Categories
Laws and Regulations

Rules Governing the Professional Certificates of the Saudi Authority for Accredited Valuers

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Issued by …


Published in Umm Al-Qura 5040 issued on 26 July 2024.

Categories
Ministerial Decision

Zakat, Tax and Customs Authority: Decision 687-99-1445 Implementing Phase Thirteen of Linking Electronic Invoicing Systems

Arabic

The Governor of the Zakat, Tax, and Customs Authority,

based on the powers entrusted to him by law,

after perusal of the Electronic Invoicing Regulation issued by the board of directors of the authority Decision 2-6-20 dated 4 Rabi Al-Thani 1442 [19 November 2020],  based on article 6(a) of the aforementioned regulation,   and after perusal of Administrative Decision 19821 dated 15 Shawwal 1442 [27 May 2021], and its amendments, which includes the approval of the controls, requirements, technical specifications, and procedural rules necessary to implement the provisions of the Electronic Invoicing Regulation,

hereby decides

First

Taking into account the provisions of the commitment decisions to link the electronic invoicing systems previously issued by the authority, all persons subject to the electronic invoicing regulation whose annual revenues subject to value added tax for the year 2022 or for the year 2023 exceed 7,000,000 (seven million) Riyals shall commit to linking their electronic invoicing systems, sending electronic invoices and electronic notices, and sharing their data with the authority—the tenth stage of linking electronic invoicing systems with the systems of the authority—as of 1 January 2025, and until the latest of 31 March 2025.

Second

The authority shall notify persons who meet the criteria stipulated in this decision using the means of communication approved by the authority within the specified period.

Third

This decision must be communicated to those required to implement it, and comes into force on the date of its publication in the official gazette.

May Allah provide success.

Governor
Suhail bin Mohammed Abanmi

Issued on: 6 Dhu Al-Hijja 1445
Corresponding to: 12 June 2024

Published in Umm Al-Qura 5036 issued on 28 June 2024.

Categories
Royal Decree

Royal Decree D/272 Approving the Amendment of the Finance Companies Control Law

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Issued on: 4 Dhu Al-Hijja 1445
Corresponding to: 10 June 2024

Published in Umm Al-Qura 5036 issued on 28 June 2024.

Categories
Ministerial Decision

Saudi Authority for Intellectual Property: Decision 45381 The Controls for Registering the Name of Makkah Al-Mukarramah, Al-Madinah Al-Munawwarah, the Two Holy Mosques, or the Like in the Kingdom as Trademarks

Arabic

The Board of Directors of the Saudi Authority for Intellectual Property,

based on the powers entrusted to them by law,

based on article 5 of the System of the Saudi Authority for Intellectual Property  approved by Council of Ministers Decision 496 of 14 Ramadan 1439 [30 May 2018], as amended by Council of Ministers Decision 621 of 20 Shawwal 1442 [1 June 2021],

after perusal of article 2 of the Law of Trademarks issued by Royal Decree D/21 dated 28 Jumada Al-Awwal 1423 [7 August 2002],

after perusal of article 3 of the Trademarks Law of the Gulf Cooperation Council States approved by Royal Decree D/51 dated 26 Rajab 1435 [26 May 2014], and its amendments,

after perusal of the Board of Directors Executive Committee Recommendation 05/02/2024 dated 5 Dhu Al-Qa’dah 1445 [13 May 2024],

and after perusal of the relevant orders and decisions,

and in pursuance of public interest,

hereby decides

First

The application for registering the trademark that includes the name of Makkah Al-Mukarramah or the name of Al-Madinah Al-Munawwarah, the Two Holy Mosques, the Two Mosques, the Holy Mosque, or the like, whether in Arabic or any other language, are subject to the following controls:

1. That the trademark is associated with a large, qualitative, and distinctive real estate or service project in the two areas.

2. That the name referred to in First is one of the components of the trademark and not the essential element in it.

3. That the use of the name referred to in First in the trademark does not cause confusion with regard to the source or origin of the goods or services.

Second

These controls apply to applications for the transfer of ownership of the trademark—registered in accordance with these controls—or any other legal acts.

Third

The owner of the trademark registered on the basis of these controls shall, when using it, refrain from harming or distorting the image or reputation of the geographical area whose name is used in the trademark.

Fourth

The registration of the trademark on the basis of these controls does not grant an exclusive right to the owner of the trademark in the name used in it, and does not entitle him to prevent others from using this name.

Fifth

The certification mark or collective mark whose registration is requested may be registered as a geographical indication.

Sixth

These controls apply to applications for the registration of trademarks that have not been decided upon before the issuance of the controls.

Seventh

The chief executive officer of the authority shall issue the necessary decisions to implement these controls.

Eighth

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

May Allah provide success.

Advisor in the Royal Court
Chairman of the Board of Directors
Al-Shihana bint Saleh Al-Azzaz

Issued on: 29 Dhu Al-Qa’dah 1445
Corresponding to: 6 June 2024

Published in Umm Al-Qura 5038 issued on 13 July 2024.

Categories
Ministerial Decision

Ministry of Finance: Decision 1352 regarding the Initiative to Cancel Fines and Pardon Financial Punishments for Payers

Arabic

The Minister of Finance,

based on the powers entrusted to him by law,

based on Royal Order 60699 dated 26 Ramadan 1443 [28 April 2022], regarding the approval to re-launch the initiative to “Cancel Fines and Pardon Financial Punishments for Payers”, and authorize me to determine the standards, controls, and procedures for their application, and 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 to “Cancel Fines and Pardon Financial Punishments for Payers” issued by Ministerial Decision 799 dated 7 Jumada Al-Thani 1445 [20 December 2023] is hereby extended starting from 1 July 2024 for a period of six months.

