Issued by …
Published in Umm Al-Qura 5050 issued on 4 October 2024.
The Acting President of the Transport General Authority,
based on the powers entrusted to him by law,
after perusal of the Public Transport on Roads of the Kingdom of Saudi Arabia Law issued by Royal Decree D/25 dated 21 Jumada Al-Thani 1397 [9 June 1977],
after perusal of the Transport General Authority Law issued by Council of Ministers Decision 323 dated 14 Ramadan 1434 [22 July 2013] and its amendments,
after perusal of the Regulation Governing the Activity of International Passenger Bus Transport approved by Decision 448 of 24 Rabi Al-Awwal 1444 [20 October 2022] and its amendments,
and in pursuance of public interest,
hereby decides
First
The Conditions and Requirements of the Local Agent of the Non-Saudi Carrier Practicing the Activity of International Passenger Transport by Buses are hereby approved in accordance with the form attached.
Second
This decision becomes effective 90 (ninety) days from the date of its publication.
Third
The original copy of this decision must be sent to the undersecretary of the authority for land transport to notify those who are required to implement its provisions.
May Allah provide success.
The Acting President of the Transport General Authority,
Rumaih bin Mohammed Al-Rumaih
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5052 issued on 18 October 2024.
The Council of Ministers,
after perusal of Royal Court File 1758 dated 8 Muharram 1446 [15 July 2024], regarding the draft Law of Real Estate Transaction,
after perusal of the aforementioned draft law,
after perusal of Royal Order O/84 dated 14 Safar 1442 [2 October 2020],
after perusal of the Income Tax Law issued by Royal Decree D/1 dated 15 Muharram 1425 [26 February 2004],
after perusal of the Value Added Tax Law issued by Royal Decree D/113 dated 2 Dhu Al-Qa’dah 1438 [26 July 2017],
after perusal of the Bureau of Experts at the Council of Ministers Minutes 502 dated 21 Dhu Al-Hijja 1443 [21 July 2022], and Memorandums 194 dated 13 Muharram 1444 [11 August 2022], 355 dated 8 Safar 1444 [5 September 2022], 2262 dated 24 Rajab 1444 [15 February 2023], 1427 dated 25 Rabi Al-Thani 1445 [9 November 2023], 2682 dated 27 Rajab 1445 [7 February 2024], 4186 dated 5 Dhu Al-Hijja 1445 [12 June 2024], and 504 dated 9 Safar 1446 [15 August 2024],
after perusal of Council of Economic and Development Affairs Recommendation 18-10/45/R dated 19 Sha’ban 1445 [29 February 2024],
after perusal of Shura Council decision 460/43 dated 3 Muharram 1446 [10 July 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2123 dated 30 Safar 1446 [5 September 2024],
hereby decides
First
The Law of Real Estate Transaction Tax is hereby approved in the form attached.
Second
The competent judicial authority stipulated in article 17 of the law—referred to in clause First of this decision—is the primary and appeal committees that are stipulated in the Income Tax Law, issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004].
Third
The Zakat, Tax and Customs Authority shall apply the provisions stipulated in articles 73, 74, and 75 of the Income Tax Law—issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004]—to the tax dues of the authority in accordance with the provisions of the Law referred to in clause First of this decision.
Fourth
1. The concerned parties who have made any undocumented real estate transaction before the effective date of the real estate transaction tax on 14 Safar 1442 [2 October 2020], are granted a period of one Hijri year from the effective date of the system—referred to in clause First of this decision—to rectify their status and document the real estate transactions they have made in accordance with the relevant regulatory provisions, provided that the date of the real estate transaction is proven before the competent authority. The Minister of Justice and the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority shall agree on the controls for implementing this paragraph, and they shall submit all that requires taking action in this regard.
The period referred to in this paragraph may be extended by a decision by the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority.
2. Any partner in a company who has made a real estate transaction—represented by transferring the property in the name of the company without documenting it—is granted a period of one Hijri year from the effective date of the system referred to in clause First of this decision, to document the transaction and provide the Zakat, Tax and Customs Authority with proof of it. This period may be extended by a decision by the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority. In this case, the real estate transaction is exempt from the real estate transaction tax, provided that the real estate subject to the transaction is registered within the assets of the company before the real estate transaction tax comes into effect, and that the person conducting the transaction submits audited financial statements or an accredited certificate—from a licensed chartered accountant—proving that the real estate is included in the assets of the company before the real estate transaction tax comes into effect and up to the date of the transaction.
