Saudi Arabia: Communications and Information Technology Law Approved

Saudi Gazette, 9 June 2022: Saudi Arabia’s Cabinet has approved a Communications and Information Technology Law.

Under the Law, service providers and digital content platforms have to conclude agreements between them to ensure the protection of cybersecurity and critical infrastructure.

Violators could have their licence suspended or be fined up to 25 million Riyals.

Service providers have to take all necessary measures and make arrangements to ensure the protection of the confidentiality of the user’s personal information and documents and not disclose them without their consent.

Service providers also have to inform the user immediately about this if their information and documents have been compromised in any way and take the necessary measures to protect them.

The National Cybersecurity Authority is responsible for introducing the appropriate framework for announcing, promoting or amending price tariffs, or entering into agreements with a service provider outside the Kingdom to provide international roaming or any other service, or to establish, sell, or promote or use calling cards.

Telephone calls and information sent or received through public telecommunication networks must be kept confidential and may not be viewed, listened to, or recorded except in cases specified by the regulations.

No one must possess, sell, lease, manufacture, produce or circulate any device, hardware, tool, service, system, programme, or anything similar, related to telecommunications or information technology which does not comply with the approved technical specifications and standards or with the requirements and controls set by the Authority.

Anyone who engages in any practice which undermines competition in the communications and information technology sector, or damages, infringes or cuts telecommunication networks, or benefits from them in illegal ways, or disrupts communications or prevents the exchange of information in general will also be committing an offence.

Penalties will be imposed on those who commit these crimes intentionally or negligently, or possesses any communication and information technology devices without obtaining the necessary licence.

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Saudi Arabia: Non-Saudis Cannot Publish Advertisements on Social Media

Saudi Gazette, 7 June 2022: Saudi Arabia’s General Commission for Audiovisual Media has announced non-Saudis are banned from publishing advertisements on social media.

They have issued a Circular to this effect in line with the Audiovisual Media Law.

Those who violate the ban will be committing a violation of the Kingdom’s Labour Law (Article 33 of Saudi Arabia Royal Decree No. M51/1426).

They will also be violating the rules for dealing with expatriates contained in Saudi Arabia Royal Decree No. M24/1434. This prevents the employee from working for their own benefit and Saudi Arabia Royal Decree No. M40/1442 which considers a non-Saudi practicing an economic activity for their own benefit without a licence as a crime.

Violators will be jailed for up to five years and fined up to five million Riyals. Also reported in Al Madina on 7 June 2022. For full story, click here.

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Saudi Arabia: Financial Help for Saudi Shot Films

The National, 26 May 2022: Films being shot fully or partly in Saudi Arabia will be able to apply for a 40 per cent cash rebate on production costs, the Saudi Film Commission has stated.

The authority has stated the new scheme known as the Film Saudi programme will be open to all local, regional and international film producers. Under Film Saudi, productions that recruit Saudi crew and talent and those that feature the Kingdom’s culture and people and showcase its landscape will qualify for the incentive.

The Abu Dhabi Film Commission also offers a similar incentive, with a 30 per cent cashback rebate on productions, including feature films, television dramas and commercials which are shot in Abu Dhabi.

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Saudi Arabia: Consultation on Draft Education Law Launched

Saudi Gazette, 17 May 2022: Saudi Arabia’s Education Ministry has announced it has launched a public consultation on a draft Education Law.

The law aims to organise all aspects of public education in a way which increases the level of learning to achieve the highest quality in education and improve its outcomes in terms of scientific and skill-related aspects.

If approved, a Public Education Council will be established.

It will have 17 members and be led by the Education Minister.

The Council will have various responsibilities, including approving public education policies and strategies, determining the age of admission to public education and establishing a minimum wage for teachers in private schools.

The Ministry together with the relevant authorities will set models for educational buildings and define their specifications and requirements.

They will also establish Government buildings to meet the objectives of public education. They will have the right to construct and own these buildings by contracting with the private sector.

In addition, they will regulate the use of public and private educational buildings outside of daily school hours and during public holidays to ensure public education objectives are met.

They will also supervise private school activities and follow up on their commitment to the law and regulations.

They will set the standards and controls for determining tuition fees in private schools as well.

They will not be able to be imposed or modified without their approval.

Under the law, education will be in-person at all stages of public education and the Ministry will have the right to benefit from e-learning technologies as part of in-person education.

The Ministry will encourage the private and non-profit sectors to participate and invest in public education services and establish nurseries, kindergartens and private schools at various educational levels in the Kingdom and for Saudi students abroad.

The Ministry will also encourage foreign investment in public education services.

Teachers in public schools will be subject to the Labour and Social Security Laws.

Finally, the Ministry will provide guard services to public schools and set the necessary standards and requirements in this respect.

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Saudi Arabia: Two-day Weekend Could be Introduced

Saudi Gazette, 16 May 2022: Saudi Arabia’s Human Resources and Social Development Ministry is understood to be considering introducing a two-day weekend for private sector employees.