Second

The 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 declarations 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

The payer is exempted from the late payment fine and the delay in submitting the declaration stipulated in all tax laws, and the fine for correcting the declaration stipulated in the Value Added Tax Law associated with a tax declaration due to be submitted to the authority before 1 July 2024, whether the fine arises as a result of an action taken by the payer or the result of a linkage or revaluation conducted by the Zakat, Tax, and Customs Authority, provided that the payer pays the full principal of the due tax debt relating to the declaration 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

The payer is exempted from the unpaid financial fines stipulated in the Value Added Tax Law article 45, which was signed before 1 July 2024, provided that the payer submits all the declarations 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 instalment within the period from 1 June 2022 until the end of this initiative, with the payer adhering to the instalment plan approved by the Zakat, Tax, and Customs Authority.

Fifth

The 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 July 2024.

Sixth

The exemption from the late payment fines referred to in clause Third of this decision, includes the late payment fines associated with the tax asset included in the instalment plan approved by the Zakat, Tax, and Customs Authority, the date of payment of which falls after the end of the period of this initiative. In the event that the payer fails to comply with the instalment plan approved by the authority during or after the end of the period of this initiative, he will be subject to a late payment fine associated with the unpaid tax asset.

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 must be communicated to those who are required to implement it and act on it.

May Allah provide success.

Mohammed bin Abdullah Al-Jadaan
Minister of Finance

Issued on: 28 Dhu Al-Qa’dah 1445
Corresponding to: 5 June 2024

Published in Umm Al-Qura 5037 issued on 5 July 2024.

Categories
Council of Ministers Decision

Council of Ministers: Decision 1016 Approving the Amendment of the Finance Companies Control Law

Arabic

The Council of Ministers,

after perusal,  in its session held under the chairmanship of the Custodian of the Two Holy Mosques,  King Salman bin Abdulaziz Al-Saud,  of Royal Court File 69422 dated 24 Ramadan 1445 [3 April 2024],  which includes the Saudi Central Bank Letter 44045330 dated 5 Jumada Al-Thani 1444 [29 December 2022] regarding the amendment of the Law on the Oversight of Financing Companies issued by Royal Decree D/51 dated 13 Sha’ban 1433 [3 July 2012],

after perusal of the Law on the Oversight of Financing Companies issued by Royal Decree D/51 dated 13 Sha’ban 1433 [3 July 2012],

after perusal of the Bureau of Experts at the Council of Ministers Memorandum 2170 dated 15 Rajab 1444 [6 February 2023],  Memorandum 1243 dated 14 Rabi Al-Thani 1445 [29 October 2023],  Memorandum 2595 dated 18 Rajab 1445 [29 January 2024],  Memorandum 3629 dated 19 Shawwal 1445 [28 April 2024],  and Minutes 338 dated 22 Dhu Al-Qa’dah 1444 [11 June 2023],

after perusal of the Council of Economic and Development Affairs Recommendation 2-7/45/R dated 29 Jumada Al-Awwal 1445 [12 December 2023],

after consideration of Shura Council Decision 255/24 dated 16 Ramadan 1445 [26 March 2024],

and after perusal of the General Committee of the Council of Ministers Recommendation 11405 dated 4 Dhu Al-Qa’dah 1445 [12 May 2024],

hereby decides

The amendment to the Law on the Oversight of Financing Companies issued by Royal Decree D/51 dated 13 Sha’ban 1433 [3 July 2012] is hereby approved as follows:

1․ The definition of “Financing company” provided in article 1 of the law is hereby amended to have the following text:

Financing company: A company holding a license to practice the activity of financing.

2․ A paragraph numbered 5 is hereby added to article 5(First) of the law with the following text:

That the company takes the form of a joint-stock company, and the bank may license a form other than a joint-stock company if it determines that the proposed business model or the nature of the activity requires this, provided that this does not prejudice the integrity of the financial system and the fairness of transactions.

The sequence of the current paragraph 5 is hereby amended to be paragraph 6.

3․ Article 11(1) and (2) of the law are hereby amended to have the following text:

1․ Practicing an activity other than financing except after obtaining the approval of the bank.

2․ Acquiring an establishment that practices an activity other than financing, whether directly or indirectly, except after obtaining the approval of the bank.

4․ Article 12(1)(d) of the law is hereby amended to have the following text:

That it finances or grants facilities to persons or establishments, if one of the members of the board of directors of the financing company, one of its managers, members of the executive board or their equivalent—as the case may be—or one of its external account auditors, is a guarantor to obtain the financing or facilities.

5․ Article 12(2) of the law is hereby amended to have the following text:

Without prejudice to a public and private right prescribed by the laws, every member of the board of directors of the financing company, every manager of the financing company, every member of its executive board or their equivalent—as the case may be—and every external accounts auditor of a financing company, who obtained financing in violation of any of the provisions provided in paragraphs 1(b), 1(c), or 1(d) of this article, must be deemed as dismissed as specified by the regulation.

6․ The opening of article 16 of the law and paragraphs 1 and 2 of it are hereby amended to have the following text:

The following must be met to be a member of the board of directors of a financing company, to be a manager, or to be a member of its executive board or their equivalent, as the case may be:

1․ That he is not a member of the board of directors of another financing company practicing the same activity, one of its managers, or a member of its executive board or their equivalent, as the case may be.

2․ That he does not simultaneously hold employment in overseeing financing companies or auditing their accounts and membership in the board of directors of the financing company, or that he is one of its managers, or a member of its executive board or their equivalent, as the case may be.

7․ Article 17 of the law is hereby amended to have the following text:

Each of the board of directors of the financing company, its managers, members of its executive board or their equivalent—as the case may be—its general manager, senior executives, and branch managers are responsible—each within the limits of their mandate—for violations by the company of the provisions of the law or its regulation.

8․ Article 18 of the law is hereby amended to have the following text:

Without prejudice to article 12(1)(a) of the law, members of the board of directors of the financing company, its managers, and members of its executive board or their equivalent—as the case may be—are jointly liable for guaranteeing the rights of the company against losses resulting from the provision of financing without guarantee.