Fifth
Without prejudice to the provisions of the law—referred to in clause First of this decision—the following are exempt from real estate transaction tax:
1. Real estate transactions carried out in implementation of lease-to-own contracts and financial leasing contracts, concluded before the effective date of real estate transaction tax on 14 Safar 1442 [2 October 2020].
2. Real estate transactions that were subject to value-added tax before being documented, if the documentation was done after the provisions of the Law of Real Estate Transaction came into effect.
Sixth
Confirming that real estate supplies subject to real estate transaction tax are exempt from value added tax.
A draft royal decree has been prepared in the form attached.
Seventh
The Zakat, Tax and Customs Authority shall, after the lapse of three years from the entry into force of the law—referred to in clause First of this decision—review the mechanism for calculating the real estate transaction tax, and that this must include examining the extent to which it is appropriate to calculate it on the basis of brackets or categories according to the use of the property (residential, commercial, agricultural, etc.) and its location, and submit its findings in this regard.
The Prime Minister
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5051 issued on 11 October 2024.
The Council of Ministers,
after perusal of the Royal Court File 74905 dated 16 Shawwal 1445 [25 April 2024], which includes the Minster of Commerce Letter 4277, dated 9 Safar 1443 [17 September 2021], regarding the drafts of the Commercial Register Law and the Trade Names Law,
after perusal of the aforementioned draft of the Commercial Register Law,
after perusal of the aforementioned draft of the Trade Names Law,
after perusal of the Commercial Register Law, issued by Royal Decree D/1 dated 21 Safar 1416 [20 July 1995],
after perusal of the Trade Names Law, issued by Royal Decree D/15 dated 12 Sha’ban 1420 [21 November 1999],
after perusal of the System of the Saudi Center for Economic Affairs, issued by Council of Ministers Decision 456 dated 11 Sha’ban 1440 [17 April 2019],
after perusal of Royal Order 39929 dated 28 Jumada Al-Thani 1443 [1 February 2022],
after perusal of the Bureau of Experts at the Council of Ministers Memorandums 1647 dated 9 Jumada Al-Awwal 1445 [22 November 2023], 2114 dated 12 Jumada Al-Thani 1445 [25 December 2023], 3949 dated 19 Dhu Al-Qa’dah 1445 [27 May 2024], and 775 dated 2 Rabi Al-Awwal 1446 [6 September 2024],
after perusal of the Council of Economic and Development Affairs Recommendation 1-8/45/R dated 15 Jumada Al-Thani 1445 [28 December 2023],
after considering Shura Council Decision 265/25 dated 13 Shawwal 1445 [22 April 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2508 dated 13 Rabi Al-Awwal 1446 [17 September 2024],
hereby decides
First
The Commercial Register Law is hereby approved in the form attached.
Second
The Trade Names Law is hereby approved in the form attached.
Third
Those registered in the Commercial Register are granted a grace period of five years starting from the effective date of the law referred to in clause First of this decision, to rectify the status of their sub-commercial registrations. All their sub-registrations must be deleted at the end of such grace period, according to a mechanism determined by the Ministry of Commerce.
Fourth
The provisions of the law—referred to in clause Second of this decision—do not prejudice trade names registered prior to its entry into force, as determined by the Ministry of Commerce.
A draft royal decree has been prepared in the form attached.
Fifth
The financial consideration—mentioned in article 27 of the law referred to in clause First of this decision and in article 21 of the law referred to in clause Second of this decision—must be determined in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, until the Central Committee for Fees and Financial Considerations formed based on Royal Court Telegram 83347 dated 2 Dhu Al-Hijja 1444 [21 June 2023] begins its work.
Sixth
The Ministry of Commerce shall take into account the provisions of Royal Order 39929 dated 28 Jumada Al-Thani 1443 [1 February 2022], when preparing the executive regulations for the law referred to in clause Second of this decision.
Seventh
The Saudi Center for Economic Business—in coordination with the Ministry of Commerce, the Ministry of Investment, and the Saudi Authority for Intellectual Property—shall consider the appropriateness of establishing a comprehensive and unified economic platform that suits all business sectors in the Kingdom, based on its competence referred to in article 4(2) of its system issued by Council of Ministers Decision 456 dated 11 Sha’ban 1440 [17 April 2019], and submit what is necessary.
The Prime Minister
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5050 issued on 4 October 2024.
The Council of Ministers,
after perusal of Royal Court File 86739 dated 2 Dhu Al-Hijja 1445 [9 June 2024], which includes Minister of Culture Telegram 6727 dated 22 Dhu Al-Qa’dah 1445 [30 May 2024], regarding naming the year 2025 as “Year of Handicrafts”,
after perusal of Bureau of Experts at the Council of Ministers Memorandum 333 dated 22 Muharram 1446 [29 July 2024],
after perusal of Council of Economic and Development Affairs Recommendation 44-5/46/D dated 4 Safar 1446 [10 August 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2189 dated 1 Rabi Al-Awwal 1446 [5 September 2024],
hereby decides
The naming of the Year 2025 as “Year of Handicrafts” is hereby approved.
