Saudi Arabia: First Administrative Enforcement Court to be Established

Saudi Gazette, 21 January 2024: The first administrative enforcement court is going to be established in Riyadh.

It will have jurisdiction to enforce court decisions issued.

This will apply even where the decision is issued against ministries and government agencies.

The enforcement of administrative rulings will be carried out by submitting a request for enforcement in a statement of claim deposited in the court.

This will be referred to the relevant department to execute.

The department will then notify the party against whom enforcement is requested with a period of five days for urgent judgments and 30 days for other judgments.

Under the Implementing Regulations to the Enforcement Law before the Courts under the Board of Grievances, convicted individuals, including state agencies and companies partially owned by the state should take the initiative to implement the final rulings subject to expedited enforcement.

In terms of enforcement against administrative agencies, such as ministries and government agencies, the Administrative Enforcement Courts will issue a warning to the administrative authority for enforcement within a specific period.

The department may inform the Oversight and Anti-Corruption Authority or Nazaha of details including in its disciplinary jurisdiction.

The Administrative Enforcement Court may order the imposition of a fine amounting to 10,000 Riyals on the individual against whom the enforcement rule is carried out.

An employee in the public sector will be jailed for up to seven years and fined up to 700,000 Riyals if they exploit their position to prevent enforcement of the ruling.

The employee will also be jailed for five years and fined up to 500,000 Riyals if they deliberately refrain from executing the required document, partially or completely, with the intention of obstruction, eight days after they were notified of the warning or the receipt of the enforcement procedures.

The implementation must be within their jurisdiction.

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Saudi Arabia: Penalties for Violating Security Surveillance Cameras Law Clarified

Saudi Gazette, 22 January 2024: Saudi Arabia’s Interior Ministry has clarified the penalties which will be imposed on those who violate the Security Surveillance Cameras Law.

Offenders will be fined 20,000 Riyals if they transmit or publish recordings in violation of the Law or damage or sabotage security surveillance camera system devices or recordings.

They will be fined 10,000 Riyals if they install security surveillance cameras in places where their installation is banned.

They will be fined 5,000 Riyals if they fail to keep recordings according to the period stipulated in the terms and conditions documents.

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Saudi Arabia: Dress Code Regulations Introduced for Health Ministry Medical Staff

Saudi Gazette, 16 January 2024: Saudi Arabia’s Health Ministry has announced it has introduced new dress code regulations for its medical staff. Under the regulations, employees must be well dressed. They must appear decent and be well-suited to public etiquette.

They should avoid wearing pyjamas and men should avoid wearing shorts. Inappropriate clothes with offensive connotations or drawings should not also be worn.

Strange hairstyles should be avoided as well and personal hygiene standards should be maintained.

Women should wear opaque head coverings and not wear tight, open, or short clothes.

They should also not wear chains or slogans or excessive makeup, manicures, nails, and perfumes.

Any coats they wear should be wide and come down to their knee.

Official work clothes should not be worn in public places during breaks or outside working hours.

In addition, clothing must be modest and non-transparent and must be worn during work hours.

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Saudi Arabia: Unified E-code Service Launched

Saudi Gazette, 14 January 2024: The Saudi Business Centre has announced it has launched the first phase of a Unified Electronic Code service.

The data of commercial registrations will be linked with municipal licences, tax certificates and civil defence permits at the Unified Electronic Code.

The service has been launched to provide the latest and most reliable electronic data of establishments and address the issue of clutter caused by establishments having to display their primary data certificates at their premises and branches.

It also aims to reduce the time spent in control and inspection operations.

It has been launched together with the Commerce Ministry, the Municipal and Rural Affairs Ministry and the Housing Ministry, the Zakat, Tax and Customs Authority and the General Directorate of Civil Defence.

Subsequent phases will cover all operational data and licences.

Business owners will be able to access the Unified Electronic Code service via the platform of the Saudi Business Centre easily.

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Saudi Arabia: Implementing Regulations to Contractors Classification Law Amendments Approved

Saudi Gazette, 6 January 2024: Saudi Arabia’s Municipal, Rural Affairs and Housing Minister has approved amendments to the Implementing Regulations to the Contractors Classification Law.

Saudi Arabia Ministerial Decision No. 4500465523/1445 repeals and replaces Saudi Arabia Ministerial Decision No. 4300274450/1443.

Under Saudi Arabia Ministerial Decision No. 4500465523/1445, a classification certificate will be issued electronically and will be valid for two years.

Project owners will have to verify the authenticity of these certificates through the Ministry’s website.

Article 4 of Saudi Arabia Ministerial Decision No. 4500465523/1445 specifies the areas, activities and grades of classification will be determined, modified, and updated by a Ministerial Decision.

The classification will cover various sectors including construction and building, operations and maintenance services, telecommunications and information technology, nutrition and catering, exhibitions and conferences and real estate development.

These fields and activities will align with the National Guide for Economic Activities.

The contractors’ classification certificate will be issued for the relevant field and activity or fields and activities along with the deserved grade, based on available information, data, and the points achieved in the evaluation.

Contractors will have to maintain commercial books and documents that verify the accuracy of their balance sheets and profit and loss accounts for the latest year.

They will have to be certified by a licensed accountant and filed in the programme.