9․ Article 19 of the law is hereby amended to have the following text:

Each joint-stock financing company must have an audit committee composed of members who are not executive members of the board of directors. A decision regarding its tasks, the rules for selecting its members, the term of their membership, and its work procedures must be issued by the general meeting of the company based on a proposal from the board of directors.

10․ Article 20 of the law is hereby amended to have the following text:

The chairman and members of the board of directors of a financing company, its managers, members of the executive board or their equivalent—as the case may be—and the employees of the company shall, when making any finance financing contract in regard to which they have the authority to take a decision, disclose in writing the following:

1․ Any relationship any of them has to the contract.

2․ Any relationship of their relatives to the second degree has to the contract.

3․ Any financial interest they have with anyone related to the contract.

The harmed party may, in the event of non-disclosure, file a lawsuit before the competent court requesting the annulment of the contract.

11․ The title of chapter 5 of the law “Supervising Financing Companies” is hereby amended to “Supervision”.

12․ Article 21 of the law is hereby amended to have the following text:

Subject to article 10(2) of the law, the bank shall supervise the work of financing companies, establishments that carry out support activities to the activity of financing, and contract registration companies licensed under the provisions of the Finance Lease Law, and it shall exercise its powers in accordance with the provisions of the law and its regulation.

13․ Article 29 of the law is hereby amended to have the following text:

If a financing company, an establishment that practices support activities to the activity of financing, or a contract registration company commits violations relating to professional misconduct or transactions that expose its shareholders, partners, or creditors to danger, or if the debts of a company or an establishment exceed its assets, the bank shall, by a written decision—in proportion to the scale of the violation—take one or more of the following measures towards the company or establishment:

1․ Warning it.

2․ Requiring it to submit an appropriate program that clarifies the measures it will take to remove the violation and rectify the situation.

3․ Compelling it to suspend some of its operations, or preventing it from distributing profits.

4․ Imposing the fine stipulated in article 34 of the law, as the case may be.

5․ Compelling it to temporarily suspend the violating person—who is not a member of its board of directors, managers, or members of its executive board or their equivalent, as the case may be—from work, or compelling it to dismiss him according to the gravity of the violation.

6․ Temporarily suspending the chairman of its board of directors, any of its members, managers, or members of the executive board or their equivalent, as the case may be.

7․ Appointing one or more advisors to advise it in the management of its business at its expense.

8․ Suspending the authority of its board of directors, managers, or members of its management board or their equivalent—as the case may be—and appointing a manager at the expense of the company to manage its business until the reasons for this cease to exist, at the discretion of the bank.

If the bank considers that the violation requires the cancellation of the licence or the liquidation of the company or establishment, it may file a lawsuit before the competent court. The bank may, in the cases it deems appropriate, suspend the licence until the lawsuit is decided.

14․ Article 36bis is hereby added with the following text:

The bank may exempt one or more financing companies from the scope of application of some of the provisions of chapters 3, 4, and 5 of the law, taking into account the fairness of transactions and the integrity of the financial system.

A draft royal decree has been prepared in the form attached.

Salman bin Abdulaziz Al-Saud

Issued on: 27 Dhu Al-Qa’dah 1445
Corresponding to: 4 June 2024

Published in Umm Al-Qura 5036 issued on 28 June 2024.

Categories
Council of Ministers Decision

Council of Ministers: Decision 1012 Approving the Systems of Cultural Commissions

Arabic Auto Translate

Issued on: 27 Dhu Al-Qa’dah 1445
Corresponding to: 4 June 2024

Published in Umm Al-Qura 5036 issued on 28 June 2024.

Categories
Laws and Regulations

The System of the Literature, Publishing, and Translation Commission

Arabic

Issued by Council of Ministers: Decision 1012 Approving the Systems of Cultural Commissions

Article 1

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

Commission: The Literature, Publishing, and Translation Commission.

System: The system of the commission.

Ministry: The Ministry of Culture.

Minister: The Minister of Culture.

Board: The board of directors of the commission.

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

Literature sector: The sector concerned with those interested in literature, from the author all the way to the recipient, which aims to support the production and consumption of literary content.

Publishing sector: The sector concerned with activities relating to the publishing industry, including the preparation, production, and distribution of content—literary and non-literary—through various print, audio, or digital media, and this does not include publishing for media purposes.

Translation sector: The sector concerned with all activities and works relating to translation of all kinds, whether written, oral, or audio-visual, in all fields.

Literature, publishing, and translation sector: The literature sector, the publishing sector, and the translation sector as stipulated in this article.

Article 2

The commission enjoys public legal personality and financial and administrative independence within the limits of the system, and it is organizationally linked to the minister.

Article 3

The headquarters of the commission must be in the city of Riyadh, and it may establish branches and offices—as needed—in the Kingdom and abroad.

Article 4

The commission aims to regulate and develop the literature, publishing, and translation sector in the Kingdom, enhance its capabilities, and support and encourage practitioners in it. In order to achieve its objectives, it may exercise the following tasks and competences:

1. Proposing the strategies and policies of the literature, publishing, and translation sector within the framework of the national strategy for culture and relevant cultural strategies, and following up on their implementation after their adoption by the ministry.

2. Proposing draft laws and regulations, and their equivalent, which are required by the nature of the work of the commission; proposing to amend those in force; and submitting them to the ministry in preparation for completing the legal procedures.

3. Encouraging financing and investment in the literature, publishing, and translation sector in light of relevant cultural strategies.

4. Providing grants and incentives (recoverable and non-recoverable) in coordination with the ministry through approved initiatives, the budget of the commission, or the budget of the ministry.

5. Licensing activities relating to the field of work of the commission.

6. Proposing criteria and standards relating to the literature, publishing, and translation sector, and submitting them to the ministry for adoption.

