from water, natural carbohydrates, caffeine, and certain other ingredients such as vitamins, minerals, amino acids, and permitted food additives. They may also contain natural fruit juices or pulp and plant extracts.

Means of transport:
Trucks, containers, tankers, and cars of any type or size used in the transportation of foodstuffs, whether refrigerated, frozen, or at normal room temperature.

Re-export:
The export of imported foods in the same condition in which they were imported, from a free circulation zone, internal processing facilities, or free industrial zones, directly to the rest of the world, and from customs warehouses or free trade zones to the rest of the world.

Halal foods:
Foods that are permitted in accordance with the principles of Islamic Sharia and meet the requirements provided in the technical regulations and standard specifications.

Halal certificate:
A document issued by the competent entity that is accredited by the Kingdom in the country of origin or the country of export, indicating that the meats and their products have been prepared and produced in a manner that conforms to the requirements of Islamic Sharia, or that the products or their ingredients are halal and produced according to the requirements of Islamic Sharia, and that all conditions, ingredients, and preparation tools comply with the requirements of Islamic Sharia and the required conditions provided in the technical regulations and standard specifications.

Consignment:
A quantity of food products covered by a single official certificate.

Batch (lot):
A specific quantity of food produced essentially under the same conditions.

Production batch code:
A code for a quantity of foodstuff that is essentially produced under the same conditions during a specific time period, and is usually from a specific production line or unit.

Store (warehouse):
A building or part of it designated for storing and preserving foodstuffs for a specific period until they are offered.

Release permit:
Permission to allow foodstuffs to enter the Kingdom after inspection and verification that they meet the requirements stipulated in this regulation.

Microbiological contamination:
Contamination with microorganisms or the toxins produced by microorganisms on or within food during its production, manufacturing, preservation, preparation, processing, packaging, wrapping, transportation, or keeping.

Food irradiation:
Exposing food to a sufficient dose of radiation for the purpose of eliminating microbial contaminants in it, in accordance with technological requirements and in an appropriate manner.

Unsanitary conditions:
Situations, means, and conditions that can lead to the exposure or contamination of food with physical, chemical, or biological contaminants, making the food harmful or dangerous to human health or unfit for human consumption.

Novel food:
Food and its ingredients that meet any of the following conditions:

1․ That it contains a new or modified molecular structure.

2․ That it contains bacteria, fungi, or algae, or is derived from any of them.

3․ That it contains plant-based materials or is derived from them, in addition to animal-derived foods, with the exception of food and its ingredients obtained through traditional production and breeding methods that are considered safe for consumption.

4․ That it is obtained through methods not previously used that cause significant changes in composition and structure, affecting its nutritional value, metabolism, or the presence of an inappropriate level of substances as human food.

Mutual recognition agreements:
An agreement between the authority and foreign government entities to recognize the equivalence of food control procedures on both sides for specific procedures.

Focal point:
A person or his delegate who represents the government or private entity concerned with food safety, designated by that entity to facilitate and expedite communication between the authority and the entity.

Rapid food alert system:
A system for collecting, analyzing, and exchanging information related to food safety with the competent entities within and outside the authority, for the purpose of taking appropriate measures to maintain consumer health and safety.

Article 2

The law aims to:

1․ Ensuring food safety and working to improve its quality.

2․ Protecting consumer public health by reducing food-related risks and disseminating sound nutritional awareness.

3․ Protecting consumers from food that is harmful, adulterated, misleading, or unfit for human consumption.

4․ Not hindering food trade.

Article 3

The provisions of this law apply to all stages of the food chain.

Chapter 2
Food Regulations and Specifications

Article 4

The authority shall issue technical regulations and standard specifications for food, its facilities, and employees in them.

Article 2 of the Regulation

The authority shall issue technical regulations and standard specifications for food, its facilities, and employees in them. In the absence of Saudi or Gulf technical regulations or standard specifications, the authority may apply any relevant international legislation, regulations, or specifications relating to food until it issues its own technical regulations or standard specifications, in the following sequence:

1․ International legislation or specifications, or documents issued by the Codex Alimentarius Commission, the Food and Agriculture Organization, the World Health Organization, the World Organisation for Animal Health, the International Plant Protection Convention, or joint committees between them.

2․ The International Organization for Standardization (ISO).

3․ Legislation or specifications issued by competent regional entities.

4․ Technical regulations, standard specifications, or requirements adopted in any other country.

The authority may also issue an amendment annex to the adopted technical regulations or standard specifications when necessary.

Article 5

The authority shall—when issuing and updating technical regulations and standard specifications for food—take into account international standard specifications for food.

Article 6

The authority shall—in approving and updating technical regulations and standard specifications for food—adopt the principle of risk analysis.

Article 7

It is not permitted to release imported food except after the approval of the authority, in accordance with the conditions, requirements, and procedures specified by the regulation. The authority shall issue the regulations governing the procedures for granting the permit to release imported food into the Kingdom.

Article 3 of the Regulation

To release imported food, the approval of the authority must be obtained in accordance with the following permit conditions, requirements, and procedures:

1․ That the imported food conforms to the provisions of this law, its executive regulation, the adopted technical regulations, and any decisions, conditions, or requirements stated in circulars issued by the authority or in any agreement or memorandum of understanding between the Kingdom and the exporting countries.

2․ That the food establishment is licensed and registered with the authority.

3․ That the imported food is registered with the authority.

4․ That the consignment of imported food is accompanied by the official documents and certificates stipulated in the adopted technical regulations and the decisions and circulars issued by the authority.

5․ That the imported food is not banned by the authority.

Food imported for non-commercial purposes is excluded from this article, and they are the following:

1․ Food for personal use as specified in the technical regulations.

2․ Samples of imported food for the purpose of conducting scientific studies and research that will not be used for human consumption.

3․ Display and marketing samples not intended for sale, accompanied by health documents and labeled on their information label as: “Free sample”.

4․ Food samples used in exhibitions and festivals, provided that:

(a) They conform to the technical requirements and regulations pertaining to them.

(b) The importer guarantees the suitability of those foods for their intended purpose.

(c) They are not sold or distributed outside the venue of the exhibition or after its end.

Chapter 3
Registration and Licenses

Article 8

Food establishments shall register with the authority, including primary production facilities, and the regulation must specify the registration conditions and procedures.

Article 4 of the Regulation

Food establishments shall register with the authority, in accordance with the following conditions and procedures:

1․ Submitting a registration application and filling out the relevant forms.

2․ That the establishment is licensed with the authority to handle food.

3․ Determining the food establishment official and his representative in the case of his absence.

4․ Fulfilling the requirements and documents relating to the food establishment and its employees, provided in the Food Establishment Registration Manual.

5․ Fulfilling any other requirements specified by the authority that it publishes on its website.

Article 5 of the Regulation

A food establishment shall update its information registered with the authority upon any change to it, including stopping the practice of the activity.

Article 6 of the Regulation

The registration period of a food establishment is five years, renewable.

Article 7 of the Regulation

The authority may suspend the registration of a food establishment in the event that the license is not renewed.

Article 8 of the Regulation

A food establishment shall not start operating and practicing the food activity before registering with the authority.

Article 9 of the Regulation

The authority shall establish a register for registered food establishments, including primary production facilities.

Article 9

A food establishment shall register its food products with the authority, and the regulation must specify the conditions for registration, its procedures, and the materials that are excluded from registration.

Article 10 of the Regulation

Producing, manufacturing, and importing food establishments shall register their local and imported food products with the authority, in accordance with the following conditions and procedures:

1․ Submitting a registration application and filling out the relevant forms.

2․ That the food establishment is licensed and registered.

3․ That the food to be registered is compliant with the law and its regulation, and the technical regulations or standard specifications adopted by the authority, except for those prepared for export if they are compliant with the specifications of the country exported to.

4․ Providing detailed information for food products, including ingredients, nutritional facts, and a copy of the food label.

5․ That there is no decision issued to ban or suspend the manufacture of food that the food establishment wishes to register.

6․ Fulfilling any other requirements specified by the authority that it publishes on its website.

Article 11 of the Regulation

A food establishment shall reregister when any change is made to the food, its source, or the country of origin.

Article 12 of the Regulation

The authority shall specify food that does not require registration, which must meet the following conditions:

1․ Food for personal use as specified in the technical regulations.

2․ Samples of imported food for the purpose of conducting scientific studies and research that will not be used for human consumption.

3․ Display and marketing samples not intended for sale, accompanied by health documents and labeled on their information label as: “Free sample”.

4․ Food samples used in exhibitions and festivals, provided that:

– The importer guarantees the suitability of those foods for their intended purpose.

– They are not sold or distributed outside the venue of the exhibition or after its end.

Article 13 of the Regulation

A food establishment shall update any new information related to the registered food.

