The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
Passports Public Department Defines the Regulations for Final Exit Visa
Passports Department asserts that the residents’ IDs should be valid not less than 30 days to issue the final exit visa. It stresses the importance of renewing the residents ID in a case that its validity is less for less than 30 days before applying for the visa.
Details of the required validity:
In a case that the ID of the resident is valid is from 30 to 60 days, the final exit visa is issued for the remaining validation.
In a case that the validity is for 60 days or more, the visa is issued for 60 days.
Employers and parents may issue the visa through the websites “ABSHER and MUQEEM” for free.
Saudi Health Board Approves the Medicine Glossary System for Coding Medicine
The Saudi Health Board approves the medicine glossary system for coding medicine, asserting that the medical authorities should use that system for exchanging medical information in 120 days from the date of the decree issuance. That was announced at the speech of the Saudi Chambers Union, in reference to paragraph (1) of the third article for the regulations of the National Center for Health Information, that is related to the necessity of providing medical information and facilitating its exchange between the concerned medical authorities by using advanced technological systems.
Also, the concerned medical authorities are invited to approve the new system and to submit their plan and schedule for the completion of the system connection. The medicine glossary aims at reinforcing the systems of medicine coding, supporting digital transformation through developed technical solutions to upgrade medical information exchange capacity.
Transportation Public Authority Approves the Executive Regulations for Protecting Marine Environment
Transportation Public Authority approves the executive regulations for the international treaty of 2001 for controlling the system of harmful impurities adhesion resistance ship, according to the KSA efforts to protect the marine environment and its compliance with the international standards.
The regulations aim at:
Regulating the environmental standards for using the ship impurities adhesion resistance systems.
Reinforcing the competence of marine transport and decreasing environmental harms resulted from impurities adhesion to ships.
Protecting marine creatures and humans from pollution resulted from those systems.
The contents of the regulations include:
Defining the systems and scope of application.
Ship owners and operators compliance
Legal procedures for compliance and control
Conditions of maintaining concerned facilities.
That decree agree with the international marine organization treaty which is enforceable from 2008, and reflects the KSA compliance with applying the best environmental practices according to the vision 2030 for achieving sustainability and protecting marine environment.
The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
Amending the executive regulations for environmental service providers to enhance governance and sustainability
The Saudi Cabinet approves the new amendment to the executive regulations for environmental service providers, which aims at enhancing environmental protection and developing sustainability practices in line with the Kingdom’s Vision 2030.
The most amendments include:
Accurate classification of environmental services: updating activities to include environmental consultation, project management, training, and quality control.
Conditions for environmental licenses: new requirements to ensure service providers adherence to environmental standards.
Clear performance standards: Defining precise standards to ensure the quality of environmental services.
Monitoring and evaluation mechanisms: introducing continuous evaluation mechanisms to enhance environmental commitment.
Deterrent penalties: Imposing strict penalties for violators to ensure the protection of natural resources.
This amendment is a strategic step to support sustainable development in the Kingdom, as it balances economic and environmental demands, and strengthens the Kingdom’s commitment to protecting its resources for future generations.
.2- Extending the implementation of the initiative to cancel financial fines: supporting taxpayers and enhancing tax compliance
The Minister of Finance extends the “Cancellation of Fines and Exemption from Financial Penalties for Taxpayers” initiative for an additional period of six months, starting from January 1, 2025.
Initiative details:
Exemption from fines:
o Exemption from fines for late registration and payment, provided that the declarations are submitted and the original debt is paid.
o Exemption from unpaid fines related to VAT with the obligation to submit statements.
Payments plan: Taxpayers’ commitment to approved payments plan to benefit from exemptions.
Tax evasion exception: Fines associated with tax evasion violations are excluded from the exemption.
Initiative objectives:
Relieving the financial burdens on taxpayers.
Enhancing tax compliance and improving the business environment.
Supporting the stability of commercial activities in line with the economic trends of the Kingdom’s Vision 2030.