These records should be well-organised and in Arabic. Contractors operating in the Kingdom must adhere to the terms and conditions stipulated in the Commercial Books Law

Article 9 of Saudi Arabia Ministerial Decision No. 4500465523/1445 states that contractors wanting to reclassify can submit a request to the agency within 90 days before their current certificate expires.

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Saudi Arabia: Implementation of Electronic Family Protection System Project Ongoing

Twasul, 18 December 2023: The Undersecretary of the Human Resources and Social Development Ministry with responsibility for Rehabilitation and Social Guidance has confirmed the Ministry is continuing to implement the electronic family protection system project.

The aim of the project is to allow reports of domestic violence and child protection infringements to be submitted.

It is also aimed at allowing cases to be managed by analysing data.

It is being implemented to offer various measures to follow up on abused person cases. This includes organising six programmes to help rehabilitate them, integrate them into society and empower them socially and psychologically.

For the full story, click here.

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Saudi Arabia: Civil Transactions Law Now in Force

Saudi Gazette, 17 December 2023: The Bureau of Experts at Saudi Arabia’s Cabinet has announced Saudi Arabia Cabinet Decision No. 820/1444 (the Civil Transactions Law) has come into force at courts across the Kingdom.

It has done so 180 days after it was published in the Official Gazette on 19 June 2023.

The Law regulates the provisions of contracts and financial transactions between individuals.

It also governs all civil transactions, unless there is a special law that regulates special transactions.

It covers definitions of natural and legal persons, things, funds, types of right, use of right and obligations in terms of personal rights such as sources of obligation, effects of obligation, descriptions incidental to the obligation, transfer of obligation and expiration of obligation.

It also deals with contracts, including contracts relating to ownership, contracts relating to benefit, contracts relating to work, partnership contracts, and guarantee and insurance contracts.

It details original real property rights and accessory real property rights and clarifies the jurisprudential rules.

It regulates the provisions of contracts and financial transactions in public daily life, such as contracts for sale, rent, and partnerships and sets provisions for compensation for damage in the event of an act by a person causing harm to others, such as damage to property or harm to an individual.

It also specifies the rules for determining the amount of compensation an injured individual is entitled to and outlines the rules and provisions that guarantee creditors the fulfilment of their rights from debtors.

It also balances the interests of creditors and debtors, regulates ownership provisions and clarifies the restrictions that apply to ownership, such as restricting the right of a neighbour not to use their right in a way that harms their neighbour.

It has been issued to promote the stability of transactions, reduce the reasons for invalidating or terminating contracts and expand contractual freedom.

Also reported in Okaz on 17 December 2023. Click here to read more.

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Saudi Arabia: E-payments in Public Benefit Markets Are Mandatory

Saudi Gazette, 11 December 2023: Saudi Arabia’s Environment, Water and Agriculture Ministry has announced it has issued guidelines to regulate the operation of public benefit markets and monitor the work of service providers.

Among other things, under the Agricultural Law using e-payments when buying and selling in public benefit markets is mandatory. The Saudisation rules also have to be complied with in line with government regulations. A licence has to be obtained from the Municipal, Rural Affairs and Housing Ministry as well.

In order to establish a new market in a city or governorate where there is an existing market, the new market has to demonstrate it has a comparative advantage over the existing market. The population in the area must also be proportionate to the number of markets wanting to establish in the city.

The capacity of the existing market must be insufficient to accommodate all activities as well.

When a new livestock market is being established, the fact they are outside the urban area must be taken into account.

When the market conforms to the previous standards, it is up to the Ministry to decide on the application.

An aerial photograph showing the location of the new market must also be attached to the application.

In addition, there are specific requirements for holding seasonal markets and auctions. These include that an entity that organises the market or auction bears all financial and organisational burdens. The seasonal market or auction must also not affect the movement and activity of the public goods market in the region.

All market stakeholders including wholesalers, retailers, distributors, service providers, cooperative societies and transporters have to register.

The relevant authority will determine the appropriate working days and hours for each market in the cities, governorates and their affiliated centres on regular and seasonal days such as Ramadan and Hajj.

A sign will also have to be placed clearly at the market entrances. This will have to indicate the operational days and hours as well as the days of the seasons, the name of the season and its start and end dates.

Agricultural product prices in the main markets in the Kingdom will be made through approved channels and platforms through the price controller assigned by the Environment, Water and Agriculture Ministry and its branches and offices.

Investors have to enter prices and quantity information through approved channels and platforms.

All market stakeholders have to place waste in designated places and waste containers and places exposed to pollution must be periodically cleaned and sterilised.

If the market is closed, air curtains will be put at the entrances. Insects, rodents, and stray animals will have to be controlled via mechanical and chemical methods and must not affect the safety of food products.

The Environment, Water and Agriculture Ministry will issue licences for shops, barns and stalls and permits for service providers and market workers affiliated with shops, firms and companies licensed to work in the market.

In terms of the transportation of agricultural products, quality and safety of agricultural products must be maintained.

Vehicle owners who fail to comply will be fined. Only healthy agricultural products should be permitted to enter and agricultural products which are unfit for human consumption should be destroyed.

Confiscated materials which are not fit for human consumption will be destroyed.

The Ministry will carry out periodic oversight of all stores, sheds, and barns on a daily basis and it is responsible for reporting visits and violations through approved channels.

Also reported in Al Riyadh on 10 December 2023. Click here to read more.

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