Article 14 of the Regulation

The authority shall establish a register for registered food.

Article 10

Laboratories handling food shall register with the authority, and the regulation must specify the conditions and procedures for registration.

Article 15 of the Regulation

Laboratories handling food shall register with the authority in accordance with the following conditions and procedures:

1․ Submitting a registration application and filling out the relevant forms.

2․ That it is licensed by the authority.

3․ That it has obtained an accreditation certificate from the competent entity.

4․ Determining the types of approved tests.

5․ Fulfilling the data of the laboratory.

6․ Any other requirements specified by the authority that are published on its website.

Article 16 of the Regulation

A private laboratory shall update any new information related to the registration of the laboratory and the types of approved tests.

Article 17 of the Regulation

The authority shall establish a register for private laboratories registered with it.

Article 18 of the Regulation

The registration period for a private laboratory handling food is five years, renewable.

Article 19 of the Regulation

Private laboratories handling food shall not start commercial operation before registering with the authority.

Article 20 of the Regulation

The authority may suspend the registration of a private laboratory in the event of failure to renew its license.

Article 11

It is not permitted to advertise food except with the approval of the authority, in accordance with the conditions and requirements specified by the regulation.

Article 21 of the Regulation

Food establishments wishing to advertise any food product in any media outlet, whether audio, visual, or print, shall obtain approval from the authority, in accordance with the following conditions and requirements:

1․ That the food to be advertised is registered with the authority and conforms to the technical regulations, food standard specifications, circulars issued by the authority, or matters decided by the authority in this regard.

2․ That the advertisement does not contain anything contrary to the principles of Islamic Sharia or public morals.

3․ That the information available in the advertisement is reliable, accurate, truthful, and verifiable.

4․ That the advertisement does not contain any nutritional or health claims that violate the technical regulations or circulars issued by the authority.

5․ That the food advertisement does not conflict with the commercial advertising regulations of the Ministry of Culture and Information in the Kingdom of Saudi Arabia.

6․ That the advertisement does not encourage bad eating habits or unhealthy lifestyles, especially among children.

7․ That the advertisement directed at children does not contain aggressive or dangerous scenes.

8․ That the advertisement does not contain written information, pictures, scenes, or any other form that leads to misleading a consumer, including claiming the presence of ingredients that are not naturally part of its composition.

9․ That the name or logo of the authority is not used directly or indirectly in the content of the advertisement.

10․ The image of the food used in the advertisement must match its actual form available in the markets or that will be made available.

11․ That the advertisement does not disparage any other food, directly or indirectly.

12․ That the Arabic language is the language used in the advertisement, and other languages may be used, provided that they are consistent with the content of the Arabic advertisement.

Article 12

A laboratory shall not handle food before obtaining a license from the authority, in accordance with the conditions and requirements specified by the regulation.

Article 22 of the Regulation

A laboratory shall not handle food before obtaining a license from the authority, in accordance with the following conditions and requirements:

1․ Submitting a licence application indicating the type and location of the activity and filling out the relevant forms.

2․ Submitting a copy of the commercial registration indicating the laboratory activity.

3․ Obtaining the approvals of the competent entities.

4․ Fulfilling the technical requirements and specifications stipulated in the technical regulations and standards adopted by the authority that pertain to laboratories.

5․ Fulfilling any other conditions or requirements specified by the authority that are published on its website.

Article 23 of the Regulation

It is not permitted to use the license granted to the laboratory for any unauthorized purposes.

Article 24 of the Regulation

The period of a laboratory license is five years, renewable for a similar period or periods. The renewal applicant shall submit its application at least 90 days before the expiry of the license, provided that it meets the requirements stipulated in article 22. The period of the renewed license must be counted from the date of expiry of the previous license.

Article 25 of the Regulation

The registration of a license must be valid for the license to be renewed.

Article 26 of the Regulation

Private laboratories handling food shall comply with the Manual for Licensing and Registering Private Laboratories Handling Food and the circulars issued by the authority.

Article 13

A food establishment shall not handle food before obtaining a technical license from the authority, in accordance with the requirements, conditions, and procedures specified by the regulation.

Article 27 of the Regulation

A food establishment shall not handle food before obtaining a technical license from the authority, in accordance with the following requirements, conditions, and procedures:

1․ Submitting a licence application indicating the type and location of the activity and filling out the relevant forms.

2․ Submitting a copy of the commercial registration including the food handling activity.

3․ Obtaining the approvals of the competent entities.

4․ Fulfilling the necessary health and environmental requirements for food handling and the requirements provided in the technical regulations and standards adopted by the authority that pertain to food establishments.

5․ That there is no decision to suspend or cancel the license of any food establishment belonging to the license applicant for the same activity for which licensing is being sought.

6․ Any other conditions or requirements specified by the authority that are published on its website.

Article 28 of the Regulation

Food establishments, including primary production facilities, shall fulfill the requirements and conditions of the adopted technical regulations and standard specifications, and must be capable of implementing good operating practices.

Article 29 of the Regulation

It is not permitted to use the license granted to a food establishment for any unauthorized purposes.

Article 30 of the Regulation

The period of a license is one year, renewable for a similar period or periods. The renewal applicant shall submit its application at least 60 days before the expiry of the license, provided that it meets the requirements stipulated in articles 27 and 28. The period of the renewed license must be counted from the date of expiry of the previous license.

Article 31 of the Regulation

The registration of a food establishment must be valid for the license to be renewed.

Chapter 4
Food Handling

Article 14

It is not permitted to export food except from an establishment licensed by the authority to do so.

Article 32 of the Regulation

For an establishment to obtain a license to export food, the following must be met:

1․ That it is licensed and registered with the authority.

2․ That the commercial registration of the establishment includes the food export activity.

3․ That the imported food is registered with the authority.

4․ If the food exporting establishment does not manufacture, produce, or import it, a written agreement between the establishment and the manufacturer, producer, or importer is required. This agreement must be prepared in accordance with the Manual for Issuing Export Suitability Certificates for Food Products adopted by the authority.

Article 33 of the Regulation

The authority shall issue a food export or re-export suitability certificate, in accordance with the following conditions:

1․ Submitting an application to the authority to obtain a food export or re-export suitability certificate for each consignment separately.

2․ Submitting a list of foods to be exported.

3․ In the case of re-export, the import consignment release form must be provided in advance, along with the official certificates and accompanying documents for the consignment upon its entry into the Kingdom.

4․ Any additional documents and records requested by the authority.

5․ An establishment licensed for export shall comply with the procedures of the Manual for Issuing Export Suitability Certificates for Food Products adopted by the authority.

Article 15

An individual shall not work in food handling activities without obtaining a license to practice food-related activities, and the regulation must specify the requirements and conditions for obtaining such a license.

Article 34 of the Regulation

The following requirements and conditions must be met by an applicant for a license to practice food-related activities:

1․ That he is medically fit and free from diseases or disease symptoms that may pose a risk to food safety, by virtue of a medical report from an approved entity.

2․ That he passes the training programs or tests approved by the authority.

3․ Fulfilling the conditions and requirements provided in the relevant technical regulations and specifications.

Article 35 of the Regulation

The period of the license to practice food circulator work is two years, renewable.

Article 36 of the Regulation

A food circulator shall immediately notify the supervisor of the food establishment in the event of contracting an illness or the appearance of any disease symptoms, including wounds and injuries.

Article 37 of the Regulation

A food handler shall follow good hygienic practices in relation to food handling.

Article 38 of the Regulation

The authority may cancel or suspend the license to practice food handler work if it is proven that he violated the provisions of the law and its regulation.

Chapter 5
Food Handling

Article 16

It is not permitted to handle food in the following cases:

1․ If it is contrary to the principles of Islamic Sharia.

2․ If it is harmful to health or unfit for consumption.

3․ If it is contrary to the technical regulations or standard specifications of the food.

4․ If it is adulterated, or contains deceptive methods or means or a practice that misleads the consumer.

5․ If it is not packaged in the manner specified by the technical regulations, except for what is excluded in the regulation.

6․ If it is not accompanied by a food label and the explanatory information, except for what is excluded in the regulation.

7․ If it is not registered with the authority.

Article 39 of the Regulation

Food is considered to be contrary to the principles of Islamic Sharia in any of the following cases:

1․ If the source of the food or one of its ingredients is non-halal food in accordance with the technical regulations.

2․ The mixing of halal food with non-halal food at any stage of its handling.

3․ Any other cases specified by the authority that are published on its website.

Article 40 of the Regulation

It is prohibited to handle meat and its products unless they are from animals slaughtered in accordance with the principles of Islamic Sharia and in conformity with the technical regulations.

Article 41 of the Regulation

Food is considered harmful to health or unfit for human consumption in any of the following cases:

1․ If it contains any toxic substance.

2․ If it contains any source of danger that could cause harm to consumer health.