The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
Zakat, Taxes and Customs Authority Extended the Initiative for Fines Termination and Discharging Tax Payers from Financial Sanctions
Zakat, Taxes and Customs Authority extends the initiative for terminating fines and discharging tax payers who are governed by all categories of taxes from the financial sanctions for additional six months, until 30th June, 2025.
The authority explained that the initiative includes discharging tax payers from the registration, payment or filing tax statement delay fines, in addition to the fines for correcting VAT statements, and violating the filed control related to electronic invoices and the general tax rules.
Conditions for benefiting from the initiative:
Registration of the tax payer at the tax system.
Filing non-filed tax statement, and disclosing all due taxes.
Paying the original tax debt, while it may be paid in installment according to defined conditions.
The authority stated that the initiative doesn’t include the fines related to the violation of tax evasion or the fines paid before the initiative commencement.
The authority invites the tax payers to read the initiative details at its website, that includes guidelines about categories of fines, steps of payments, and the conditions of discharging.
Also, it urges the tax payers to be benefited from the initiative during the stated period. For inquiring, you can contact the authority through the available channels at its official website.
Ministry of Tourism Obliges Hospitality Facilities to Attain a License for Activity Practice and Defines the Sanctions for Violators
Ministry of tourism asserts that all tourism hospitality facilities including private tourism hospitality facilities to have a license for practicing their activities according to the tourism system and regulations, to ensure the quality of services provided to tourists and visitors to all locations of the kingdom.
The ministry points out that it observed violations including presenting some hospitality services by some hospitality facilities or marketing them through international and national reservation websites without having the required license or permit. The ministry considers those practices a clear violation to the tourism systems and the quality standards.
Actions taken against violators:
All providers of travel and tourism services and the websites are notified to remove non-licensed or unauthorized facilities from their lists.
Matching the categorization of facilities to the approved categories by the ministry before the first of January, 2025.
Applying sanctions up to one million riyals, closing the facility, or both, in addition to defaming the violators.
Ministry of tourism launched the campaign “Our Guests are our Priority” to reinforce hospitality facilities undertaking with the standards of licensing and categorization, and to ensure their compliance with regulations. Also, it invites beneficiaries of hospitality services to report their notes and inquiries through the unified tourism center.
The ministry urges all operators of hospitality facilities to issue or to renew the required license before practicing the activity, asserting that the compliance with those requirements contributes in upgrading the quality of services and reinforcing the experiences of the kingdom visitors.
“Social Insurance”: The coverage of labor injuries includes going to the mosque or the restaurant at work hours
Public Authority for Social Insurance asserts that labor injuries which are covered by the contribution in the occupational risks branch, cover four sorts of accidents which the labor may expose to. Those accidents include:
Injury during performing work or caused by work.
Accidents which happen when the labor goes to perform a task assigned by the employer.
Injury of an occupational disease resulted from the work nature.
Accidents happen during transporting from the home to the workplace and vice versa, or from the workplace to the mosque or the restaurant, and vice versa.
Details of contribution and advantages:
The contribution at the occupational risks is binding to the employers for all employee, in 2% of the wage which is covered by the contribution. It is paid entirely by the employer. The branch provides two categories of advantages:
Cash compensation for injured people
The required medical treatment
Periods for reporting injuries:
Employees should report the employer about the injury or the accident in 7 days from its happening.
Employer should notify the social insurance in 3 days from his knowledge about the injury through his account at the insurance “business”
Categories of covered occupational risks:
Occupational risks include six main categories:
Chemical risks, such as emissions and gases.
Biological risks, such as viruses
Physical risks, such as noise
Mechanical risks such as injuries resulted from cutting or crushing
Electric risks, such as connections interfering
Fire risks resulted from wrong storing of flammable materials.
Occupational safety statistics:
The insurance authority states that observable developments are made in the field of occupational safety and health at the first half of 2024, compared to 2023, they include:
An increase of 19.5 in the number of active establishments
11.6% increase in the number of contributors.
9.5% decrease in the cases of disability and deaths
Supporting more than 32,500 establishment to improve standards of occupational safety and health.