7. Encouraging the production and development of content in the literature, publishing, and translation sector.

8. Holding and encouraging training courses in fields relating to the literature, publishing, and translation sector.

9. Adopting professional training programs and certification entities specialized in training in fields relating to the literature, publishing, and translation sector, in coordination with the relevant authorities.

10. Cooperating and coordinating with relevant entities in order to support and protect intellectual property rights in fields relating to the literature, publishing, and translation sector.

11. Preparing educational programs and providing scholarships for talented people in fields relating to the literature, publishing, and translation sector, in agreement with the ministry, in preparation for the coordination of the ministry with the relevant entities in this regard.

12. Conducting and encouraging research and studies in fields relating to the literature, publishing, and translation sector.

13. Coordinating, cooperating, and exchanging experiences with relevant entities locally and internationally on matters relating to the literature, publishing, and translation sector, in accordance with the established legal procedures.

14. Formulating plans for preserving, activating, managing, and maintaining the cultural assets of the literature, publishing, and translation sector.

15. Establishing databases for the literature, publishing, and translation sector, and collecting, documenting, updating, analyzing, processing, preserving, and archiving data and information, and publishing to the public those appropriate, in accordance with the provisions governing this.

16. Investing in fields relating to the literature, publishing, and translation sector, after the approval of the ministry.

17. Organizing and holding local and international conferences, exhibitions, events, and competitions, and participating in them, in fields relating to the literature, publishing, and translation sector, in coordination with the relevant entities, and in accordance with the established legal procedures.

18. Joining, cooperating with, and participating in regional and international federations, organizations, and bodies, and their equivalent, that relate to its objectives, in accordance with the established legal procedures.

19. Representing the Kingdom and participating in its representation before regional and international bodies, organizations, and forums that relate to its objectives, in accordance with the established legal procedures.

Article 5

The commission must have a board of directors chaired by the minister and with the membership of the following:

(a) The vice minister, as a member and deputy chairman of the board.

(b) Members whose number is not less than five and not exceeding nine with experience and competence, appointed by order of the Prime Minister based on a nomination by the minister. Their membership is for a period of three years, renewable once.

Article 6

The board shall supervise the management of the affairs of the commission and the conduct of its business, and shall take all the necessary decisions to achieve its objectives within the limits guaranteed by the system. In particular, it shall carry out the following:

1. Proposing the strategies and policies of the literature, publishing, and translation sector within the framework of the national strategy for culture and relevant cultural strategies, in preparation for their submission to the ministry for adoption.

2. Approving plans, initiatives, and programs for implementing the strategies and policies adopted for the literature, publishing, and translation sector, and following up on their implementation after their approval.

3. Proposing draft laws and regulations and their equivalent required by the nature of the work of the commission, and proposing amending those in force, in preparation for submitting them to the ministry to complete the legal procedures.

4. Approving the organisational structure and guide of the commission.

5. Approving the establishment of branches and offices of the commission.

6. Approving the internal and technical policies, procedures, and regulations necessary for conducting the affairs of the commission.

7. Determining the financial compensation for the works and services provided by the commission.

8. Proposing regulations relating to the activities of the literature, publishing, and translation sector and those connected to it, including the procedures for issuing and developing licenses, their financial compensation, and clearances, approvals, and permits in preparation for submitting them to the ministry for approval.

9. Approving the provision of grants and incentives (recoverable and non-recoverable).

10. Approving the draft annual budget of the commission, and approving its final financial reports and its annual report, in preparation for submitting them to the ministry.

11. Appointing an internal auditor for the commission.

12. Reviewing the periodic reports submitted on the progress of work in the commission and taking the necessary decisions in their regard.

13. Approving the signing of agreements, protocols, and contracts in accordance with the mechanisms and procedures adopted by the ministry and in accordance with the established legal procedures.

14. Approving joining, cooperating with, or participating in regional and international federations, organizations, and bodies, and their equivalent, that relate to its objectives, in accordance with the established legal procedures.

15. Accepting gifts, donations, grants, bequests, and endowments, in accordance with the provisions governing this.

The board may—in order to achieve its competences—form standing or temporary committees from among its members or others, to which it assigns the tasks it deems fit. The decision to form each committee must specify its chairman, members, and competences, and it may seek the assistance of whomever it deems fit to perform the tasks entrusted to it.

The board may also delegate some of its competences to its chairman, any of its members, or the employees of the commission.

Article 7

1. The meetings of the board must be held at the headquarters of the commission, and it is permitted, when necessary, to hold them in another place. It is also permitted to hold them as well as record and prove deliberations and decisions—including board decisions by circulation—remotely through electronic means.

2. The board shall hold its meetings periodically at least four times a year, and whenever the need arises as determined by the chairman of the board, or if requested by at least a third of its members.

3. The invitation to the meeting must be sent by the chairman of the board—in writing—at least seven days before the date of the meeting, and the invitation must include the agenda of the meeting.

4. The meeting of the board is valid if attended by—at least—a majority of the members, including the chairman of the board or his deputy. The decisions of the board are issued by a majority of the votes of the attending members. In the case of a tie vote, the side with which the chairman of the meeting voted prevails.

5. The deliberations and decisions of the board must be recorded in minutes and must be signed by the chairman of the meeting and the members present.

6. The board may make decisions by circulation among the members of the board. In this case, the approval of all the members of the board is required for the decision, and this decision must be presented to the board at the first subsequent meeting to be recorded in the minutes of the meeting.

7. A member of the board shall not abstain from voting or authorise another to vote on his behalf during his absence. A member who objects to any decision shall record his objection with the reasons in the minutes or the draft decision.

8. A member of the board shall not divulge any of the secrets of the commission.

9. The board may invite whomever it deems to attend its meetings to utilise their expertise or to provide clarifications without having the right to vote.