3․ If it contains contaminants or any residues of substances or agricultural production inputs in a proportion exceeding the permitted limit in the technical regulations.

4․ If it contains a food additive that is prohibited from use in accordance with the technical regulations.

5․ If it contains a food additive that is permitted for use, but in a proportion exceeding the permitted limit in the technical regulations.

6․ If it is spoiled, rotten, or contaminated with any contaminant in a proportion exceeding the permitted limit approved by the authority.

7․ If it is handled in an environment or under conditions that could make it harmful to health or susceptible to contamination.

8․ If it is the product of a sick animal or an animal carrying a disease that does not permit the use of its product for human consumption, or from an animal that died before being slaughtered.

9․ If the packaging containing it is not made from safe materials that are permitted for use in packaging that food.

10․ If it contains ingredients that may cause allergies or any warnings that could affect consumer health, and the required information does not include explanatory information about this.

11․ If it is contaminated or treated with radioactive materials and the level of radioactivity in it is higher than the permitted limit approved by the authority.

12․ If the expiry date stated on the food label has passed.

13․ If it is unsuitable or unacceptable in accordance with its intended use.

14․ If the food is damaged, spoiled, decomposed, contaminated with dirt, or its color or smell has changed in a way that negatively affects its quality.

15․ If it contains foreign substances in a proportion exceeding the permitted limit in the technical regulations, leading to a change in its distinctive characteristics in accordance with its intended use.

16․ If it contains or is suspected of containing a biological or chemical contaminant that leads to food poisoning, and its incubation period is consistent with the symptoms caused by a biological contaminant or its toxins in those infected.

17․ Any other cases specified by the authority that are published on its website.

Article 42 of the Regulation

Food establishments, in the event of food poisoning or suspected food poisoning, shall adhere to the rules and protocols issued by the authority in agreement with the Ministry of Municipalities and Housing.

Article 43 of the Regulation

In the event of food poisoning or suspected food poisoning, an establishment is prohibited from cleaning, removing, or discarding any equipment, materials, or products within the establishment.

Article 44 of the Regulation

In the event of food poisoning or suspected food poisoning, an establishment shall not allow employees in the establishment to leave the Kingdom. It shall also notify the concerned entity—each according to its mandate—with a list of the employees of the establishment. The concerned entity shall then forward this to the entities competent with travel bans to issue a travel ban order until the competent entities complete the investigations into the food poisoning incident.

Article 45 of the Regulation

It is not permitted to handle food if it is contrary to the adopted mandatory technical regulations and standard specifications.

Article 46 of the Regulation

Food transportation means must meet the requirements specified by the relevant technical regulations and standard specifications, as well as the requirements of the competent entity.

Article 47 of the Regulation

Food is considered adulterated in any of the following cases:

1․ If it contains a permitted food additive that is not authorized for use in that food in accordance with the technical regulations.

2․ If the explanatory information of the food does not match its actual contents.

3․ If any of its ingredients were removed, any changes were made to it, or it was recomposed, without stating that on the food label, even if these procedures are permitted in accordance with the technical regulations.

4․ If it contains a substance that reduces the nutritional value.

5․ If it contains a substance that leads to concealing a defect or a change in volume or weight.

6․ If the food contains any pork meat and fat products, alcoholic substances, or other non-halal foods without stating that on the food label.

7․ If any modification is made to the validity period of the food without obtaining prior written approval from the authority, after the expiry date stated on the food label has passed.

8․ Any other cases specified by the authority that are published on its website.

Article 48 of the Regulation

Practices are deemed misleading to a consumer in the following cases:

1․ If its description is incorrect.

2․ If the explanatory information contains unintelligible words, phrases, symbols, pictures, or indications, is not clearly visible, or contains inaccurate information.

3․ The content of the explanatory information in Arabic does not match its original language.

4․ If the food label includes any health or nutritional claim not permitted by the authority.

5․ If it is produced using irradiation technology, genetic modification, or other modern technologies without stating that on the food label, in accordance with the requirements of the technical regulations.

6․ Any other cases specified by the authority that are published on its website.

Article 49 of the Regulation

Without prejudice to the requirements and conditions for food handling, special approval must be obtained from the authority for each of the following products, after fulfilling the specific conditions for that product:

1․ Food additives.

2․ Food for special nutritional and medical uses.

3․ Food related to infants and children.

4․ Energy drinks.

5․ Any other products specified by the authority that are published on its website.

Article 17

A food establishment is responsible for ensuring the application of the provisions of this law and its regulations within the food activity under its responsibility.

Article 50 of the Regulation

A food establishment shall appoint a food establishment official who is responsible for ensuring food safety and its fitness for human consumption, and the application of the provisions of this law and its regulation. He is also responsible for the works of food handlers working in the food establishment and its facilities, as specified in the law and the regulation. In particular, he shall do the following:

1․ Training food handlers and explaining the necessary knowledge and skills required for them in the field of food safety and good operating practices, each according to the tasks assigned to him.

2․ Not allowing food handlers in the establishment suspected of having a disease or carrying an infection that could pose a risk to food safety to work in the food establishment except after their recovery, in accordance with the provisions of the law and the regulation.

3․ Implementing food safety management systems.

4․ Facilitating the tasks of an inspector during the performance of his work tasks in supervision and inspection works.

5․ Maintaining the necessary records and documents specified by the authority and providing them upon request.

6․ Immediately reporting any food that he suspects may pose harm to consumer health, and the procedures taken to prevent it from reaching the consumer.

7․ Adhering to implementing tracing, recall, and withdrawal systems.

8․ Reporting any new activities or changes in the food establishment, its products, or its employees, or those that are suspended.

Chapter 6
Responsibilities of a Food Establishment

Article 18

A food establishment must be able to identify the source of the food under its supervision, identify the food establishments that supply it, and provide the authority with the required information if necessary.

Article 51 of the Regulation

A food establishment must be able to trace food and provide the authority with the information it requests in accordance with the following:

1․ Establishing its own food traceability manual that includes the minimum requirements of the Food Traceability Manual approved by the authority, provided that it includes the following:

(a) Procedures that ensure the identification of food sources and the identification of the establishments that supply it with food.

(b) Recording all operations that are carried out on the food at all handling stages that fall under its supervision.

(c) Recording all raw materials and additives used in the composition of the food and its sources, including packing and packaging materials.

2․ The commitment of the food establishment to implementing systems for food traceability one-step-back-one-step-forward (including the records of the manufacturer or supplier and places of display or sale).

3․ A register of information specific to suppliers and the food supplied by them—one-step-back—including the name of the supplier and address, date of receipt, nature and quantities of the received products, their transportation and storage data, and any other information the authority deems necessary.

4․ A register of information specific to customers and the food supplied to them—one-step-forward—including the name of the customer and address, date of delivery, nature and quantities of the delivered products, their transportation and storage data, and any other information the authority deems necessary.

5․ Information on the food being handled, including the name of the food, brand name, product identification number (barcode), product volume and weight, production date, expiry date, batch number, and other information necessary to identify it and trace it.

Article 52 of the Regulation

A food establishment shall comply with the following:

1․ Keeping records and information related to traceability for a period not less than 180 days after the expiry date and providing them upon request, and the authority may specify other periods for certain foods.

2․ Ensuring the efficiency of traceability procedures, reviewing them periodically, and updating them if necessary.

Article 53 of the Regulation

The authority may, where necessary, carry out the following:

1․ Ensuring that the food establishment has put in place and implemented effective traceability procedures for its products in the handling stages to which they are subject.

2․ Excluding some food establishments from certain traceability requirements.

Article 19

The authority may assess food before its marketing, during it, and after marketing if the matter so requires, and it may—in light of the assessment result—take the measures specified by the regulation.

Article 54 of the Regulation

The authority may assess food before its marketing, during its marketing, and after its marketing, especially in the following cases:

1․ When new hazards or global or regional events emerge that may pose potential risks to food safety.

2․ The availability of any data or information about disease cases resulting from the presence or potential presence of sources of food-related hazards.

3․ Availability of data or information based on the results of inspection and the various detection programs.

4․ The need to conduct technical studies by the authority or jointly with relevant entities or authorities.

5․ Novel or non-traditional food products resulting from the use of modern technologies.

6․ Any other case the authority deems necessary.

Article 55 of the Regulation

The authority may be guided by international scientific food assessment studies issued by official entities or published in the form of peer-reviewed scientific research.

Article 56 of the Regulation

The authority may request any information relating to food from the food manufacturer, producer, marketer, or importer.

Article 57 of the Regulation

The authority may, in accordance with the result of the assessment, take one or more of the following procedures:

1․ Obtaining an undertaking from the food possessor not to dispose of it until the assessment results are available.

2․ Not permitting release of the food.

3․ Suspending its handling.