Issuing more than 100,000 certificates of occupational safety and health to employers
The social insurance authority urges all employees and employers to comply with the regulations for reporting injuries and providing a secure work environment for all.
The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
Comprehensive Regulatory Guidelines for Civil Works of Infrastructure: Efforts of the Ministry of Municipality and Housing to Improve Urban Scene
Ministry of Municipality and Housing issued the comprehensive regulatory guidelines for the civil works of infrastructure, with the aim of treating the challenges that influence the urban scene, upgrading the quality of infrastructure services in the cities of the KSA, while limiting the scenery deformity and reinforcing the competence of projects.
The guidelines are concerned with the following:
Operational and technical procedures: Providing services through the unified website “Nasaq”
Work mechanisms: including governance of procedures, defining the responsibilities of partners, and creating control systems to upgrade the performance quality.
Digging procedures: point out the steps including planning, issuing permits to quality follow up and final closing.
Standards and conditions: including international standards to ensure quality of performance.
The guidelines aim at providing the minimum limit of requirements of carrying out high quality projects of digging and the infrastructure. The work scope and exceptions include all cities of the KSA in the exception of Riyadh, as it is managed by Infrastructure Projects Center, which is established by the ministerial decree number 902.
The guidelines regulate the infrastructure through:
Relieving the operational and technical challenges.
Improving the quality of projects according to the best practices.
Reinforcing the competence of coordination between governmental and private authorities.
Conditions of licensing means of transport leasing offices
1- Civil defense approval before the license
Ministry of municipality and Housing affirms the necessity of having the civil defense approval as a main condition for issuing the licenses of means of transport leasing offices. That procedure is one of the new conditions that aim at regulating establishing and developing the offices to achieve the community and the investors objectives, and contribute in treating the traffic challenges and scenery deformities.
2- Basic requirements of licensing:
License procedures: They are applied according to the municipality licensing procedures and its executive regulations.
Commercial record: Filing a valid commercial record that points out the required activity for license.
Approvals: Having the approval of the authority that supervises the commercial activity.
3- Additional and Harmonized activities:
Additional activities shall be practices, in a condition that they don’t exceed 50% of the total licensed area.
Minimum area for practicing additional activity is 6m2, with the exception of the self-service areas.
Harmonized activities shall be practiced in the licensed areas.
Architectural requirements for shelter centers
Basic components: a reception, waiting rooms, equipment stores, at and least one bathroom. Design of exits and entrances: the entrance or exit width shouldn’t be less than 3.5m. In a case of shared entrance or exit, its width shouldn’t be less than 6 m, while the traffic should be organized. Fences and canopies: height of fences shouldn’t be less than 2.5m and should be plain at the housing front. The Saudi Code should be applied at canopies installation. Maintenance and washing places: allocated area shouldn’t be more than 30m2 or 10% of the total site area, considering not to install them at the façade.
5- Environmental and Health Conditions:
Providing isolation systems to relive noise levels according to the executive regulations of noise.
Compliance with providing containers for collecting oils and damages spare parts.
Preventing liquids penetration outside the site, and applying the requirements of the Saudi Code of sanitary sewerage.
Constructing manholes inside the property boundaries.
6- Wastes and Stores management:
Allocating a store which isn’t less than 10m2 to store the spare parts and equipment.
Systematic disposal of wastes
Those conditions ensures the ministry concern with regulating the work of transportation leasing offices to balance between the community demands, to reinforce the environmental compliance, and to encourage sustainable investment in that sector.
Licensing for providing digital authentication services
Digital governmental authority grants 15 companies the license for providing digital authentication services with the aim of providing creative solutions for digital authentication and reinforcing the use of those services at governmental and private sectors.
License Objectives:
Reinforcing confidence and safety of digital treatments.
Reinforcing investment environment through improving authenticated signatures and electronic treatments.
Providing multiple options for the beneficiaries of multiple sectors.
Digital authentication services are electronic services that aim at:
Verifying the electronic treatments authenticity
Verifying the identity of users
The services include:
Issuing digital certificates
Electronic signature
Electronic and time stamp
Equipment management
Service providers sorting:
First category: comprehensive service providers: they are qualified to provide digital authentication services
Second category: Defined service providers: They provide one service or more, in the exception of issuing digital certificates.