The Prime Minister
Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024
Published in Umm Al-Qura 5049 issued on 27 September 2024.
Issued on: 6 Rabi Al-Awwal 1446
Corresponding to: 10 September 2024
Published in Umm Al-Qura 5062 issued on 27 December 2024.
Introduction
based on one of the objectives of the Cooperation Council for the Arab States of the Gulf as stated in its charter including formulating laws in various fields,
in implementation of the recommendation of the undersecretaries responsible for antiquities and museums in the states of the council on 11-12 Jumada Al-Thani 1434 corresponding to 21-22 April 2013 on preparing the Charter of Architectural Heritage in the States of the Cooperation Council for the Arab States of the Gulf,
in support of the Guidance Manual for the Preservation of Architectural Heritage in the Cooperation Council for the Arab States of the Gulf approved by the Supreme Council at its 29th session held in Muscat—Sultanate of Oman on 1-2 Muharram 1430 corresponding to 29-30 December 2008,
considering the international agreements and charters concluded between the member states of the council, the Arab League, and relevant international organizations, particularly in the field of protecting world heritage and architectural heritage issued by the Organization of the Islamic Conference, the Arab League Educational, Scientific, and Cultural Organization, and the United Nations Educational, Scientific, and Cultural Organization (UNESCO),
given the importance of architectural heritage as a unique production that embodies the social and cultural formations produced by the society of the Arabian Gulf in its diversity, unity, and approach to dealing with the various natural environments that make up its geographical region,
recognizing that the Gulf architectural heritage is a shared heritage among the various societies of the Arab Gulf states, bearing witness to the Gulf, Arab, and Islamic culture and its uniqueness in its authenticity, and that preserving it is preserving an important aspect of its identity, as the Gulf architectural heritage is a substantial and diverse legacy whose foundations were laid by successive generations based on their customs, traditions, natural and climatic conditions, and needs throughout the ages, and caring for this heritage is a means of cohesion between the authenticity of the past and the technologies of the present, as there must be harmony between authenticity and modernity so that developmental trends do not distract us from investing in our authentic heritage and employing it in the best manner in contemporary life without it becoming a burden on development,
emphasizing on the importance of preserving the Gulf architectural heritage and passing it on to future generations, and the necessity of addressing it with an integrated approach that aims to integrate it into economic, social, and cultural development, and employing it in a manner that suits its components and allows it to be operated in accordance with the contemporary requirements of the peoples of the Gulf,
and based on the above, the member states hereby agree to the following charter:
Definitions
Article 1
Council: The Cooperation Council for the Arab States of the Gulf.
Supreme council: The Supreme Council of the Cooperation Council for the Arab States of the Gulf.
Ministerial council: The Ministerial Council of the Cooperation Council for the Arab States of the Gulf.
Member states: The States of the Cooperation Council for the Arab States of the Gulf.
State: A Member State of the Cooperation Council for the Arab States of the Gulf.
Charter: The Charter for the Preservation and Development of Architectural Heritage in the States of the Cooperation Council for the Arab States of the Gulf.
Architectural heritage: Everything that man has built, including cities, villages, neighborhoods, buildings, and gardens, that hold archaeological, religious, artistic, architectural, urban, economic, historical, scientific, cultural, or functional value. These are identified and classified according to the following:
1․ Heritage buildings, including buildings of historical, archaeological, artistic, scientific, and social importance, including elements of movable architectural heritage such as doors, windows, decorations, furniture, and others as well as the environment associated with them.
2․ Areas of architectural and natural heritage, including cities, villages, neighborhoods, and natural sites of historical, archaeological, artistic, scientific, and social importance, with all their components, including the urban fabric, public squares, roads, alleys, infrastructure, heritage buildings linked to the natural environment, and others.
3․ Intangible heritage related to architectural heritage, including traditional crafts and local activities, events, customs, and traditions.
Gulf architectural heritage: All architectural heritage that reflects the characteristics of the Gulf urban civilization or represents a product of one of the many historical periods that the member states have gone through and which has been inherited by generations over the ages, and it constitutes a heritage for all of the people of the nations of the Gulf.
Objectives
Article 2
1․ Preserving the cultural and architectural identity of the architectural heritage assets of the member states.
