Saudi Arabia: Allows Foreigners to Invest in Listed Companies

The Saudi Capital Market Authority (CMA) has announced a significant policy change allowing foreign investors to invest in listed Saudi companies that own real estate in the holy cities of Makkah and Madinah.

Effective from 27 January 2025, this move is designed to boost investment, enhance the capital market’s appeal, and strengthen its competitiveness on both regional and international levels, while supporting the local economy.

The CMA’s decision follows the approval of regulations that exclude certain companies from the definition of “Non-Saudi” under the Law of Real Estate Ownership and Investment by Non-Saudis.

Foreign investments will be limited to shares and convertible debt instruments of these companies, with a cap of 49% ownership for non-Saudis.

Strategic foreign investors are exempt from owning shares or convertible debt instruments.

This initiative allows non-Saudi investors to tap into the economic benefits of projects in Makkah and Madinah without breaching existing laws.

Additionally, Saudi-listed companies can acquire property rights for their headquarters or branches in these cities, provided they comply with specific regulations.

The CMA has been actively working to make the Saudi capital market more attractive to foreign investors, aligning with the goals of Saudi Vision 2030.

This includes previous measures like allowing foreign residents to invest directly in the stock market and enabling foreign strategic investors to acquire stakes in listed companies.

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Saudi Arabia: Issues Updated Guidelines For Recreational Facilities

Gulf Insider, 20 January 2025: The Ministry of Municipalities and Housing has clarified that the updated guidelines apply to all recreational facilities except venues such as theatres and cinemas.

The Ministry of Municipalities and Housing has released updated guidelines for recreational facilities as part of its ongoing efforts to enhance service quality, encourage investment in the recreational sector, and ensure visitor safety while protecting the rights of all stakeholders.

The ministry has clarified that the updated guidelines apply to all recreational facilities except venues such as theatres and cinemas.

The revisions aim to improve the business environment, stimulate investments, and ensure compliance with the Saudi Building Code in construction processes.

The new guidelines include various requirements related to spatial aspects such as location, area, complementary activities, and signage.

They also address architectural requirements, façade aesthetics, and other technical and operational standards to enhance the user experience and deliver integrated recreational services that meet community expectations while adhering to the highest safety and quality standards.

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Saudi Arabia: New Executive Regulations For Law Practice Come Into Force

Gulf Insider, 20 January 2025: The Saudi Bar Association (SBA) has announced the enforcement of the new executive regulations for law practice, effective from 15 January 2025.

These regulations replace the previous ones issued in 1423 AH.

The updated regulations aimed to enhance the organisational framework of the legal profession, aligning it with modern international best practices.

They also seek to strengthen the Kingdom’s competitiveness and improve its business environment by ensuring the availability of essential legal services for investors and business owners across various sectors.

The new regulations include significant updates and reforms, such as the repeal of the rules on disciplinary action and the filing and adjudication of related complaints issued in 1443 AH.

Additionally, the executive regulations for licensing foreign law firms, issued in 1444 AH, and the rules for mitigating conflicts of interest for former judiciary employees and their equivalents practicing law, issued in 1444 AH, will be annulled.

Key provisions of the new regulations address the qualifications and experience required to practice law, requirements related to the integrity of the Lawyers Registration and Admission Committee, cases where lawyers are transferred to the register of non-practicing lawyers, rules for law office operations, and procedures for lawyers seeking to suspend their practice.

The SBA has emphasised its commitment to leveraging its status and authority to positively influence the regulation of the legal profession and consulting services.

The association aims to elevate professional practice standards, ensure the ethical and efficient performance of legal practitioners, and increase awareness of professional responsibilities.

These efforts are intended to empower the legal profession and foster its economic growth.

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Saudi Arabia: Announces New Benefits for Importers and Exporters

Gulf Insider, 12 January 2025: Saudi Arabia has introduced a series of incentives aimed at enhancing trade within the Kingdom, focusing on import and export businesses.

The Zakat, Tax and Customs Authority (ZATCA) has partnered with 14 government entities to fortify the Saudi Authorised Economic Operator Program.

This collaboration is set to offer new benefits and incentives to importers and exporters, fostering improved cooperation between government bodies and the commercial sector.

The initiative is designed to enhance the security of the global supply chain while providing significant advantages to participating businesses.

ZATCA, in conjunction with its government partners, offers a variety of administrative, procedural, and financial benefits tailored for importers and exporters.

Additionally, a specific category of benefits is available for logistics service providers, such as customs brokers and freight forwarders.

The revamped Saudi Authorised Economic Operator Program is pivotal in advancing the Kingdom’s logistics sector by streamlining trade processes and enhancing competitiveness through inter-agency collaboration.

This effort aims to facilitate trade, improve supply chain efficiency, and expedite procedures, ensuring seamless and flexible trade operations.

It also seeks to enhance access to global markets, complying with the highest international standards and best practices.

This initiative aligns with international trade security and facilitation standards set by the World Customs Organisation, with mutual recognition agreements playing a key role in fostering international cooperation and trade benefits.

Interested parties can find more information about the program’s advantages and conditions on ZATCA’s website.

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Saudi Arabia: Amends Traffic Law to Penalise Driving With Expired Vehicle Registration

Saudi Arabia has introduced significant amendments to its Traffic Law, making driving with an expired vehicle registration (istimara) a traffic violation.

The amendment involves the cancellation of Article 71 of Saudi Arabia Cabinet Decision No. 315/1428, which previously imposed a fine of SR100 for each year or part thereof for delayed renewal of driving licenses and vehicle registrations, with a maximum fine of SR300.