4․ Imposing corrective measures to ensure food safety, suitability, and conformity to the technical regulations.

5․ Temporarily closing the food establishment or part of it until the violation is corrected or for the period specified by the authority.

6․ Ordering the recall of the food.

7․ Withdrawing the food.

8․ Any other measures specified by the authority.

Article 20

If a food establishment knows or suspects that food is not in conformity with the conditions and requirements imposed by the authority, it shall notify the authority of this and take the necessary measures to withdraw the food as specified by the regulation.

Article 58 of the Regulation

A food establishment shall, immediately upon knowing or suspecting that food does not comply with the conditions and requirements imposed by the authority, take the necessary measures to recall the food in accordance with the following:

1․ Immediately starting the procedures for withdrawing the food, including recalling it in the event that it reaches the consumer.

2․ Notifying the authority immediately and providing it with all information about the food to be withdrawn.

3․ Complying with the measures received from the authority in this regard.

4․ Announcing the withdrawal process in at least two daily newspapers, one of which is located at the headquarters of the establishment, if the authority deems this necessary.

5․ Completing the withdrawal process within a period of time specified by the authority, and providing it with a report on this.

Article 59 of the Regulation

An establishment shall establish procedures for the withdrawal and recall of its food products, in accordance with its manual for withdrawal and recall of food, feed, or packing and packaging materials approved by the authority.

Chapter 7
Food Control

Article 21

The authority shall establish and manage a rapid alert system for the reporting of any direct or indirect risk to human health originating from food, and raise consumer awareness by the means it deems appropriate, in accordance with the procedures specified by the regulation.

Article 60 of the Regulation

The Rapid Alert Center for Food within the authority is responsible for operating and managing the rapid alert system for food in accordance with the following procedures:

1․ The rapid alert system for food must operate around the clock to collect and study information related to risks that may directly or indirectly affect human health or public health.

2․ The system must have subsidiary focal points in government entities and the related private entities designated by the authority. These entities shall appoint those responsible for these points (a person and his alternate) and shall provide the center with any changes to them. They must be granted the authority to communicate directly with the center and provide it with the relevant information.

3․ The center may request the food establishment to provide information required by the rapid alert system regarding food that it manufactures, produces, imports, exports, or distributes.

4․ The focal points shall provide the center with all available information related to the reported food and the measures taken in this regard as quickly as possible, not exceeding twenty-four hours.

5․ The establishment shall directly notify the center when there is reason to believe that the food it has manufactured, produced, imported, exported, or distributed may pose a risk to human health and safety or public health, and about the measures being taken or that have been taken.

6․ The center shall notify the focal points (within 24 hours) when there is a risk associated with a food that may be present in the markets, and of all available information on food, even if the available information is incomplete, in accordance with the classification of complaints provided in the Manual of the Rapid Alert System for Food and Feed.

7․ The center shall, when necessary, take the necessary measures to ensure that the focal points and the concerned establishment have received the complaint within 24 hours.

8․ The port directorates in the authority shall notify the rapid alert system of any rejection of a food shipment at the border crossings, stating the reason for the rejection.

9․ The center may publish a warning to consumers not to consume or use the reported product, in accordance with the mechanism adopted by the authority.

10․ The center shall not publish information that is considered part of the trade secrets of an establishment, unless its publication is a fundamental requirement for protecting consumer health and safety. The protection of the trade secrets of an establishment must not impede the provision of information related to the reported product to the rapid alert center if this is necessary to protect human health and safety or public health.

Article 22

The authority is the legally authorized entity to inspect food establishments and facilities regarding the application of the provisions of this law and its regulations, and it may seek assistance from security agencies when necessary.

Article 61 of the Regulation

The authority shall inspect food establishments and facilities in accordance with the following:

1․ The authority shall issue the procedures for inspecting food and its establishments.

2․ Carrying out periodic inspections of food and its handling operations in food establishments and facilities.

Article 23

Inspectors—named by a decision issued by a decision by the president—shall undertake control, inspection, and violation policing activities, and they have the powers and authorities of criminal policing officers.

Article 24

An inspector, upon presenting their job identification card, has the right to enter food establishments and facilities for the purpose of inspection. They may access documents and records and retain copies if necessary, and they may also take samples of food for analysis. The food establishment or facility shall enable the inspector to do so and shall not obstruct him.

If it appears to the inspector that there is food that violates the provisions of this law or its regulations, he may seize it and take the necessary measures in accordance with the procedures specified by the regulation. Seizure is mandatory if the food is unsafe.

Article 25

Article 62 of the Regulation

An inspector shall seize the unsafe food, and he may seize the food if he finds that it violates the provisions of the law and its regulations, in accordance with the following:

1․ Drawing up a violation report, and specifying the type of violation and the type and quantity of food, and it must be signed by the inspector and the food establishment official or his representative. In the event of their absence or refusal to sign, this must be noted in the report, and a copy must be given to the establishment.

2․ Obtaining an undertaking from the food establishment official or his representative not to dispose of the seized food except after the approval of the authority.

3․ Collecting samples of food for analysis if the need arises.

Article 63 of the Regulation

An inspector may recommend one or more of the following:

1․ Closing the food establishment or part of it.

2․ Discarding the violating food at the expense of the food establishment.

3․ Granting the violator a grace period to correct the violation if possible.

4․ Re-exporting the violating imported food.

5․ Any other recommendation that the inspector deems appropriate.

Article 26

An inspector shall comply with the following:

1․ Not disclosing any information he obtained due to his work, unless the authority or competent court requests him to do so.

2․ Complying with the provisions and procedures stipulated in this law and its regulations.

3․ Drawing up a violation report if there is a violation of the provisions of this law and its regulations, a copy of which must be delivered to the violator.

Chapter 8
Collection and Analysis of Samples

Article 27

The authority may collect samples of food without charge to verify their conformity to the provisions of this law and its regulations, and to analyze them if necessary in its laboratories or in laboratories registered with it.

Article 64 of the Regulation

When collecting a sample of food to verify its conformity to the provisions of the law and the regulation, the following procedures must be followed:

1․ Documenting the sample collecting incident by a report signed by both the inspector or whoever the authority authorizes and the owner of the establishment or its official.

2․ Collecting samples in accordance with the collection mechanism adopted by the authority, and the quantity of the sample taken must be limited to the amount needed for analysis and without charge.

3․ Referring the sample for examination and analysis in laboratories belonging to the authority or registered with it, whether inside or outside the Kingdom, if necessary.

Article 28

If the results of the sample analysis show a violation of the provisions of this law and its regulations, the authority shall issue a report to that effect. The authority may take the necessary measures in light of the findings of the report, including notifying the food establishment.

Article 65 of the Regulation

The authority shall issue a technical report if the results of the analysis of food samples show a violation of the provisions of the law and its regulation.

Article 66 of the Regulation

The authority may notify the violating food establishment of the results of the report it issues, and the food establishment has the right to object to it with the authority within ten working days from the date of the notification.

Article 67 of the Regulation

The right of the food establishment to object to the results of the report is without prejudice to the procedures and measures that the authority must take in accordance with the provisions of the law and the regulation.

Article 68 of the Regulation

The procedures taken by the authority must be proportionate to the nature and danger of the violation, taking into account the frequency of the violations of the food establishment.

Article 69 of the Regulation

If it is found from the report of the authority that the results of the analysis of the sample show the existence of a violation of the law, the regulation, or the technical regulations, the authority may take one or more of the following procedures:

1․ Suspending the handling of the violating food.

2․ Requesting the correction of the violation if the authority deems this possible.

3․ Closing the food establishment or part of it until the violation is corrected.

4․ Ordering the withdrawal or recall of the food.

5․ Discarding the violating food at the expense of the food establishment.

6․ Preventing the violator from practicing any work relating to food handling.

7․ Canceling the licence.

8․ Canceling the registration.

9․ Suspending the license of the food establishment.

10․ Permitting the temporary release of imported food if the authority deems it possible to correct the violation.

11․ Re-exporting the imported food.

12․ Any other measures specified by the authority.

Chapter 9
Preventive Procedures and Precautionary Measures

Article 29

The authority shall adopt the appropriate preventive approach to ensure food safety throughout the stages of the food chain, and it has the power to impose the necessary technical systems to achieve this.

Article 70 of the Regulation

The authority shall adopt the appropriate preventive approach throughout the stages of the food chain to ensure food safety by requiring food establishments to implement systems that contribute to this, including good operating practices, food safety management systems, and any other similar systems.

Article 30

If the authority has reason to believe that food may cause harm to consumer health or public health, and conclusive scientific evidence is not available to confirm this, it may take the necessary precautionary measures to control the risks, taking into account the magnitude of the potential harm, avoiding the imposition of unnecessary restrictions, and reviewing those measures within a reasonable period in light of the results of the risk assessment.