2․ Working on studying heritage in order to invest in reinforcing the local architectural identity and supporting the pillars of sustainable economic development.
3․ Calling for developing laws and issuing contemporary legislation to protect, develop, and preserve the Gulf heritage.
4․ Integrating the preservation of architectural heritage into national development policies in general and into the policies of member states in particular.
5․ Unifying the concepts for dealing with architectural heritage in terms of vision, laws, and implementation mechanisms, taking into account the characteristics of the laws of the various member states and the elements of their convergence, so that the charter achieves the attainable levels that align the policies for dealing with architectural heritage.
6․ Supporting the preservation of the national cultural characteristics of the member states while highlighting the shared Arab and Islamic heritage.
7․ Establishing and supporting training centers at the national level and the level of member states to protect the Gulf architectural heritage and encourage scientific research in this field.
8․ Supporting cooperation between member states in the field of architectural heritage, and their cooperation with their international surroundings within the framework of common interests at the global level.
9․ Supporting cooperation between member states and Arab, Islamic, and international institutions specializing in architectural heritage.
Architectural Heritage National Register
Article 3
The state, in accordance with its established procedures, shall establish a register of its architectural heritage specifying the buildings, areas, and sites of architectural heritage that must be protected, preserved, studied, and documented, while taking the necessary measures to provide urgent documentation whenever emergency circumstances require it. A guide must be developed for the mechanism for registering architectural heritage sites.
The architectural heritage is classified in the register into:
1․ Class I (A)—high value that member states shall preserve.
2․ Class II (B)—medium value that states shall preserve and protect with the participation of government and private entities.
3. Class III (C)—the state shall raise awareness and incentivize citizens and civil society to protect and preserve it.
Laws for the Preservation of Architectural Heritage
Article 4
The state, in accordance with its applicable procedures, shall carry out the following:
1․ Establishing an institutional framework concerned with preserving and developing architectural heritage.
2․ Establishing a law to protect architectural heritage, which includes controls to protect architectural buildings, areas, and sites, and incentives to encourage citizens to contribute to preserving architectural heritage.
Article 5
The state, in accordance with the provisions of article 4 of this charter, shall establish implementation regulations and procedures that include the following:
1․ Monitoring and issuing licenses related to the protection and development of architectural heritage and following up on their implementation.
2․ Aligning by law the projects to demolish or change buildings, construct new buildings, or change the general appearance of protected architectural heritage sites or their protection area with the protection laws, and adhering to the opinion of the authority responsible for following up the architectural heritage protection law.
3․ Following up on the protection of privately owned architectural heritage and tasking and incentivizing the owners of protected heritage to maintain or preserve it.
4․ Expropriating protected architectural heritage in cases where its protection is impossible without it.
Article 6
In accordance with the provisions of article 4 of this charter, the state shall not move a fully or partially protected building unless the necessity of protecting it requires it. In this case, the authorities responsible for following up on the law shall take the necessary measures and precautions to ensure the safety of the building and shall reconstruct it in an appropriate manner.
Article 7
The state, in accordance with the provisions of article 4, shall carry out the following:
1․ Providing governmental financial support for the protection, restoration, and operation of the architectural heritage located on its land, in accordance with the competences of national and local entities and within the limits of the available financial capabilities and the regulating legislation.
2․ Utilizing public fees from relevant entities to support the preservation and development of architectural heritage.
3․ Encouraging private sector initiatives aimed at protecting, maintaining, and restoring architectural heritage.
Article 8
The state, in accordance with its established procedures, shall work to improve the architectural environment of architectural heritage sites including cities, villages, neighborhoods, and others.
Article 9
The state, in accordance with its applicable procedures, shall work to develop appropriate executive regulations and procedures to prevent the violation of laws of the protection of architectural heritage.
Architectural Heritage Conservation Policies
Article 10
The state, in accordance with its applicable procedures, shall develop and adopt comprehensive policies to protect architectural heritage as follows:
1․ Making the protection of architectural heritage an integral part of urban planning and taking its requirements into consideration throughout the stages of developing strategies, planning, and issuing building, demolition, and repair licenses.
2․ Protecting architectural heritage through integrated programmes that include restoration, adaptive reuse, cultural revitalisation, and economic and social development projects.
3․ Planning for disaster management and emergency situations that may threaten the safety of architectural heritage sites.
4․ Enhancing the value of unregistered or unclassified architectural heritage through appropriate use that enables it to contribute to creating a suitable environment within architectural heritage areas and sites.
5․ Encouraging the use and development of traditional techniques in construction and furnishing and the use of traditional materials as a component of preserving and protecting architectural heritage.