The fine was applicable after 60 days from the expiry date.

Additionally, a new paragraph has been added to the Traffic Violations Schedule, explicitly stating that driving with an expired vehicle registration is a violation.

In the same session, the Cabinet approved the Petroleum and Petrochemical Products Law and tasked King Abdullah University of Science and Technology with overseeing the Saudi Centre for Vaccines and Protein Treatments.

Minister of Media has highlighted the Cabinet’s review of recent government activities aimed at enhancing international cooperation and addressing global challenges.

The Cabinet has also addressed the situation in the occupied Palestinian territories, condemning Israeli actions and advocating for a ceasefire in Gaza.

Domestically, the Cabinet has assessed progress in development programs focused on economic diversification and resource optimisation.

Several international agreements were approved, including MoUs with Uruguay in sports, North Macedonia in Islamic affairs, Singapore in justice, and Morocco in health.

Agreements were also made with Qatar in digital government, Eswatini in air services, and Peru in financial intelligence.

The Cabinet endorsed final accounts for various Saudi authorities and funds for previous fiscal years.

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Saudi Arabia: Social Insurance Launches Compliance Index for Enterprises

The Saudi Social Insurance announced the launch of the Compliance Index service, aimed at assisting employers and enterprises in achieving insurance compliance.

Analysis

The Saudi Social Insurance introduced the Compliance Index to educate enterprises about insurance systems and promote the principle of insurance compliance among employers.

Objectives of the Compliance Index

The Compliance Index aims to achieve several key objectives, including encouraging enterprises to adhere to social insurance systems, distinguishing enterprises with high compliance levels, and educating those with lower compliance. Additionally, the index seeks to offer exceptional services to compliant enterprises, thereby fostering a culture of adherence to insurance regulations.

Access and Additional Services

Employers and enterprises can access and review the Compliance Index through their accounts on the GOSI Business platform. Recently, the organisation launched the innovative “Self-Compliance” electronic service for enterprises, aiming to create a positive relationship and ongoing partnership to enhance and sustain occupational safety and health in work environments.

For the full story, click here.

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Saudi Arabia: SDAIA Consults on Personal Data Audit and Certification Rules

SDAIA (the Saudi Authority for Data and Artificial Intelligence) has sought expert opinions on regulations governing the licensing of personal data processing audits and certification issuance, aiming to boost public trust in personal data handling.

Analysis

Licensing Conditions

The authority outlined general conditions for licensing, requiring applicants to adhere to system rules, regulations, and any official documents issued by the competent authority. Applicants must conduct audits or issue certifications independently, disclose potential conflicts of interest, and report any past complaints related to system compliance, ensuring no ongoing complaints during the application process.

Disclosure and Independence

The authority emphasised the need for applicants to disclose any violations previously identified by the competent authority. The regulations stipulated that applicants must be independent legal entities with a physical presence in Saudi Arabia, providing official contact details, including the legal name, address, and commercial registration or foreign investor license number.

Technical and Personnel Requirements

Applicants must possess the necessary technical tools and qualified personnel to perform audits or issue certifications related to personal data processing and protection, in line with system rules and methodologies set by the competent authority. Certification issuance requires accreditation from the Saudi Accreditation Center.

License Duration and Renewal

Licenses are granted for three years, with renewal applications required at least 90 working days before expiration, subject to meeting licensing conditions.

License Revocation

Licenses are revoked if the legal entity dissolves or undergoes transformation, merger, or division, as per company regulations. Revocation does not affect the validity of audit reports or certifications issued before the revocation date unless deemed invalid by the competent authority.

The end date of the consultation is January 11, 2025.

Here are the draft rules for the licensing of audits or checks of personal data processing activities and the issuance of accreditation certificates.

For the full story, click here.

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Saudi Arabia: CMA Announces Deadline for Eighth FinTech ExPermit Applications

The Capital Market Authority (CMA) has set 31 December 2024, as the final date for submitting applications for the eighth review of the FinTech Experimental Permit (ExPermit).

Applications received by this deadline will be considered in the current review round, while those submitted afterwards will be evaluated in the subsequent round.

The CMA encourages interested parties to apply for the FinTech ExPermit, ensuring their applications meet the necessary criteria outlined in the Financial Technology Experimental Permit Instructions.

Key requirements include that the proposed FinTech product must be related to securities activities regulated by the CMA and be sufficiently developed for testing in the FinTech Lab.

This announcement highlights the CMA’s dedication to fostering financial technology innovation and supporting the growth of this crucial sector within the capital market.

Since the FinTech Lab’s inception in 2018, 53 permits have been issued, introducing innovative models that diversify investment tools and enhance the capital market’s appeal.

Authorised FinTech companies have achieved significant milestones, raising over SAR 3.8 billion through equity crowdfunding and debt instrument platforms.

Investment fund distribution platforms have attracted a diverse investor base, with distributed units valued at over SAR 2.6 billion.

Additionally, robo-advisor platforms have managed assets exceeding SAR 2.2 billion, offering investors advanced tools for investment management.

The FinTech Lab aims to attract a wide range of innovative business models to the capital market.

The CMA invites innovators to capitalise on the Kingdom’s dynamic FinTech ecosystem, promoting innovation in financial services and aligning with the Financial Sector Development Program (FSDP).

For more details on the Financial Technology Experimental Permit Instructions and the FinTech Lab, please visit the provided link.

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