Supporting digital transformation:
Those licenses are provided according to the authority efforts to achieve the following:
Raising confidence in digital treatments
Improving organizational environment of the digital authentication sector.
Reinforcing digital services contribution in the national economy, according to the vision of the KSA 2030.
The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
Approving Amendments to the Executive Regulations for the Patents and Industrial Models System: a new step that reinforces intellectual property in the KSA
In a strategic step that reinforces the position of the KSA in the field of intellectual property, the board of directors for the Saudi intellectual property authority approves the amendments for the executive regulations of the patents and models system for the integrated departments and industrial models and plants. Those amendments are approved by decree number (02-3-2024), corresponding to 10th Rabea Alkhar, 1446H, that aim to improve the intellectual property environment to agree with the international standards and reinforce the KSA compliance with its international treaties.
The amendments include approving the amended form of the executive regulations according to document number (IPL-Doc-SAIP:01-585), and defining the date of those amendments enforceability upon the completion of the regulations related to joining Geneva treaty for international registration of industrial drawings and models.
Also, the financial charges resulted from the international research service and primary international inspections are amended, so that the charges are defined to be 200 Swiss francs, which are paid to the international office of the international intellectual property organization. It is expected that the amendments will reinforce the KSA compliance with the international standards in the field of intellectual property.
The amendments are enforceable on all applications for protection upon the regulations enforceability, including the applications filed before the enforceability where no total or primary inspection report has been made.
That amendment represents a critical step for supporting creators in the KSA, when a transparent legal framework is provided to ensure their rights and to protect their creativity according to the highest international standards. The Saudi Intellectual Property Authority works for reinforcing an excellent legal environment that encourages creativity and economic development. That contributes in achieving the vision of the KSA 2030.
Through those amendments, the Saudi Intellectual Property Authority develops the systems and the regulations that reinforce the protection of the intellectual property in the KSA that creates a motivating and attractive environment for investment.
As the application of those amendments reflects the KSA compliance to develop an integrated legal environment, that ensures the intellectual property rights and suits the international development in that field, that will provide a larger protection of creations and new projects.
Approving the Technical Regulations for Dry Gas Tanks
The Saudi Authority for specifications, measurements and quality approves the technical regulations for dry gas tanks at the meeting of its board of directors number (202) dated to the 3rd October, 2024. The regulations aim at reinforcing the safety of transporting dry gas in the KSA and ensuring its compliance with the approved international standards
The technical regulations for dry gas tanks include:
Scope and Application:
The regulations are applicable on the dry gas tanks of all sorts (compressed or liquefied), they define the requirements for designing, manufacturing, inspecting, and testing those tanks according to the approved standard specifications.
Objectives:
The regulations aims at ensuring public safety and health at the processes of transporting dry gas, providing effective mechanisms for evaluating compliance with the approved requirements.
Undertakings of suppliers and operators:
Suppliers and operators should comply with the technical and administrative requirements of the regulations, including having the required licenses, the presence of an integral quality control system, and having an ISO certificate.
Performing the conformity assessment:
Suppliers should have a conformity certificate from approved authorities in the Saudi Authority for Specifications, measurements and quality, as the dry gas tanks are regularly inspected according to the approved compliance standards.
Safety Standards
Tanks should be equipped with security equipment to protect them from fires, including equipping them with fire equipment to ensure safety from fires.
Sanctions and legal actions:
The regulations include strict sanctions against violations related to non-compliance with the technical and the administrative requirements, including withdrawal of violated products from markets and terminating the compliance certificates.
Next steps:
Binding compliance: All stakeholders of dry gas tanks should comply with the regulations in 180 days from the date of publishing in the official gazette.