6․ Restricting the decision to demolish or remove a building of heritage value to a higher entity that holds the final decision in this matter.
7․ Taking the necessary measures for the protection and safety of architectural heritage sites against natural and human-made hazards.
8․ Developing a comprehensive conservation plan for architectural heritage sites that specifies the levels of intervention and the mechanism for dealing with architectural heritage elements.
Article 11
The state, in accordance with its applicable procedures, shall rehabilitate or adapt protected heritage buildings to contribute to meeting the needs of contemporary life, taking into consideration the necessity of selecting an appropriate function for the building, and the limits of permitted alteration to meet the requirements of the function and in a manner that achieves the principle of sustainability.
Article 12
The state, in accordance with its applicable procedures, shall encourage scientific research in related fields such as:
1․ Diagnosing and identifying the factors of deterioration of buildings and architectural heritage sites and proposing appropriate solutions to address them.
2․ Rehabilitating and developing architectural heritage sites.
3․ Economic development of architectural heritage sites.
4․ Developing traditional crafts associated with architectural heritage.
5․ Encouraging cultural tourism in architectural heritage sites as a source of income for the state without affecting heritage values.
6․ Studying the provisions of heritage awqaf and benefiting from them in preserving architectural heritage.
Investment in Architectural Heritage Sites
Article 13
Member states shall encourage investment in the development of architectural heritage sites as a method for preserving them, their identity, and their authenticity through the following:
1․ Preparing lists of architectural heritage sites eligible for investment.
2․ Encouraging financing policies and providing investment incentives.
3․ Encouraging owners and the private sector to invest in architectural heritage sites.
4․ Activating development and investment programmes and employing architectural heritage sites in a manner that aligns with their authenticity and identity.
Non-Governmental Participation
Article 14
The state, in accordance with its applicable procedures, shall provide the necessary support for non-governmental efforts to preserve architectural heritage through the following:
1․ Establishing laws, regulations, and guidelines that ensure the cooperation of government sectors, local communities, non-governmental sectors, associations, and individuals in planning and implementing programs for the preservation and development of architectural heritage.
2․ Establishing laws and regulations that ensure the development and support of private sector contributions to preserving and developing architectural heritage.
Awareness
Article 15
The state shall carry out the following:
1․ Raising community awareness of the importance of architectural heritage as a component of the Gulf cultural heritage, an element of Arab and Islamic identity, a gateway to global belonging, a source of creativity for contemporary societies and future generations, and a key factor in development.
2․ Developing policies to raise awareness of the importance of architectural heritage and its integration with various components of cultural heritage targeting:
(a) All those concerned with architectural heritage, including residents, workers, operators, and visitors.
(b) Different levels of education in the member states.
(c) Different levels of decision-makers in member states.
Training and Capacity Building
Article 16
Member states shall encourage training in various professions that contribute to the preservation and development of architectural heritage.
Article 17
Member states shall adopt programs to build human capacity through training courses and study programs to teach the foundations and concepts of architectural heritage and the methods of preserving and maintaining it within the stages of vocational, technical, and university education in states of the council, and each state must benefit from the expertise of the member states and international training centers particularly those within states of the council.
Coordination Between Member States
Article 18
Member states shall exchange information and expertise regarding the following:
1․ Developing methods for documenting, protecting, restoring, and developing architectural heritage.
2․ Developing and promoting traditional and modern techniques in the field of documenting, protecting, restoring, and developing architectural heritage.
3․ Encouraging creativity in the field of documenting, protecting, restoring, and developing architectural heritage.
4․ Contributing to the development of knowledge related to the preservation and development of architectural heritage at the Arab, Islamic, and international levels.
5․ Enhancing cooperation in registering transboundary architectural heritage sites on the UNESCO World Heritage List through a mechanism agreed upon by the member states concerned with the site nominated for registration.
Article 19
Member states shall carry out the following:
1․ Activating Gulf institutions concerned with architectural heritage and coordinating among them in international forums.
2․ Promoting pioneering Gulf experiences at the Arab and international levels.
3․ Benefiting from international institutions in learning about methods and techniques for treating architectural heritage on one hand, and promoting Gulf architectural heritage and the methods for treating it in member states on the other hand.
The Architectural Heritage Register of the States of the Council
Article 20
An electronic database for the Gulf Architectural Heritage Register must be created on the website of the general secretariat of the council to include buildings and architectural heritage sites classified according to standards agreed upon by the member states.
Article 21
Member states shall determine the architectural heritage to be included in the Gulf Architectural Heritage Register.
Article 22
The registration of the Gulf architectural heritage does not confer any political implication to its legal status.