Article 8

The commission must have a chief executive officer, who must be appointed and relieved of his position by a decision by the board. The board shall determine, by a decision by it, his remuneration and financial benefits, and he shall be responsible for managing the affairs of the commission. His responsibilities must be within the limits of the system and the decisions of the board. He shall assume the following competences:

1. Supervising the preparation of the strategies of the literature, publishing, and translation sector—within the framework of the national strategy for culture and relevant cultural strategies—and the policies, plans, initiatives, and programs necessary for them, and submitting them to the board.

2. Supervising the progress of work in the commission.

3. Proposing the organisational structure and guide of the commission and submitting them to the board.

4. Proposing the internal and technical policies, procedures, and regulations necessary for conducting the affairs of the commission in preparation for submitting them to the board.

5. Supervising the preparation of the draft annual budget of the commission, its final financial reports, and its annual report, and submitting them to the board.

6. Disbursing from the approved budget of the commission and taking all financial procedures, in accordance with the provisions governing this and the powers delegated to him by the board.

7. Following up on the implementation of the decisions issued by the board.

8. Submitting proposals to the board regarding the topics that fall within the competences of the commission.

9. Supervising the preparation of reports on the implementation of the plans and programs of the commission, and presenting them to the board.

10. Signing agreements, protocols, and contracts after the approval of the board or according to the powers granted to him.

11. Representing the commission before judicial entities as well as with government entities and other entities inside the Kingdom and abroad, and he may delegate this to others.

12. Contracting with experts and consultants within the limits of the purposes of the commission, and in accordance with the provisions specified in the adopted regulations.

13. Appointing the employees of the commission in accordance with the regulations governing this, and supervising them.

14. Issuing the necessary decisions to implement the provisions of the system and the regulations issued based on it, in accordance with the powers entrusted to him.

15. Any other competences assigned to him by the board.

The chief executive officer may delegate some of his competences to the employees of the commission he deems fit.

Article 9

1. The financial resources of the commission consist of the following:

(a) Amounts allocated to the commission in the annual budget of the ministry.

(b) Financial amounts that the commission charges for the licenses as well as the works and services it provides.

(c) Gifts, donations, grants, bequests, and endowment revenue accepted by the board.

(d) Returns on the investment of the available financial resources of the commission.

(e) Any other resource approved by the board in a manner that does not violate the laws and instructions.

2. All revenues of the commission must be deposited in the current account of the Ministry of Finance in the Saudi Central Bank.

3. An account must be opened for the commission in the Saudi Central Bank, and other accounts may be opened for it in any of the banks licensed to operate in the Kingdom. Amounts must be disbursed from these accounts in accordance with the approved budget of the commission.

Article 10

The commission must have an annual budget within the budget of the ministry.

Article 11

The employees of the commission are subject to the provisions of the Labor Law and the Social Insurance Law.

Article 12

The system enters into force from the date of its approval.


Published in Umm Al-Qura 5036 issued on 28 June 2024.

Categories
Laws and Regulations

The System of the Museums Commission

Arabic

Issued by Council of Ministers: Decision 1012 Approving the Systems of Cultural Commissions

The following words and phrases—wherever they appear in this system—have the meanings assigned to each of them, unless the context requires otherwise.

Commission: The Museums Commission.

System: The system of the commission.

Ministry: The Ministry of Culture.

Minister: The Minister of Culture.

Board: The board of directors of the commission.

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

Museums sector: The sector concerned with activities relating to museums, their establishment, development, management, maintenance, and preservation of their nature, including; physical infrastructure and infrastructure, as well as activities relating to the preservation, display, context, and promotion of exhibits in museums.

Article 2

The commission enjoys public legal personality and financial and administrative independence within the limits of the system, and it is organizationally linked to the minister.

Article 3

The headquarters of the commission must be in the city of Riyadh, and it may establish branches and offices—as needed—in the Kingdom and abroad.

Article 4

The commission aims to regulate and develop the museum sector in the Kingdom, enhance its capabilities, and support and encourage practitioners in it. In order to achieve its objectives, it may exercise the following tasks and competences:

1. Proposing the strategies and policies of the museum sector within the framework of the national strategy for culture and relevant cultural strategies, and following up on their implementation after their adoption by the ministry.

2. Proposing draft laws and regulations, and their equivalent, which are required by the nature of the work of the commission; proposing to amend those in force; and submitting them to the ministry in preparation for completing the legal procedures.

3. Encouraging financing and investment in the museum sector in light of relevant cultural strategies.

4. Providing grants and incentives (recoverable and non-recoverable) in coordination with the ministry through approved initiatives, the budget of the commission, or the budget of the ministry.

5. Licensing activities relating to the field of work of the commission.

6. Proposing criteria and standards relating to the museum sector, and submitting them to the ministry for adoption.

7. Encouraging the production and development of content in the museum sector.

8. Holding and encouraging training courses in fields relating to the museum sector.

9. Adopting professional training programs and certification entities specialized in training in fields relating to the museum sector, in coordination with relevant entities.

10. Cooperating and coordinating with relevant entities in order to support and protect intellectual property rights in fields relating to the museum sector.

11. Preparing educational programs and providing scholarships for talented people in fields relating to the museum sector, in agreement with the ministry, in preparation for the coordination of the ministry with the relevant entities in this regard.

12. Conducting and encouraging research and studies in fields relating to the museum sector.

13. Coordinating, cooperating, and exchanging experiences with relevant entities locally and internationally on matters relating to the museum sector, in accordance with the established legal procedures.

14. Formulating plans for preserving, activating, managing, and maintaining the cultural assets of the museum sector.

15. Establishing databases for the museum sector, and collecting, documenting, updating, analyzing, processing, preserving, and archiving data and information, and publishing to the public those appropriate, in accordance with the provisions governing this.

16. Investing in fields relating to the museum sector, after the approval of the ministry.

17. Organizing and holding local and international conferences, exhibitions, events, and competitions, and participating in them, in fields relating to the museum sector, in coordination with the relevant entities, and in accordance with the established legal procedures.