They are considering amending the Labour Law’s provisions on working hours to allow this.

If approved, a two-day weekend would be introduced.

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Saudi Arabia: Regulatory Status of NEOM Clarified

Arab News, 16 May 2022: NEOM’s Chief Investment Officer has clarified the regulatory status of NEOM.

They issued the clarification following comments by NEOM’s Head of Tourism at the Arabian Travel Market.

They suggested residents in NEOM will have a special status.

The Investment Officer clarified the $500-billion future city will have its own regulations based on global best practices which will allow businesses to grow and develop.

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Saudi Arabia: Penalties for Passport Betting Clarified

Saudi Gazette, 5 May 2022: Saudi Arabia’s General Directorate of Passports or Jawazat has clarified the penalties which will be imposed on those who bet on passports.

Offenders could be fined.

They could even have a travel ban imposed on them.

If an individual loses their passport, they should inform the nearest embassy or their representatives to the Kingdom.

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Saudi Arabia: Sharia Advisory Committee Established

Arab News, 22 April 2022: Saudi Arabia’s Stock Exchange or Tadawul has announced it will establish a Sharia Advisory Committee.

The Committee will help the Exchange offer new Sharia-compliant investment tools and products.

It will have representatives from the Kingdom’s largest financial institutions. They will include Bader Al Omar, Head of Jadwa Investment; Abdulrahman Al Ghusn, Associate in Alinma Investment and Abdullah Al Barrak, Senior Sharia advisor at Al Rajhi Capital.

They will help draft a unified Sharia-compliant rulebook which will be approved by the members’ respective Sharia boards.

They will also have responsibility for overseeing and approving the list of Sharia-compliant listed companies from time to time.

The Exchange will supervise the Sharia Advisory Committee but will not participate in the company screening and selection process.

They will not do this to ensure independence and transparency in decision making.

It will also consult the Committee as necessary on its products and services.

The Exchange will also work with IdealRatings to provide Sharia screening services of listed companies in the capital market in the Kingdom.

The list will be reviewed and approved by the Advisory Committee.

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Saudi Arabia: Real Estate Law Amendments Proposed

Saudi Gazette, 19 April 2022: The Saudi Arabian authorities have proposed amendments to the Kingdom’s Real Estate Law.

Under the proposed amendments to the Law on Real Estate Ownership and Investment by non-Saudis, foreign diplomatic missions accredited to the Kingdom will be able to own their official headquarters and residences of the head of their missions and their members. They will be able to do so on a reciprocal basis.

International and regional organisations will also be able to own their official headquarters. They will be able to do so in line with the limits of the agreements governing them. Ownership will be granted providing a licence is obtained from the Foreign Affairs Minister.

The amendments have been proposed to raise and improve the efficiency and effectiveness of the procedures and controls related to the ownership or use of real estate by non-Saudis in cities and economic zones in the Kingdom targeted for development, including Mecca and Madina.

It targets non-Saudi natural and legal persons, who are either residents or non-residents, as well as citizens of the GCC states.

It states it is not permissible, other than through inheritance, to acquire the right to own, use or have easement over real estate located within the boundaries of the Two Holy Mosques, for those banned from entering there.

The proposed Law will not prejudice the acquisition of the right of ownership or any other original right over real estate through inheritance, as well as the regulations and decisions of the Cabinet and the Royal Orders which prevent ownership in some locations.

The existing Law on Real Estate Ownership and Investment by non-Saudis would be repealed. The new law will come into force 90 days after it has been published in the Official Gazette. The Implementing Regulations to the Law will be issued by an Order from the Prime Minister.

Also reported in Okaz on 19 April 2022. For full story, click here.

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Saudi Arabia: Implementation of Saudisation in Key Health Sectors Starts

Saudi Gazette, 12 April 2022: Saudi Arabia’s Human Resources and Social Development Ministry has announced they have started implementing Saudisation in some key health sectors.

These include 60% Saudisation in health specialisation professions, 30% Saudisation of engineering and technical professions in medical appliances and 40% Saudisation in sales and medical appliances and supplies professions throughout the Kingdom.

The Saudisation has been implemented following the expiry of the grace period.

The Saudisation Decision was aimed at Saudidising health specialties including medical laboratory, radiology, physiotherapy and therapeutic nutrition jobs in all medical facilities operating in the Kingdom.

The minimum salary to calculate Saudisation has been set at 7,000 Riyals for specialists and 5,000 Riyals for technicians.

The Decision to Saudidise professions in the medical appliances sector includes the Saudisation of sales and advertising professions and will be introduced in medical appliances and supplies in two phases. It will be 40% in the first phase and 80% in the second phase.

The Saudisation of engineering and technical professions for medical devices will also be introduced in two phases. It will be 30% in the first phase and 50% in the second phase.

Also reported in Al-Eqtisadiya on 11 April 2022. For full story see https://www.aleqt.com/2022/04/11/article_2295806.html.

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