Article 23
Special attention must be given to architectural heritage sites that are at risk and prioritizing them for protection and development.
Article 24
Member states hereby acknowledge that the responsibility for preserving the Gulf architectural heritage rests primarily with the state that owns the architectural heritage, and the rest of the member states are requested to provide assistance if necessary.
Article 25
All member states of the charter commit to working towards assisting to preserve and develop the architectural heritage included in the Gulf Architectural Heritage Register.
Article 26
Individuals and institutions must be provided with access to the Gulf Architectural Heritage Register database.
Article 27
Any state may withdraw any architectural heritage site from its register and give notice of this to the undersecretaries responsible for antiquities and museums in the states of the council. The undersecretaries may also include any architectural heritage on the danger list and then delete it if the state does not comply with the standards of the register.
Article 28
It is permitted to amend the charter by the consent of the member states.
Article 29
This charter must be approved by the supreme council.
Published in Umm Al-Qura 5062 issued on 27 December 2024.
Categories
The Gulf Tourism Strategy
With the help of Allah the Almighty,
We, Salman bin Abdulaziz Al-Saud,
the King of the Kingdom of Saudi Arabia,
based on article 70 of the Basic Law of Governance issued by Royal Order O/90 dated 27 Sha’ban 1412 [1 March 1992],
based on article 20 of the Law of the Council of Ministers issued by Royal Order O/13 dated
3 Rabi Al-Awwal 1414 [20 August 1993],
based on article 18 of the Law of the Shura Council issued by Royal Order O/91 dated
27 Sha’ban 1412 [1 March 1992],
after perusal of Shura Council Decision 300/28 dated 28 Shawwal 1445 [7 May 2024],
and after perusal of Council of Ministers Decision 202 dated 30 Safar 1446 [3 September 2024],
have decreed as follows
First
The Measurement and Calibration Law is hereby approved in the form attached.
Second
The application of the provisions of the law—referred to in clause First of this decision—must not prejudice the competences of the Ministry of Energy related to measurement and calibration operations stipulated in the Hydrocarbons Law issued by Royal Decree D/37 dated 2 Rabi Al-Thani 1439 [20 December 2017], nor the rights of the Saudi Arabian Oil Company (Saudi Aramco) stipulated in the Concession Agreement between the Government of the Kingdom of Saudi Arabia and the Saudi Arabian Oil Company (Saudi Aramco) approved by Royal Decree D/38 dated 6 Rabi Al-Thani 1439 [24 December 2017].
Third
His Royal Highness the Prime Minister, the ministers, and the heads of independent concerned authorities—each within their area of competence—shall implement this decree of Ours.
Salman bin Abdulaziz Al-Saud
Issued on: 6 Rabi Al-Awwal 1446
Corresponding to: 10 September 2024
Published in Umm Al-Qura 5048 issued on 20 September 2024.
Issued by Royal Decree D/79 Approving the Measurement and Calibration Law
The following words and phrases—wherever they appear in this law—have the meanings assigned to each of them, unless the context requires otherwise:
Law: The Measurement and Calibration Law.
Organization: The Saudi Standards, Metrology and Quality Organization.
Board: The board of directors of the organization.
Governor: The governor of the organization.
Regulation: The executive regulation of the law.
Center: The National Center for Measurement and Calibration.
Technical documents: The documents issued by the council or whoever it authorizes, clarifying the characteristics of measurement instruments, the operations associated with them and the methods of their manufacture, including provisions that include, in particular, the terms, definitions, requirements, specifications, conditions and recommendations regulating metrology and the costs that must be adhered to.
Measurement: A set of operations performed to find the value of a quantity.
Calibration: A set of operations and procedures that determine the value of a measure in specific circumstances, and the goal of which is to determine its true value by obtaining the most accurate value of the measure that can approach the true value with the available tools and capabilities, coupled with uncertainty to give the measurement result.
Calibration certificate: A document recording the results of a calibration.
International System of Units (SI Units): A system of measuring quantities, their names, and symbols, including a set of prefixes, their names, and symbols, along with rules for their use, adopted by the General Conference on Weights and Measures (CGPM).
Metrology: Metrology, including scientific, industrial and legal metrology.
Scientific metrology: The part of metrology relating to units of measurement and primary standards, and the laboratories concerned with their embodiment, preservation and development.
Industrial metrology: The part of metrology concerned with metrological activities in the field of industrial and technical production.
Legal metrology: The part of metrology that deals with units of measurement, measurement instruments, and their technical and legal requirements.
Metrological supervision: Activities carried out to ensure that the manufacture, import, sale, display, maintenance, installation, and use of measurement instruments meet, and that pre-packaged products comply with, the mandatory requirements stipulated in the law, regulations, and technical documents.