18. Joining, cooperating with, and participating in regional and international federations, organizations, and bodies, and their equivalent, that relate to its objectives, in accordance with the established legal procedures.

19. Representing the Kingdom and participating in its representation before regional and international bodies, organizations, and forums that relate to its objectives, in accordance with the established legal procedures.

20. Working to raise the level of interest in and awareness of museums.

21. Supervising museum exhibits that fall within the scope of the competences of the commission.

Article 5

The commission must have a board of directors chaired by the minister and with the membership of the following:

(a) The vice minister, as a member and deputy chairman of the board.

(b) Members whose number is not less than five and not exceeding nine with experience and competence, appointed by order of the Prime Minister based on a nomination by the minister. Their membership is for a period of three years, renewable once.

Article 6

The board shall supervise the management of the affairs of the commission and the conduct of its business, and shall take all the necessary decisions to achieve its objectives within the limits guaranteed by the system. In particular, it shall carry out the following:

1. Proposing the strategies and policies of the museum sector within the framework of the national strategy for culture and relevant cultural strategies, in preparation for their submission to the ministry for adoption.

2. Approving plans, initiatives, and programs for implementing the strategies and policies adopted for the museum sector, and following up on their implementation after their approval.

3. Proposing draft laws and regulations and their equivalent required by the nature of the work of the commission, and proposing amending those in force, in preparation for submitting them to the ministry to complete the legal procedures.

4. Approving the organisational structure and guide of the commission.

5. Approving the establishment of branches and offices of the commission.

6. Approving the internal and technical policies, procedures, and regulations necessary for conducting the affairs of the commission.

7. Determining the financial compensation for the works and services provided by the commission.

8. Proposing regulations relating to the activities of the museum sector and those connected to it, including the procedures for issuing and developing licenses, their financial compensation, and clearances, approvals, and permits in preparation for submitting them to the ministry for approval.

9. Approving the provision of grants and incentives (recoverable and non-recoverable).

10. Approving the draft annual budget of the commission, and approving its final financial reports and its annual report, in preparation for submitting them to the ministry.

11. Appointing an internal auditor for the commission.

12. Reviewing the periodic reports submitted on the progress of work in the commission and taking the necessary decisions in their regard.

13. Approving the signing of agreements, protocols, and contracts in accordance with the mechanisms and procedures adopted by the ministry and in accordance with the established legal procedures.

14. Approving joining, cooperating with, or participating in regional and international federations, organizations, and bodies, and their equivalent, that relate to its objectives, in accordance with the established legal procedures.

15. Accepting gifts, donations, grants, bequests, and endowments, in accordance with the provisions governing this.

The board may—in order to achieve its competences—form standing or temporary committees from among its members or others, to which it assigns the tasks it deems fit. The decision to form each committee must specify its chairman, members, and competences, and it may seek the assistance of whomever it deems fit to perform the tasks entrusted to it.

The board may also delegate some of its competences to its chairman, any of its members, or the employees of the commission.

Article 7

1. The meetings of the board must be held at the headquarters of the commission, and it is permitted, when necessary, to hold them in another place. It is also permitted to hold them as well as record and prove deliberations and decisions—including board decisions by circulation—remotely through electronic means.

2. The board shall hold its meetings periodically at least four times a year, and whenever the need arises as determined by the chairman of the board, or if requested by at least a third of its members.

3. The invitation to the meeting must be sent by the chairman of the board—in writing—at least seven days before the date of the meeting, and the invitation must include the agenda of the meeting.

4. The meeting of the board is valid if attended by—at least—a majority of the members, including the chairman of the board or his deputy. The decisions of the board are issued by a majority of the votes of the attending members. In the case of a tie vote, the side with which the chairman of the meeting voted prevails.

5. The deliberations and decisions of the board must be recorded in minutes and must be signed by the chairman of the meeting and the members present.

6. The board may make decisions by circulation among the members of the board. In this case, the approval of all the members of the board is required for the decision, and this decision must be presented to the board at the first subsequent meeting to be recorded in the minutes of the meeting.

7. A member of the board shall not abstain from voting or authorise another to vote on his behalf during his absence. A member who objects to any decision shall record his objection with the reasons in the minutes or the draft decision.

8. A member of the board shall not divulge any of the secrets of the commission.

9. The board may invite whomever it deems to attend its meetings to utilize their expertise or to provide clarifications without having the right to vote.

Article 8

The commission must have a chief executive officer, who must be appointed and relieved of his position by a decision by the board. The board shall determine, by a decision by it, his remuneration and financial benefits, and he shall be responsible for managing the affairs of the commission. His responsibilities must be within the limits of the system and the decisions of the board. He shall assume the following competences,

1. Supervising the preparation of the strategies of the museum sector—within the framework of the national strategy for culture and relevant cultural strategies—and the policies, plans, initiatives, and programs necessary for them, and submitting them to the board.

2. Supervising the progress of work in the commission.

3. Proposing the organisational structure and guide of the commission and submitting them to the board.

4. Proposing the internal and technical policies, procedures, and regulations necessary for conducting the affairs of the commission in preparation for submitting them to the board.

5. Supervising the preparation of the draft annual budget of the commission, its final financial reports, and its annual report, and submitting them to the board.

6. Disbursing from the approved budget of the commission and taking all financial procedures, in accordance with the provisions governing this and the powers delegated to him by the board.

7. Following up on the implementation of the decisions issued by the board.

8. Submitting proposals to the board regarding the topics that fall within the competences of the commission.

9. Supervising the preparation of reports on the implementation of the plans and programs of the commission, and presenting them to the board.

10. Signing agreements, protocols, and contracts after the approval of the board or according to the powers granted to him.

11. Representing the commission before judicial entities as well as with government entities and other entities inside the Kingdom and abroad, and he may delegate this to others.

12. Contracting with experts and consultants within the limits of the purposes of the commission, and in accordance with the provisions specified in the adopted regulations.