Article 71 of the Regulation

When the authority has reason to believe that there are hazards in food that may cause harm to human health or public health, the authority may identify the suspected food and determine its locations, and take any of the following precautionary measures:

1․ Temporarily banning the imported food.

2․ Seizing the violating food, preventing its handling, or not releasing it until its safety is confirmed.

3․ Temporarily closing the establishment or part of it.

4․ Ordering the recall or withdrawal of the food.

5․ Conducting an assessment of the risks expected from the food.

Article 72 of the Regulation

The authority shall review the measures taken in accordance with article 69 within a reasonable period of time that can be determined based on the nature of the potential health hazards and the extent to which new information is available that allows for a more comprehensive risk assessment.

Article 31

The authority may, if there is a potential risk threatening consumer health or public health in a food establishment, its facilities, any of its contents, or its products, issue an order to close this establishment or any of its facilities in accordance with the procedures specified by the regulation.

Article 73 of the Regulation

The authority may, when there is a potential hazard threatening consumer health or public health in a food establishment, any of its facilities, its contents, or its products, issue a closure order in accordance with the following procedures:

1․ Establishing the facts by means of a report prepared for this purpose, which includes a description of the potential hazard and its location.

2․ Recommending the type of closure that is appropriate for the nature of the potential hazard.

3․ The authority shall issue a closure order and its type.

4․ The closure must continue until the potential hazard is eliminated or the corrective actions imposed by the authority are completed.

5․ Withholding the food inside the food establishment.

6․ Conducting an assessment of the potential hazards from the food, including collecting samples and analyzing them.

Article 74 of the Regulation

It is not permitted to practice the activity in a closed food establishment except based on an approval from the authority.

Article 32

If it becomes apparent to the authority that the food poses a risk to consumer health or public health, and this risk cannot be avoided by the available measures and procedures, it may order the withdrawal of the food or take appropriate procedures in accordance with the nature of the situation.

Article 75 of the Regulation

If it becomes apparent to the authority that the food poses a risk to consumer health or public health, and this risk cannot be avoided by the available measures and procedures, it may take one or more of the following procedures:

1․ Issuing an order to the establishment to immediately withdraw or recall the food, within the period specified by the authority.

2․ Issuing an order prohibiting the handling of the food or not permitting its release.

3․ Withdrawing and recalling the food at the expense of the establishment in the event that it does not comply with the specified period.

4․ Verifying the completion of the withdrawal or recall process.

5․ Publishing a warning announcement to consumers about the food that has been withdrawn or recalled.

6․ Preventing any advertisement of the product by the food establishment.

7․ Undertaking any procedure that the authority deems appropriate in accordance with the nature of the situation.

8․ Food that poses a risk to consumer health or public health must be treated in accordance with article 34 of the law.

Chapter 10
Withdrawal and Traceability of a Food Product

Article 33

If the authority has evidence that a food product may cause harm to consumer health or public health, it may order the withdrawal or recall of the product and prevent its handling, in accordance with the procedures specified by the regulation.

Article 76 of the Regulation

The authority may, when it has evidence that the food may cause harm to consumer health or public health, take any of the following:

1․ Issuing an order prohibiting the handling of the food or not permitting its release.

2․ Issuing an order to the establishment to withdraw and recall the food within a period specified by the authority.

3․ Verifying the completion of the withdrawal and recall process.

4․ Withdrawing and recalling the food at the expense of the establishment in the event that it does not comply with that.

5․ Informing consumers about the withdrawal or recall and its reasons.

6․ Preventing any advertisement of the product by the food establishment.

7․ Any other procedure that the authority deems necessary to take.

Article 34

The authority may administratively order the discarding of any food product that violates the provisions of this law and its regulations whenever its handling causes harm to consumer health or public health, and the regulation must specify the procedures for discarding.

Article 77 of the Regulation

The authority may order the discarding of any food that violates the provisions of this law and its regulation whenever its handling causes harm to consumer health or public health, in accordance with the following:

1․ Drawing up a report indicating the type and quantity of the food and the reason for discarding.

2․ Discarding must be in accordance with the procedures adopted by the authority and under its supervision.

3․ The food establishment shall bear all the expenses resulting from the discarding process.

4․ The discarding must be in the presence of the food establishment official or his representative.

Article 35

It is not permitted to handle any food product that the authority decides to withdraw or recall from the market or to prohibit its handling.

Chapter 11
Punishments

Article 36

First

(a) Without prejudice to any punishment stipulated in any other law, the perpetrator of any violation of the provisions of this law or its regulations must be punished by one or more of the following punishments:

1․ A fine not exceeding 1,000,000 Riyal.

2․ Preventing the violator from practicing any food business, for a period not exceeding 180 days.

3․ Suspending the license for a period not exceeding one year.

4․ Canceling the license.

(b) It is permitted to double the punishment if the violation is repeated.

(c) If the violation involves intentionally causing the handling of a food item that is harmful to health, adulterated, or prohibited, the punishment must be imprisonment for a period not exceeding ten years, or a fine not exceeding 10,000,000 Riyal, or both, in addition to the application of any of the punishments stipulated in clauses First(a)(2), (3), and (4) of this article.

Second

The authority shall impose the punishments stipulated in clauses First(a)(1), (2), (3), and (4) of this article, in accordance with the classification of violations and the determination of punishments approved by the board. These punishments are not effective until they are approved by the president or whoever he authorizes, and the regulation of this law must specify the controls and procedures for this. This does not prejudice the right of the authority to take any precautionary measures it deems necessary.

Third

If the violation warrants a punishment of imprisonment, it must be referred to the Bureau of Investigation and Public Prosecution for investigation, and it must be referred to the competent court if it deems it appropriate.

Fourth

A final judgment or decision must be published at the expense of the violator in three local newspapers, taking into account the headquarters of the food establishment and the place where the violation occurred.

Fifth

Anyone against whom the authority has issued a punishment decision may file a grievance against it before the committee stipulated in clause Sixth of this article within 30 days from the date of being notified of the decision.

Sixth

The board shall form a committee—or more—with a minimum of three members, including a legal adviser. The committee has the mandate to consider the following:

1․ Violations and the imposition of any of the punishments stipulated in clause First(c) of this article, excluding the punishment of imprisonment, and issuing the appropriate decision accordingly. It is permitted to file a grievance against this decision before the Administrative Court within 60 days from the date of being notified of it.

2․ Grievances from those concerned regarding punishment decisions issued against them by the authority, provided that the committee decides on the grievance within a period not exceeding 60 days. In the event that this period expires without a decision being made on the grievance, or if the violator does not accept the decision of the committee, he may file a grievance against the punishment decision before the Administrative Court.

In the event that the Administrative Court sets aside the punishment decision issued by the committee or the authority, the court shall consider the violation and impose the appropriate punishment stipulated in this article.

Article 78 of the Regulation

If the violation involves intentionally causing the handling of a food item that is harmful to health, adulterated, or prohibited, the violation must be referred to the Bureau of Investigation and Public Prosecution for investigation, and it must be referred to the competent court if it deems it appropriate.

Article 79 of the Regulation

If a judgment is issued regarding the violation referred to in article 75 of this regulation, or if the Bureau of Investigation and Public Prosecution deems it not necessary to refer the violation to the competent court, the violation must be referred to the committee stipulated in article 36(Sixth) of the law to review the violation and apply any of the punishments stipulated in article 36(First)(c) of the law.

Article 80 of the Regulation

Referring the violation to the Bureau of Investigation and Public Prosecution the “Public Prosecution” or to the committee stipulated in article 36(Sixth) of the law does not prevent the authority from taking the precautionary measures it deems necessary.

Article 81 of the Regulation

Subject to the provisions of articles 78 and 79 of this regulation, the authority shall impose the punishments stipulated in article 36(First)(a)(1), (2), (3), and (4) of the law in accordance with the classification of violations and punishments approved by the board.

Article 82 of the Regulation

The following procedures must be followed in the review of violations and the imposition of punishments, which the authority undertakes to impose on the violator:

1․ The competent directorate shall review the violation after completing the procedures for its policing, and it may hear the statements of the violator or his representative.

2․ The competent directorate shall issue its decision in regard to the violation, and submit it to the president or whoever he authorizes for approval.

3․ The punishment is not effective until after the approval of the decision by the president or whoever he authorizes.

4․ The violator must be notified of the punishment decision in one of the following ways:

(a) Delivering it to the violator by hand with confirmation of receipt or proving his refusal.

(b) Delivering it to the violating establishment at its site with proof of delivery from any of the subordinates of the establishment at the site.

(c) Sending it to the address of the violator registered with the authority.

(d) Sending it to the email of the violator registered with the authority.

The procedures for reviewing the violation do not prejudice taking the measures that the authority deems necessary to address the impact of the violation or deal with its consequences.