Metrological attribution: A property of a measurement result such that the result can be linked to a reference through a documented and continuous series of calibrations and comparisons, each of which contributes to the uncertainty of the measurement.
Uncertainty: One of the main metrological concepts for those working in the field of measurement and calibration, it is an integer that accompanies the true value of the measurement, so that it gives a range (area) on both sides of this value.
National standards: Standards issued by a decision by the organization as a basis for fixing the value of all other standards for a specific quantity in a country, and are based on or equivalent to international standards.
International standards: Internationally recognized standards that are used internationally as a basis for establishing the value of all other standards in relation to the International System of Units (SI Units).
Benchmarks: Standards that meet the highest levels of metrological quality in a given location.
User: Every establishment that owns or uses measurement instruments.
Manufacturer: Every establishment that manufactures a pre-packaged product or measurement instrument, or assigns its manufacture to another establishment, and then markets it under its own name or trademark.
Authorized representative: Every establishment established in the Kingdom with an authorization from a manufacturer residing outside the Kingdom to act on its behalf in accordance with the applicable legal procedures.
Importer: Every establishment that imports a pre-packaged product or measurement instrument from outside the Kingdom.
Distributor: Every establishment in the supply chain—other than the manufacturer and importer—offering pre-packaged products or measurement tools to the market.
Economic operator: The manufacturer, authorized representative, importer, and distributor.
Licensees: An establishment licensed by the organization for metrological supervision activities.
Appointed parties: Public or private entities entrusted with the task of preserving and developing some national standards.
Pre-packaged products: A product contained in a box or packaged in any way, such that it cannot be changed or tangibly modified without opening it, and the nominal or actual quantity of the product is specified on the information card before it is offered for sale.
Measurement tool: A device used to make quantitative measurements, either alone or in conjunction with other equipment.
Article 2
The law aims to achieve the following:
1․ Strengthening the institutional framework for measurement in the Kingdom.
2․ Imposing the use of measurement units compatible with the International System of Units (SI).
3․ Ensuring the metrological attribution of all measurement instruments in the Kingdom to the International System of Units (SI Units).
4․ Directing and supporting research and development activities in the field of metrology.
5․ Facilitating the trade exchange of goods between the Kingdom and the countries of the world with regard to measurement and calibration.
Article 3
The provisions of this law apply to all measurement and calibration operations carried out in the Kingdom, including those related to pre-packaged products that are sold, manufactured, used or displayed regardless of their origin, whether local or imported.
Article 4
It is not permitted for any entity to practice any metrological supervision activities except after obtaining a license from the organization.
Article 5
The economic operator and the user shall ensure that the measurement instrument or pre-packaged products in the Kingdom are in compliance with the mandatory requirements stipulated in the law, regulations and technical documents.
Article 6
To achieve metrological attribution for the calibration of measurement instruments, measurement and calibration laboratories shall meet the following requirements:
1․ The national standards must obtain a calibration certificate or an international comparison report issued by the International Bureau of Weights and Measures (BIPM), or by any calibration center (institute) recognized by the International Bureau of Weights and Measures (BIPM), to confirm the attribution to international standards.
2․ The calibration certificate or international comparison report for national standards kept by the center or the designated authorities must be valid, include the uncertainty in the values, and be based on the International System of Units (SI Units).
3․ That the reference standards of the center and the designated authorities be calibrated within their laboratories, and that the uncertainty in the values accompanies them to confirm the attribution to the national standards.
4․ Calibration certificates for reference standards of measurement and calibration laboratories must include uncertainty in values, and must be based on national standards.
5․ The measurement instrument must be calibrated in the measurement and calibration laboratories, and the calibration certificates must include the uncertainty in the values, and be based on national standards.
6․ Obtaining accreditation from the Saudi Accreditation Center, to confirm its compliance with national standards.
Article 7
1․ The International System of Units (SI Units) is the basis for the units of measurement referred to in all measurements in the Kingdom. These units are based on the following base units:
(a) Unit of length: Meter.
(b) Unit of mass: Kilogram.
(c) Unit of time: Second.
(d) Unit of temperature: Kelvin.
(e) Unit of electric current intensity: Ampere.
(f) Unit of the amount of substance: Mole.
(g) Unit of luminous intensity: Candela.
2․ The council may—based on the recommendation of a technical committee formed for this purpose—approve the request of public or private entities to apply units of measurement other than the units stipulated in paragraph 1 of this article, in accordance with the terms and controls specified in the regulations and technical documents.
Article 8
Metrological supervision activities include:
1․ Model approval.