13. Appointing the employees of the commission in accordance with the regulations governing this, and supervising them.

14. Issuing the necessary decisions to implement the provisions of the system and the regulations issued based on it, in accordance with the powers entrusted to him.

15. Any other competences assigned to him by the board.

The chief executive officer may delegate some of his competences to the employees of the commission he deems fit.

Article 9

1. The financial resources of the commission consist of the following:

(a) Amounts allocated to the commission in the annual budget of the ministry.

(b) Financial amounts that the commission charges for the licenses as well as the works and services it provides.

(c) Gifts, donations, grants, bequests, and endowment revenue accepted by the board.

(d) Returns on the investment of the available financial resources of the commission.

(e) Any other resource approved by the board in a manner that does not violate the laws and instructions.

2. All revenues of the commission must be deposited in the current account of the Ministry of Finance in the Saudi Central Bank.

3. An account must be opened for the commission in the Saudi Central Bank, and other accounts may be opened for it in any of the banks licensed to operate in the Kingdom. Amounts must be disbursed from these accounts in accordance with the approved budget of the commission.

Article 10

The commission must have an annual budget within the budget of the ministry.

Article 11

The employees of the commission are subject to the provisions of the Labor Law and the Social Insurance Law.

Article 12

The system enters into force from the date of its approval.


Published in Umm Al-Qura 5036 issued on 28 June 2024.

Categories
Laws and Regulations

The System of the Heritage Commission

Arabic

Issued by Council of Ministers: Decision 1012 Approving the Systems of Cultural Commissions

Article 1

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

Commission: The Heritage Commission.

System: The system of the commission.

Ministry: The Ministry of Culture.

Minister: The Minister of Culture.

Board: The board of directors of the commission.

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

Heritage sector: The sector concerned with activities relating to heritage and antiquities; and its excavation, exploration, protection, maintenance, preparation, restoration, management, and preservation; including cities, villages, neighborhoods, sites, heritage buildings, crafts, arts, traditional industries, and historical monuments.

Article 2

The commission enjoys public legal personality and financial and administrative independence within the limits of the system, and it is organizationally linked to the minister.

Article 3

The headquarters of the commission must be in the city of Riyadh, and it may establish branches and offices—as needed—in the Kingdom and abroad.

Article 4

The commission aims to regulate and develop the heritage sector in the Kingdom, enhance its capabilities, and support and encourage practitioners in it. In order to achieve its objectives, it may exercise the following tasks and competences:

1. Proposing the strategies and policies of the heritage sector within the framework of the national strategy for culture and relevant cultural strategies, and following up on their implementation after their adoption by the ministry.

2. Proposing draft laws and regulations, and their equivalent, which are required by the nature of the work of the commission; proposing to amend those in force; and submitting them to the ministry in preparation for completing the legal procedures.

3. Encouraging financing and investment in the heritage sector in light of relevant cultural strategies.

4. Providing grants and incentives (recoverable and non-recoverable) in coordination with the ministry through approved initiatives, the budget of the commission, or the budget of the ministry.

5. Licensing activities relating to the field of work of the commission.

6. Proposing criteria and standards relating to the heritage sector, and submitting them to the ministry for adoption.

7. Encouraging the production and development of content in the heritage sector.

8. Holding and encouraging training courses in fields relating to the heritage sector.

9. Adopting professional training programs and certification entities specialized in training in fields relating to the heritage sector, in coordination with relevant entities.

10. Cooperating and coordinating with relevant entities in order to support and protect intellectual property rights in fields relating to the heritage sector.

11. Preparing educational programs and providing scholarships for talented people in fields relating to the heritage sector, in agreement with the ministry, in preparation for the coordination of the ministry with the relevant entities in this regard.

12. Conducting and encouraging research and studies in fields relating to the heritage sector.

13. Coordinating, cooperating, and exchanging experiences with relevant entities locally and internationally on matters relating to the heritage sector, in accordance with the established legal procedures.

14. Formulating plans for preserving, activating, managing, and maintaining the cultural assets of the heritage sector.

15. Establishing databases for the heritage sector, and collecting, documenting, updating, analyzing, processing, preserving, and archiving data and information, and publishing to the public those appropriate, in accordance with the provisions governing this.

16. Investing in fields relating to the heritage sector, after the approval of the ministry.

17. Organizing and holding local and international conferences, exhibitions, events, and competitions, and participating in them, in fields relating to the heritage sector, in coordination with the relevant entities, and in accordance with the established legal procedures.

18. Joining, cooperating with, and participating in regional and international federations, organizations, and bodies, and their equivalent, that relate to its objectives, in accordance with the established legal procedures.

19. Representing the Kingdom and participating in its representation before regional and international bodies, organizations, and forums that relate to its objectives, in accordance with the established legal procedures.

20. Supporting the development of national heritage, raising the level of interest in and awareness of it, and protecting it from extinction.

Article 5

The commission must have a board of directors chaired by the minister and with the membership of the following:

(a) The vice minister, as a member and deputy chairman of the board.

(b) Members whose number is not less than five and not exceeding nine with experience and competence, appointed by order of the Prime Minister based on a nomination by the minister. Their membership is for a period of three years, renewable once.

Article 6

The board shall supervise the management of the affairs of the commission and the conduct of its business, and shall take all the necessary decisions to achieve its objectives within the limits guaranteed by the system. In particular, it shall carry out the following:

1. Proposing the strategies and policies of the heritage sector within the framework of the national strategy for culture and relevant cultural strategies, and submitting them to the ministry for adoption.

2. Approving plans, initiatives, and programs for implementing the strategies and policies adopted for the heritage sector, and following up on their implementation after their approval.

3. Proposing draft laws and regulations and their equivalent required by the nature of the work of the commission, and proposing amending those in force, in preparation for submitting them to the ministry to complete the legal procedures.