Article 37

Anyone harmed by any violation of the provisions of this law has the right to claim compensation for the damages caused by that violation before the competent court.

Chapter 12
Final Provisions

Article 38

The authority may enter into mutual recognition agreements, memorandums of understanding, or other bilateral or multilateral cooperation methods and mechanisms in the field of food, and it is the legally authorized entity to implement these agreements.

Article 39

The board shall determine the fee for the services provided by the authority and for the licenses, registration certificates, and approvals issued by it.

Article 40

It is permitted to grant the inspectors of the authority financial rewards by a decision of the board for the work they perform that leads to the avoidance of harm to the consumer or to public health.

Article 83 of the Regulation

The board shall approve the rules for granting financial rewards to the inspectors of the authority in return for works that lead to preventing grave harm to human health or public health. These rules must specify the criteria for granting such rewards.

Article 41

It is permitted to grant an incentive reward not exceeding 25% of the amount of the fine due by a decision of the board to those—other than the inspectors of the authority or the entities it enlists—who assist in discovering a violation of the provisions of this law and its regulations.

Article 84 of the Regulation

The board shall issue a mechanism for granting incentive rewards to those who—other than the inspectors of the authority or the entities it enlists—assist in the discovery of any violation of the provisions of the law, the regulation, the technical regulations, and the mandatory approved standard specifications.

Article 42

The authority shall present draft technical regulations and standard specifications for food to the public in the manner it deems appropriate before adopting or issuing them, in order to receive comments and proposals.

Article 85 of the Regulation

The authority shall present draft technical regulations and standard specifications for food to the relevant entities in the manner it deems appropriate, in order to express views and comments on them before their adoption and issuance by the board.

Article 43

The authority may seek the assistance of any other government entity or the private sector to carry out any task entrusted to it by virtue of this law and its regulation.

Article 44

The board shall issue the regulation within 180 days from the date of publication of this law in the official gazette, and it comes into force from the date of its entry into force.

Article 45

This law comes into force after 180 days from the date of its publication in the official gazette, and it repeals all provisions in conflict with it.


Published in Umm Al-Qura 5072 issued on 21 February 2025.

Categories
Ministerial Decision

Transport General Authority: Decision 107/46/1 Adopting the Railways Local Content Guide

Arabic

based on the powers granted to him by law,

after perusal of the System of the Transport General Authority issued by Council of Ministers Decision 323 dated 14 Ramadan 1434 [22 July 2013] and its amendments,

after perusal of the Railway Law issued by Royal Decree D/159 dated 22 Sha’ban 1445 [3 March 2024],

and after perusal of the Executive Regulation of the Railway Law issued by the Board of Directors of the Transport General Authority Decision 1/1/2024/4 dated 19 Dhu Al-Hijja 1445 [25 June 2024],

and in pursuance of the interest of work,

hereby decides

First

The Local Content Guide for Railways is hereby approved in accordance with the form attached.

Second

This decision must be published in the official gazette, and comes into force on the date of its publication.

Third

This decision hereby repeals all previous decisions and instructions in conflict with it.

Fourth

The original copy of this decision must be sent to the Undersecretary of the Railway Transport Authority to act upon it and implement its provisions.

Acting President of the Transport General Authority
Rumaih bin Mohammed Al-Rumaih

Issued on: 6 Jumada Al-Thani 1446
Corresponding to: 8 December 2024

Published in Umm Al-Qura 5062 issued on 27 December 2024.

Categories
Laws and Regulations

The Railways Local Content Guide

Arabic

Issued by Transport General Authority Decision 107/46/1


1․ Preamble

1․1 Review date:

Date Version Amendment details
October 2024 1 Version one

1․2 Main document:

This document must be read in conjunction with Guideline 01: Main Document, which contains all definitions and standards used in the set of guides and guidance documents․

1․3 Definitions:

The following phrases and terms have—wherever mentioned in this guide—the meaning assigned to each of them, unless the context requires otherwise:

Authority: Transport General Authority․

Local content: The total spending in the Kingdom through the participation of Saudi elements in the workforce, goods, services, assets, technology, and the like․

Local content percentage: A percentage indicating the amount of spending on Saudi elements in the contract or establishment, as compared to the total spending on either․

Baseline: The local content percentage in the commercial establishment when it submits an application for a license or license renewal․

Local content certificate: A document issued by the Local Content and Government Procurement Authority showing the baseline of an establishment․

Guideline: Local Content Percentage Template: A guide issued by the Local Content and Government Procurement Authority and published on its website, detailing the mechanism for filling out the local content percentage template (baseline)․

2․ Introduction

2․1 Objective:

This guide aims to explain the methodologies and tools for measuring local content and developing it so that it becomes the main reference for coordinating local content development efforts in the railway transport sector in the Kingdom, that is through clarifying the requirements necessary to measure the local content baseline for establishments operating in the sector, in addition to clarifying the local content requirements for companies operating in the railway transport sector, in a manner that does not conflict with the applicable laws and regulations․

The Transport General Authority and the Local Content and Government Procurement Authority seek to develop local content in the railway transport sector, by aligning the targeted plans to increase local content submitted by railway service providers with the strategic objectives of the railway transport sector and following up on their implementation with the aim of enhancing the contribution of local content to the national economy in a sustainable manner․

2․2 Scope of Operation

The guide and directives in this regard apply to:

(a) Railway service providers licensed by the authority and whose license has at least 12 months remaining․

(b) Railway service providers wishing to renew an existing license for a period not less than 12 months․

(c) Issuance of a new license for a period of not less than 12 months․

Railway services subject to the scope of this guide include the following activities:

1․ Operation and management of infrastructure․

2‏․ Maintenance of railway infrastructure components․

3․ Management and operation of container handling areas connected to the network․

4․ Operation of stations․

5․ Carriage of passengers by railways between cities․

6․ Carriage of passengers by railways within cities․

7․ Carriage of goods by railways within cities․

8․ Carriage of goods by railways between cities․

9․ Maintenance of trains, carriages, and equipment․

The requirements set out in this guide are without prejudice to any local content obligations of the licensee under any other legal instruments․

3․ Pillars for measuring local content percentage

The Local Content and Government Procurement Authority has created a methodology to measure the local content percentage, and that is through determining the total spending through the participation of Saudi elements in goods and services, employee compensation, asset depreciation, capacity development, and the like․[1]

The methodology for measuring the local content percentage includes four main pillars:

The Local Content and Government Procurement Authority has created a methodology to measure the local content percentage, and this is done through determining the total spending through the participation of Saudi elements in goods and services, employee compensation, asset depreciation, capacity development, and the like․

The methodology for measuring the local content percentage includes four main pillars:

Local content percentage Local content in goods and services

Net cost of goods and services

Local content in asset depreciation

Net cost of asset depreciation

Local content in capabilities development

Net cost of capabilities development

Local content in employee compensation

Net employee compensation

4․ Measuring local content and its mechanisms

4․1 Measuring the baseline of the establishments:

The baseline of an establishment is measured based on the pillars mentioned in section 3 of this guide, using a template—under specific controls—that enables the establishment to calculate its local content percentage, and measure the details of its historical local content performance for the period of the last completed financial year․[2]

If an establishment wishes to obtain a local content certificate, it shall visit one of the audit offices approved by the Local Content and Government Procurement Authority to review the form and complete the subsequent procedures․

5․ Local content requirements in Transport General Authority licenses

The requirements related to local content must be submitted to the Transport General Authority in accordance with the scope of application of the guide as follows:

– Local content certificate (baseline at the level of the establishment) as described in section 4․1 of the guide․

– A plan for nationalising jobs related to railway transport sector activities, at the baseline level of the establishment, as per the license period, provided that it includes—at least—the following details:

(a) Job titles in the establishment․

(b) Current nationalisation percentage for each job title․

(c) Targeted nationalisation percentage for each job title․

– A plan to develop local content in goods and services and to develop the capabilities of the establishment, as per the license period․ This must be explained by the following mechanism, including but not limited to:

‏(a) A list of goods that represent at least 70% of the total projected spending on goods․

(b) A list of services that represent at least 70% of the total projected spending on services․

(c) The current and expected country of origin of the goods mentioned in point (a)

(d) The current and expected country of origin of the service providers mentioned in point (b)․

(e) The current and projected volume of spending on training Saudi employees․

(f) The current and projected volume of spending on research and development․

(g) The current and projected spending on supplier development․

6․ Railway project licensees

Licensees, in accordance with the scope of this guide, shall carry out the following:

1․ Developing internal policies and procedures to contribute to raising the local content percentage․

2․ Submitting an annual report on the local content percentage, which was measured based on the methodology approved by the Local Content and Government Procurement Authority․ The annual report must include the following:

(a) All efforts related to developing local content that the establishment worked on during the period․

