Arabic
The Council of Ministers,
after perusal of Royal Court Transaction 69983 dated 25 Ramadan 1445 [4 April 2024],
which includes Minister of Commerce and Minister of Industry and Mineral Resources Telegram 3526 dated 28 Muharram 1444 [26 August 2022],
regarding the ministerial minutes taken regarding the transfer of all competences related to supervision,
control and licensing for the manufacture of precious metals and gemstones from the Ministry of Commerce to the Ministry of Industry and Mineral Resources,
after perusal of the Law of Precious Metals and Gemstones,
issued by Royal Decree D/42 dated 10 Rajab 1403 [23 April 1983],
after perusal of the Bureau of Experts at the Council of Ministers Memorandums 1813 dated 15 Jumada Al-Thani 1444 [8 January 2023],
3516 dated 12 Dhu Al-Qa’dah 1444 [1 June 2023],
334 dated 1 Safar 1445 [18 August 2023],
2812 dated 4 Sha’ban 1445 [14 February 2024],
3874 dated 11 Dhu Al-Qa’dah 1445 [19 May 2024],
and 820 dated 6 Rabi Al-Awwal 1446 [10 September 2024],
after perusal of Council of Economic and Development Affairs Recommendation 2-3/45/R dated 29 Safar 1445 [15 September 2023],
after considering Shura Council Decision 256/24 dated 16 Ramadan 1445 [26 March 2024],
and after perusal of the General Committee of the Council of Ministers Recommendation 2381 dated 8 Rabi Al-Awwal 1446 [12 September 2024],
hereby decides
First
The Law of Precious Metals and Gemstones, issued by Royal Decree D/42 dated 10 Rajab 1403 [23 April 1983] is hereby amended, as follows:
1․ Article 1 is amended to read as follows:
1․ The Ministry of Industry and Mineral Resources shall supervise and control the manufacture of precious metals, gemstones, their works, and items plated, coated, and inlaid with them as specified in the regulations.
2․ The Ministry of Commerce shall supervise and control the trade in precious metals, gemstones, their works, and items plated, coated, and inlaid with them, as specified in the regulations.
2․ Article 2 is amended to read as follows:
1․ Taking into account the provisions of other regulations, it is not permitted to practice the manufacture of precious metals and gemstones except after obtaining a license to do so from the Ministry of Industry and Mineral Resources, in accordance with the controls and conditions specified in the regulations.
2․ The regulations must determine the fee for licenses and services provided in accordance with the provisions of this law.
3․ Article 10 is amended to read as follows:
The Ministry of Commerce, in agreement with the Ministry of Industry and Mineral Resources, shall oblige owners of precious metal factories and workshops to use stamp marks to distinguish their works, which must be registered as specified in the regulations.
4․ Article 12 is amended to read as follows:
It is permitted to hold exhibitions of precious metals, gemstones, and other works subject to this law with a license from the Saudi Conventions and Exhibitions General Authority in coordination with the Ministry of Commerce. It is permitted to exempt exhibits from stamping and some other procedures stipulated in this law if the intention is to display them only, as specified in the regulations.
5․ Article 13 is amended to read as follows:
1․ Employees—to be specified by a decision issued by the Minister of Commerce in agreement with the Minister of Industry and Mineral Resources—shall jointly or individually police, investigate, and record violations of the provisions of this law and regulations. The regulations must determine their work mechanisms.
2․ The employees—referred to in paragraph 1 of this article—have the right to enter and inspect factories, workshops, stores, warehouses, and all places where items subject to this law are manufactured or displayed. They may take samples of the materials and items present in them to examine and analyze them if necessary. They shall prepare a report of this incident in which the details of the facility, samples, materials, and items taken from it are recorded, as specified in the regulations.
6․ Article 19 is amended to read as follows:
It is permitted for the judgment or decision issued with the penalty to include—as the case may be—a provision for publishing its text at the expense of the violator in a local newspaper published in his place of residence. If there is no newspaper in his place of residence, then in the area closest to him, or publishing it in any other appropriate means, according to the type of violation committed, its severity, and its impact, provided that the publication is after the judgment has obtained final status or the decision has become immune due to the expiry of the period for filing a complaint against it or the issuance of a final judgment rejecting the complaint.
7․ Article 20 is amended to read as follows:
1․ The competent court shall consider cases arising from the violations referred to in articles 14, 15 and 16 of this law, and impose penalties against violators.
2․ The Public Prosecution shall—in accordance with its law—undertake the investigation of the violations referred to in articles 14, 15 and 16 of this law, and prosecute them before the competent court.
3․ The other violations of the provisions of this law and its regulations, and the imposition of the penalty stipulated in article 17 of this law, must be considered by a committee or more formed by a decision of the Minister of Commerce in agreement with the Minister of Industry and Mineral Resources for a renewable period of three years. It must consist of no less than three members.
The decision to form the committee must specify its chairman, provided that he is a specialist in Sharia or laws. Its decisions must be issued by majority and must be reasoned.
4․ The regulations must determine the rules of work of the committee—referred to in paragraph 3 of this article—its procedures, and its remuneration.
5․ It is permitted to object against decisions of the committee—referred to in paragraph 3 of this article—before the competent court.
8․ Article 21 is amended to read as follows:
The Minister of Commerce, in agreement with the Minister of Industry and Mineral Resources, shall issue the regulations and decisions necessary to implement the provisions of this law.
Second
The amendment to the law—referred to in clause First of this decision—comes into effect after the lapse of one year from the date of its publication.
Third
The Minister of Commerce, in agreement with the Minister of Industry and Mineral Resources, shall issue the regulations and decisions necessary to implement the provisions of the law, before the entry into force of the amendment to the law referred to in clause First of this decision.
Fourth
Anyone who engages in any of the activities related to the precious metals and gemstones industry shall apply to the Ministry of Industry and Mineral Resources to amend his status in accordance with the amendment to the law—referred to in clause First of this decision—within a period not exceeding six months from the date of its entry into force. The Minister of Industry and Mineral Resources may extend it for three months.
A draft royal decree has been prepared in the form attached.
Fifth
The Ministry of Industry and Mineral Resources—jointly with the Ministry of Commerce—shall develop a plan to transfer the competences related to supervision and control of the activity of the precious metals and gemstones industry, and it must include a time frame for the transfer process during the period specified for the entry into force of the amendment to the law referred to in clause First of this decision, and to address any difficulty or problem that may arise during the transfer process.
Sixth
The fee for licenses and services must be determined in accordance with the provisions of article 2(2) of the law referred to in clause First of this decision, in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, until the issuance and implementation of the Governance of the Practice of Imposing the Fee for Services and Works Provided by Entities That Have the Authority to Impose a Fee.
The Prime Minister
Issued on: 28 Rabi Al-Awwal 1446
Corresponding to: 2 October 2024
Published in Umm Al-Qura 5051 issued on 11 October 2024.