4. Approving the organisational structure and guide of the commission.

5. Approving the establishment of branches and offices of the commission.

6. Approving the internal and technical policies, procedures, and regulations necessary for conducting the affairs of the commission.

7. Determining the financial compensation for the works and services provided by the commission.

8. Proposing regulations relating to the activities of the heritage sector and those connected to it, including the procedures for issuing and developing licenses, their financial compensation, and clearances, approvals, and permits in preparation for submitting them to the ministry for approval.

9. Approving the provision of grants and incentives (recoverable and non-recoverable).

10. Approving the draft annual budget of the commission, and approving its final financial reports and its annual report, in preparation for submitting them to the ministry.

11. Appointing an internal auditor for the commission.

12. Reviewing the periodic reports submitted on the progress of work in the commission and taking the necessary decisions in their regard.

13. Approving the signing of agreements, protocols, and contracts in accordance with the mechanisms and procedures adopted by the ministry and in accordance with the established legal procedures.

14. Approving joining, cooperating with, or participating in regional and international federations, organizations, and bodies, and their equivalent, that relate to its objectives, in accordance with the established legal procedures.

15. Accepting gifts, donations, grants, bequests, and endowments, in accordance with the provisions governing this.

The board may—in order to achieve its competences—form standing or temporary committees from among its members or others, to which it assigns the tasks it deems fit. The decision to form each committee must specify its chairman, members, and competences, and it may seek the assistance of whomever it deems fit to perform the tasks entrusted to it.

The board may also delegate some of its competences to its chairman, any of its members, or the employees of the commission.

Article 7

1. The meetings of the board must be held at the headquarters of the commission, and it is permitted, when necessary, to hold them in another place. It is also permitted to hold them as well as record and prove deliberations and decisions—including board decisions by circulation—remotely through electronic means.

2. The board shall hold its meetings periodically at least four times a year, and whenever the need arises as determined by the chairman of the board, or if requested by at least a third of its members.

3. The invitation to the meeting must be sent by the chairman of the board—in writing—at least seven days before the date of the meeting, and the invitation must include the agenda of the meeting.

4. The meeting of the board is valid if attended by—at least—a majority of the members, including the chairman of the board or his deputy. The decisions of the board are issued by a majority of the votes of the attending members. In the case of a tie vote, the side with which the chairman of the meeting voted prevails.

5. The deliberations and decisions of the board must be recorded in minutes and must be signed by the chairman of the meeting and the members present.

6. The board may make decisions by circulation among the members of the board. In this case, the approval of all the members of the board is required for the decision, and this decision must be presented to the board at the first subsequent meeting to be recorded in the minutes of the meeting.

7. A member of the board shall not abstain from voting or authorise another to vote on his behalf during his absence. A member who objects to any decision shall record his objection with the reasons in the minutes or the draft decision.

8. A member of the board shall not divulge any of the secrets of the commission.

9. The board may invite whomever it deems to attend its meetings to utilise their expertise or to provide clarifications without having the right to vote.

Article 8

The commission must have a chief executive officer, who must be appointed and relieved of his position by a decision by the board. The board shall determine, by a decision by it, his remuneration and financial benefits, and he shall be responsible for managing the affairs of the commission. His responsibilities must be within the limits of the system and the decisions of the board. He shall assume the following competences:

1. Supervising the preparation of the strategies of the heritage sector—within the framework of the national strategy for culture and relevant cultural strategies—and the policies, plans, initiatives, and programs necessary for them, and submitting them to the board.

2. Supervising the progress of work in the commission.

3. Proposing the organisational structure and guide of the commission and submitting them to the board.

4. Proposing the internal and technical policies, procedures, and regulations necessary for conducting the affairs of the commission in preparation for submitting them to the board.

5. Supervising the preparation of the draft annual budget of the commission, its final financial reports, and its annual report, and submitting them to the board.

6. Disbursing from the approved budget of the commission and taking all financial procedures, in accordance with the provisions governing this and the powers delegated to him by the board.

7. Following up on the implementation of the decisions issued by the board.

8. Submitting proposals to the board regarding the topics that fall within the competences of the commission.

9. Supervising the preparation of reports on the implementation of the plans and programs of the commission, and presenting them to the board.

10. Signing agreements, protocols, and contracts after the approval of the board or according to the powers granted to him.

11. Representing the commission before judicial entities as well as with government entities and other entities inside the Kingdom and abroad, and he may delegate this to others.

12. Contracting with experts and consultants within the limits of the purposes of the commission, and in accordance with the provisions specified in the adopted regulations.

13. Appointing the employees of the commission in accordance with the regulations governing this, and supervising them.

14. Issuing the necessary decisions to implement the provisions of the system and the regulations issued based on it, in accordance with the powers entrusted to him.

15. Any other competences assigned to him by the board.

The chief executive officer may delegate some of his competences to the employees of the commission he deems fit.

Article 9

1. The financial resources of the commission consist of the following:

(a) Amounts allocated to the commission in the annual budget of the ministry.

(b) Financial amounts that the commission charges for the licenses as well as the works and services it provides.

(c) Gifts, donations, grants, bequests, and endowment revenue accepted by the board.

(d) Returns on the investment of the available financial resources of the commission.

(e) Any other resource approved by the board in a manner that does not violate the laws and instructions.

2. All revenues of the commission must be deposited in the current account of the Ministry of Finance in the Saudi Central Bank.

3. An account must be opened for the commission in the Saudi Central Bank, and other accounts may be opened for it in any of the banks licensed to operate in the Kingdom. Amounts must be disbursed from these accounts in accordance with the approved budget of the commission.

Article 10

The commission must have an annual budget within the budget of the ministry.

Article 11

The employees of the commission are subject to the provisions of the Labor Law and the Social Insurance Law.

Article 12

The system enters into force from the date of its approval.


Published in Umm Al-Qura 5036 issued on 28 June 2024.

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