(b) Annual reports must be submitted one year after submitting the plan for nationalising jobs related to railway transport sector activities, the plan for developing local content in goods and services, and developing capabilities․

3․ A responsible person must be appointed to represent the licensee as a focal point between the entity and the authority in matters related to local content․ This person must be well qualified and at an appropriate level to bear responsibility for the local content requirements of the licensee․

7․ Improving the performance of licensees

If the annual report submitted by the licensee shows so, the authority may carry out the following:

1․ In the event that the performance of the railway service provider in local content is noticeably weak compared to its peers, the Transport General Authority shall provide support to the licensee, by holding meetings and discussing this matter to identify the elements and improvement inputs that can be made to achieve the necessary improvements․

2․ In the event that performance continues to be below the standard, the Transport General Transport Authority may coordinate with the licensee or project owner and propose or impose a plan to improve the local content performance of the licensee, in coordination with the Local Content and Government Procurement Authority․

3․ The Transport General Authority shall monitor the process of delivering and implementing the performance improvement plan․

Annexes

Local content concept

https://lcgpa․gov․sa/ar/LocalContent/Pages/default․aspx

Templates and guidelines for measuring local content, and a list of audit offices

https://lcgpa․gov․sa/ar/LocalContent/Pages/Measure-Local-Content․aspx

[1]The local content concept and measurement pillars can be viewed on the website of the Local Content and Government Procurement Authority․

[2]The local content measurement template and instructions for filling out the form, in addition to the list of approved audit offices, can be viewed on the local content measurement templates and guidelines section and the audit offices section on the website of the Local Content and Government Procurement Authority․


Published in Umm Al-Qura 5062 issued on 27 December 2024.

Categories
Ministerial Decision

Saudi Standards, Metrology and Quality Organization: Decision Approving the Technical Regulations for Tanks (Dry Gas Transport Tanks)

Arabic

Based on article 9 of the system of the authority issued by the Council of Ministers Decision 216 dated 17 Jumada Al-Thani 1431 [31 May 2010] and its subsequent amendments, which stipulates that: “The board is the competent authority to manage the affairs of the authority, conduct its business, and take all necessary decisions to achieve its purposes within the limits of the provisions of this system”.

after perusal of the Board of Directors of the Authority Decision 06/202/2024 at its meeting 202 dated 10 March 2024, which includes the approval of the “Technical Regulations for Tanks – Part Three: Dry Gas Transport Tanks”.

and based on Executive Decision 080 dated 28 October 2024, the board hereby approves the “Technical Regulation for Tanks – Part Three: Dry Gas Transport Tanks” in accordance with Document (ME 202-24-05-02-01), which aims to determine the basic requirements for dry gas transport tanks, included in the scope of this regulation, determine the conformity assessment procedures that suppliers must adhere to, in order to ensure the conformity of this product, and maintain the health and safety of road users.

May Allah provide success.

Issued on: 5 Jumada Al-Thani 1446
Corresponding to: 6 December 2024

Published in Umm Al-Qura 5059 issued on 6 December 2024.

Categories
Laws and Regulations

The Controls of Government Entities Renting Real Estate Outside the Kingdom

Arabic

Issued by Board of Directors Decision D/2/25/2024 dated 29 Jumada Al-Awwal 1446 [1 December 2024]


Article 1

The following words and phrases—wherever they appear in these controls—have the meanings assigned to each of them, unless the context requires otherwise:

Kingdom: The Kingdom of Saudi Arabia.

Controls: The Controls for Government Entities Renting Real Estate Outside the Kingdom of Saudi Arabia.

Authority: The State Properties General Authority.

Government entities: Ministries, government agencies, authorities, public institutions and establishments, and agencies with independent public legal personality desiring to rent real estate outside the Kingdom.

Head of the government entity: A minister, a chairman of the board of directors, or a senior official in a government entity that does not have a chairman of the board of directors, or his authorised representative.

Government entity personnel: Whoever works for a government entity or provides a service to it on a permanent or temporary basis, including personnel of diplomatic missions.

Mission: An embassy, a permanent delegation to international or regional organizations, a consulate, or the offices abroad that are subordinate to the Ministry of Foreign Affairs.

Head of the mission: Whoever is selected to work in this capacity.

Host state: The state in which the real estate to be rented is located.

Lessor: The owner of the real estate or the person who has the right to rent it in accordance with the laws of the host state.

Renewal: An agreement between the parties to the contract to re-sign the expired contract, or one that is about to expire, under the same terms and conditions of the previous contract or with amendments to it.

Article 2

A government entity shall not rent real estate outside the Kingdom except when there is a serious need for it after obtaining the approval of the authority, while complying with the following:

1․ That the government entity does not have real estate that meets its needs, is usable, and is not being utilized.

2․ That the authority does not have real estate that meets the needs of the government entity.

3․ That there is no vacant space within state-owned real estate in the same city that can be used to meet the needs of the government entity, after obtaining the approval of the government entity utilizing the real estate, and without prejudice to the work of any other government entity sharing the same real estate.

4․ That the government entity has the required financial approval to rent and utilize the real estate.

5․ That the government entity obtains the approval of the Ministry of Foreign Affairs if it desires to rent an office or a separate building outside the headquarters of a mission.

6․ Considering the balance between the interest of buying and renting in accordance with the plan for real estate needs of the government entity outside the Kingdom.

Article 3

Except for those whose housing is stipulated by the laws, housing for government entity personnel is not considered a need that permits renting. If the purpose of renting is to house personnel whose housing is required by the laws, then the amounts paid by the government entity for rent must not exceed the cash accommodation stipend for the beneficiary at the time of renting, extension, or renewal. Matters for which royal decrees, orders, or decisions have been issued are exempted from this.

Article 4

The following conditions must be met in real estate intended to be rented:

1․ That it is free from construction defects.

2․ That it meets the required licensing requirements from the competent entities in the host state.

3․ That its specifications are consistent with the needs of the government entity.

4․ That the area of the real estate required to be rented is within the limits of the needs of the government entity desiring to rent in accordance with the standards approved by the authority.

5․ That it is insured by the lessor—if available—in accordance with the laws of the host state.

6․ That there is no violation issued against it from any competent entity that affects its use, and that it is not the subject of a dispute.

7․ That it does not belong to a personnel of the authority or the government entity, to a relative of his up to the third degree, or to anyone who has a direct influence on the rental process.

8․ That the real estate does not belong to a person whose dealing with is prohibited in accordance with the laws, regulations, and decisions issued by the relevant entities in the Kingdom or the host state.

Article 5

1․ A government entity shall submit an application to rent real estate outside the Kingdom, accompanied by financial appropriations and approvals—if any—in accordance with the form prepared for this purpose, which must include the following:

(a) The type of real estate required and its location.

(b) The purpose of renting the real estate.

(c) The duration of real estate rental.

(d) Technical and security specifications of the real estate.

2․ ‏The application must be returned to the government entity for correction or completion of documents within 15 working days.

3․ ‏The authority shall review the rental application and issue its decision to approve it after coordination with the entities desiring to rent in the same city—to avoid competition among them and to achieve efficiency in the rental process—or reject it, or offer a state-owned real estate that meets the needs of the government entity, within a period not exceeding 15 working days from the date of completion of the application, and the authority may extend it for a similar period. In the event that the authority rejects the application, the decision must be reasoned.

Article 6

1․ After the initial approval of the authority of the rental application, the government entity shall provide offers from marketing and brokerage companies and real estate consultancies, with a minimum of three offers and within the limits of its financial appropriations. The government entity shall exercise the necessary professional care when providing the offers, and the government agency may—as an exception—suffice with submitting one offer that is accompanied by reasons.

2․ The authority may provide additional offers or alternative offers to those submitted by a government entity, and may seek assistance from whomever it deems to be of expertise and competence from outside its personnel.

3․ The authority shall review the offers and verify their compatibility with the needs of the government entity.

4․ It is permitted for offers to include basic amenities, furnishing, and technical and security requirements that enable the government entity to use the real estate.

5․ ‏The authority shall issue its approval of the appropriate offers within a period not exceeding 15 working days from the date of receipt of the offers, and the authority may extend this period for a similar period. The authority shall notify the government entity of the decision in order to complete the legal procedures.

Article 7

1․ ‏The government entity shall form a technical committee with no less than three members.

2‏. The committee shall—in coordination with the head of the mission or his authorised representative—examine the approved offers in order to evaluate them from a technical, security, and financial perspective, shall ensure their suitability to the needs of the government entity, shall recommend the appropriate ones of them, and shall prepare a report on this within a period not exceeding 30 days from the date of the formation of the committee.

3․ The committee shall negotiate with real estate owners in order to reach the best possible price offer in line with the prevailing prices in the city.

4․ The government entity shall submit the report—provided in paragraph 2 of this article—to the head of the government entity or his authorised representative in order to complete the legal procedures.