2․ Preliminary verification.
3․ Periodic verification.
4․ Post maintenance verification.
5․ Self-verification.
6․ Auditing and supervising the work of licensees.
7․ Auditing and supervising the user and the economic operator.
Article 9
The authority may assign metrological supervision activities or part of them to licensees.
Article 10
Inspectors—appointed by the board—jointly or individually, shall police and record violations of the provisions of the law, regulations, and technical documents. For that purpose, they have the following:
1․ Entering and inspecting—at any time—the facilities of licensees, the economic operator, the user, and any related warehouses, storage areas, means of transportation, and others.
2․ Issuing reports to record violations.
3․ Hearing the statements of the violator, policing them, and reporting them in a report.
4․ Closing the place where the violation occurred—in necessary cases that require this based as specified in the regulations—until the policing procedures are completed, provided that the closure period does not exceed five working days in all cases.
5․ Seizing the measuring instrument and pre-packaged products that violate—or are suspected of violating—the provisions of the law, regulation, or technical documents, and, the documents related to it.
6․ Taking samples of measuring instruments and pre-packaged products that violate—or are suspected of violating—the provisions of the law, regulations, and technical documents.
7․ Reviewing all the documents, records, files, complaints, invoices, and other documents related to the violation, and obtaining copies of them. It is not permitted—under any circumstances—to withhold any of these documents from them.
Article 11
The inspector shall display his official card when performing inspection and policing work, and the licensees, the economic operator, and the user shall enable him to perform his work and not obstruct him.
Article 12
Financial rewards must be granted by a decision by the board, based on a proposal from the governor to the inspectors stipulated in article 10 of the law.
Article 13
1․ The inspector shall maintain the confidentiality of the information he obtains by virtue of his work.
2․ Maintaining the confidentiality of information does not prevent the competent authorities from disclosing the information necessary to ensure effective market monitoring or to prevent a risk that threatens the safety of the consumer, property, and the environment.
Article 14
1․ Without prejudice to any more severe punishment stipulated by another law, anyone who violates the provisions of the law, regulations, or technical documents must be punished with one (or more) of the following penalties:
(a) Warning.
(b) A fine not exceeding ten million Riyals.
(c) Closing the facility for a period not exceeding one year.
(d) Suspension of the license for a period not exceeding one year.
(h) Cancelation of the license.
2․ The committee—stipulated in article 15 of the law—may include in the punishment decision a provision to publish a summary of it at the expense of the violator in a local newspaper issued in his place of residence, and if there is no newspaper in his place of residence, then in the area closest to him, or to publish it in any other appropriate means, according to the type of violation committed, its seriousness and its impact, provided that it is published after the decision has been fortified by the expiry of the period for filing a complaint against it or by its confirmation by the competent court.
3․ The governor—or his representative—shall impose a punishment not exceeding ten thousand Riyals on anyone who violates the provisions of the law, regulations, or technical documents, based on the recommendation of the inspector.
4․ The board shall issue a schedule that includes the following:
(a) Classification of violations and the corresponding punishment stipulated in paragraph 1 of this article, their amount, and duration, taking into account the progression of the punishment.
(b) Classification of violations and the corresponding punishment stipulated in paragraph 3 of this article, their amount, and duration, taking into account the progression of the punishment.
It is permitted to double the punishment imposed on the violator in accordance with paragraph 1(b) and (c) of this article, if the violation is repeated, provided it does not exceed its maximum limit. The violation is considered repeated if it occurs within one year from the date of committing the previous violation.
Article 15
1․ One or more committees must be formed—by a decision by the board—of five members, including at least three legal advisors, one of whom must be its chairman.
2․ The committee shall undertake the following:
(a) Imposing corrective measures against the licensees, the economic operator, and the user as specified in the regulation and technical documents.
(b) Applying the punishments stipulated in article 14(1) of the law.
(c) The committee shall issue its decisions in accordance with the rules and procedures specified in the regulation. The person against whom the decision is issued may appeal it before the Administrative Court within sixty days from the date of his knowledge of the decision.
4․ The remuneration of the committee members must be determined by a decision of the board.
Article 16
The board shall issue the regulation and technical documents within ninety days from the date of publication of the law in the official gazette, and it becomes effective from the date of its entry into force.
Article 17
The law replaces the Measurement and Calibration Law issued by Royal Decree D/51 dated 13 Dhu Al-Qa’dah 1434 [18 September 2013], and repeals all provisions conflicting with it.
Article 18
The law becomes effective after ninety days from the date of its publication in the official gazette.
Published in Umm Al-Qura 5048 issued on 20 September 2024.