Article 8

The government entity shall communicate with the relevant security agencies in to order ensure that the selected real estate does not belong to persons or entities prohibited to deal with.

Article 9

1․ ‏The contract must be for a period not exceeding five years, and automatically renews for a similar period or periods—after the approval of the authority—with a maximum of 20 years from the date of signing the contract, unless one party notifies the other of its unwillingness to renew, at least 60 days before the end date of the contract, taking into account the laws of the host state regarding the provisions for notifying unwillingness to renew.

2․ As an exception to paragraph 1 of this article in cases of necessity determined by the government entity and in accordance with reasons accepted by the authority, it is permitted to renew the contract for additional periods exceeding 20 years, but not exceeding 30 years.

3․ The government entity shall notify the authority of its desire to renew or terminate the contract at least 120 days before the end date of the contract, in accordance with the form prepared for this purpose.

Article 10

1․ The head of the government entity or his authorised representative shall sign the contract in accordance with the financial appropriations.

2․ ‏The government entity shall manage the contract and pay its value.

3‏. The contract value must be paid in equal installments at the beginning of each contractual year of the contract term or according to the terms of the contract.

4․ The government entity shall provide the authority with a copy of the contract, and any amendment, renewal, or termination of it, in accordance with the controls.

5․ ‏The government entity or its authorized representative shall prepare a report upon receipt and delivery of the real estate, in accordance with the form prepared for this purpose, which must include the condition of the real estate and its amenities, and the government entity shall provide the authority with a copy of these reports within ten working days from the date of receipt or delivery of the real estate.

Article 11

The government entity may provide temporary headquarters for the mission or the technical offices affiliated with it or housing for the heads of missions or officials, and it may benefit from the options available in the host state, such as offices, furnished residential units, hotel apartments, and hotels, provided that the real estate is furnished and ready for use, for a period not exceeding one year, which may be renewed for a similar period after the approval of the head of the government entity within the limits of the financial appropriations of the government entity.

Article 12

Without prejudice to the provisions of the controls and as an exception to article 6, the government entity may directly rent real estate within the limits of the financial appropriations, in the following cases:

1․ Temporary headquarters of the mission or the technical offices affiliated with it or housing for heads of missions or officials.

2․ Permanent headquarters of mission offices or affiliated technical offices, the value of each contract of which does not exceed 300,000 (three hundred thousand) United States dollars annually.

3․ Permanent housing for the head of the mission or officials or for support services such as warehouses, parking lots, and the like, the value of each contract of which does not exceed 50,000 (fifty thousand) United States dollars annually.

Article 13

1․ Without prejudice to the provisions of the controls, two or more government entities may—after obtaining the approval of the authority‏—rent a single real estate that meets their needs in the host state in accordance with the form prepared for this purpose.

2․ The government entity shall undertake the procedures for the rental application, provided that the request specifies the area required for each government entity.

3․ The government entity that has the largest area of the rented property shall manage the contract, the costs of public services, and the costs of operating and maintaining the building. If the rented areas are equal, the responsibility must be borne by the entity that rented first.

4․ ‏Each government entity shall bear the costs of the basic amenities of the real estate public services, and the like, according to its area [utilized area ÷ total area] × total costs.

Article 14

1․ The government entity shall, when signing the contract, ensure that it complies with the controls, in a manner that does not conflict with the laws of the host state and prevailing customs, and that it includes the following:

(a) A text whereby the lessor bears the cost of carrying out remedial maintenance (corrective and refurbishment) of the basic amenities of the rented real estate at his own expense, and the lessor must not be compensated or his rent increased for carrying out remedial maintenance works that limit the use of the real estate during the term of the contract.

(b) A text that gives it the right to rescind the contract in the event of force majeure or emergency circumstances.

(c) A text obliging the lessor to bear the value and costs of marketing and brokerage.

(d) A text containing the applicable law.

2․ The government entity may bear—in accordance with the laws of the host state and prevailing customs—the insurance amount, and any fees or taxes resulting from the contract, unless it is exempted from that, under international agreements and treaties to which the Kingdom and the host state are a party.

3․ The government entity may acquire the real estate through a lease-to-own agreement in accordance with the Procedures Governing the Acquisition of Real Estate Outside the Kingdom.

Article 15

The government entity renting the real estate shall submit a periodic report to the authority on the condition of the rented real estate in accordance with the form prepared for this purpose.

Article 16

The procedures stipulated in the controls may be taken electronically.

Article 17

The authority shall issue the forms necessary to implement the provisions provided in the controls.

Article 18

The controls must be published in the official gazette, and come into force from the date of their publication.


Published in Umm Al-Qura 5068 issued on 7 February 2025.

Categories
Royal Decree

Royal Decree D/111 Determining State Revenues and Approving State Expenditures for the Fiscal Year 2025

Arabic Auto Translate

Issued on: 26 Jumada Al-Awwal 1446
Corresponding to: 28 November 2024

Published in Umm Al-Qura 5059 issued on 6 December 2024.

Categories
Ministerial Decision

Ministry of Finance: Decision 730 Extending the Implementation of the Initiative of Fine Cancellation and Exemption from Financial Punishment for Payers

Arabic

The Minister of Finance,

based on the powers granted to him by law,

based on Royal Order 60699 dated 26 Ramadan 1443 [27 April 2022], regarding the approval to re-launch the initiative of “Fine Cancellation and Exemption from Financial Punishment for Payers”, and my authorization to determine the standards, controls, and procedures for its application as well as the authority to extend them if necessary,

after perusal of the Income Tax Law issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004], the Excise Tax Law issued by Royal Decree D/86 dated 27 Sha’ban 1438 [24 May 2017], the Value Added Tax Law issued by Royal Decree D/113 dated 2 Dhu Al-Qa’dah 1438 [25 July 2017], and the Executive Regulation of the Real Estate Transaction Tax issued by Ministerial Decision 712 dated 15 Safar 1442 [3 October 2020], and its amendments,

hereby decides:

First

The implementation of the initiative of “Fine Cancellation and Exemption from Financial Punishment for Payers” issued by Ministerial Decision 1352 dated 28 Dhu Al-Qa’dah 1445 [5 June 2024] starting from 1 January 2025 is hereby extended for a period of six months.

Second

A payer registered with the Zakat, Tax, and Customs Authority is exempted from the late registration fine stipulated in the tax laws in the event that all the returns due to be submitted to the authority are submitted, and he pays the full principal of the tax debt due into force within the period from 1 June 2022 until the end of this initiative, or submits an application for its installment within the period from 1 June 2022 until the end of this initiative, with the payer adhering to the installment plan approved by the Zakat, Tax, and Customs Authority.

Third

A payer is exempted from the late payment fine and the delay in submitting the returns stipulated in all tax laws, and the fine for correcting the returns stipulated in the Value Added Tax Law associated with a tax return due to be submitted to the authority before 1 January 2025, whether the fine arises as a result of an action taken by the payer or the result of an assessment or re-evaluation conducted by the Zakat, Tax, and Customs Authority, provided that the payer pays the full principal of the due tax debt relating to the return from which the fine arose within the period from 1 June 2022 until the end of this initiative, or submits an application for its installment within the period from 1 June 2022 until the end of this initiative, with the payer adhering to the installment plan approved by the Zakat, Tax, and Customs Authority.

Fourth

A payer is exempted from the unpaid financial fines stipulated in the Value Added Tax Law article 45, which was imposed before 1 January 2025, provided that the payer submits all the returns due to be submitted to the authority, and pays the principal of the tax debt due by virtue of it within the period from 1 June 2022 until the end of this initiative, or submits an application for its installment within the period from 1 June 2022 until the end of this initiative, with the payer adhering to the installment plan approved by the Zakat, Tax, and Customs Authority.

Fifth

A payer is exempted from the full unpaid fines referred to in clause Third of this decision if he has paid the principal of the tax debt relating to it in full before 1 January 2025.

Sixth

The exemption from late payment fines referred to in clause Third of this decision includes late payment fines related to the principal tax included in the installment plan approved by the Zakat, Tax, and Customs Authority the payment of which is due after the end of the period of this initiative. If the taxpayer does not adhere to the installment plan approved by the authority during or after the end of the period of this initiative, a late payment fine related to the principal unpaid tax must be imposed on him.

Seventh

The payer is not exempted from the fines resulting from tax evasion violations, including the fines stipulated in clause Second, Third, and Fourth of this decision.

Eighth

This decision comes into force from the date of its issuance and it must be communicated to those required to implement it.

May Allah provide success.

Minister of Finance
Mohammed bin Abdullah Al-Jadaan

Issued on: 24 Jumada Al-Awwal 1446
Corresponding to: 26 November 2024

Published in Umm Al-Qura 5063 issued on 5 January 2025.

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