Situation correction period: Suppliers and operators should correct their situations according to the new requirements not later than 365 days from the date of publishing.
the authority asserts the necessity of compliance of all concerned authorities with these regulations to ensure the safety of dry gas transport processes in the KSA and to ensure the compliance with the highest technical and international
Legal Information
Article number eighteen of the labor regulations
In a case that the establishment ownership is transferred to a new owner, or in a case of any change in its regulatory form whether by merge or division, etc. the employment contracts shall remain enforceable in the two cases, and service shall continue.
For the rights of labor resulted from the period prior to that change, including wages, end of service gratitude, which are due on the date of property transfer, or other rights, the successors and the assignees shall be responsible for them collectively. In a case of individual establishments transfer for any reason, the successors and the assignees shall agree on transferring all preceding rights or labor to the new owner by the labor written approval, while in a case that the labor doesn’t agree, he shall claim terminating his contract and providing him with his dues from the successors.
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The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
Forty days are left for the term granted to complete the articles of association
Ministry of commerce invites to complete the amendment of their articles of association or “bylaw” according to rules of the new firms’ law, that is before the passing of the defined term. The ministry states that the remaining period is less than 40 days, as the deadline for making the amendment is 19th January, 2025.
The ministry affirms that the process of amending the articles of association is made easily through the website of the Saudi Business Center. The amendments will include the following items:
The company articles of association
Shareholders
Company name
Company scope
The capital
The management
The ministry invites all shareholders to benefit from that grace time and to avoid any future legal or regulatory consequences. The new firms system aims at improving the business environment and reinforcing transparency and flexibility, according to the objectives of the Vision of KSA 2030.
Extending the period for correcting the status of the absentee professional labor
Ministry of human resources and social development announces granting an additional period of 60 days for the labor who are sorted as absentees from 1st December, 2024,
That initiative aims at providing additional opportunities for correcting the status of professional labor according to the approved regulations and systems, that for reinforcing the stability of labor relations. The ministry points out that the system for work permanent absence grants the labor in the private sector 60 days to complete the procedures for job transfer or final termination. In a case of not taking the required actions during that term, the labor status shall be changed to “absent from work”
That additional period aimed at:
Providing labor a new opportunity to correct their status.
Facilitating job transfer and building correct labor relationships.
Reinforcing job market stability for supporting economic development
Food and Medicine defines the requirements for promotions and advertising medical equipment
Food and Medicine Authority announces the requirements for promotions and advertisements related to medical equipment and supplies, that aim at reinforcing the compliance with regulations and providing accurate information to the community and the medial professional
Conditions for approval are as follows:
a prior approval; the authority should approve the advertisement before its publishing,
valid marketing certificate: the medial equioment should have a license for marketing.
Considering the ethics: compliance with the Islamic law, community values and ethics.
Accurate information: avoid misleading users or medical staff, and not to use unauthorized allegations.
Limitations on Promotions and advertising are as follows:
Not abuse any medical equipment or compare it with rival products
Use Arabic language for ordinary users and English for health professionals, considering disabled ones.
Not use the name or the logo of the authority or other regulatory authorities.
Also, licensed advertising agencies may be authorized to provide the services, at advertising an equipment or varied supplies, charges shall be paid ones, while in a case of rejecting the advertisement, the establishment shall appeal in 30 days. Also, the authority obliges manufacturers and distributors to ensure that all promotional materials are approved from the authority before being used, while the targeted public shall be defined, whether ordinary users of health professionals.
The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
1- Amending the Executive Bylaw for Environmental Inspection and auditing of the Environmental System
Minister of environment, water and agriculture issues a decree for amending the bylaw for environmental inspection and auditing. The amendments came as follows:
Termination of the prior bylaw and approving the new addition
Defining the duties of the national control center for environmental compliance, including developing inspection and auditing plans.
Applying environmental auditing and controlling the violations, while imposing fair sanctions.
Issuing environmental compliance certificate for the projects which agree with the environmental legislations.
The decree aims at improving the inspection mechanisms and reinforcing environmental sustainability. The decree is enforceable from the date of its publishing at the official journal.
2- Amending the Executive Regulations for Property Units Ownership, Sorting and Management
The minister of municipalities and housing approves amending paragraph (1D) in the fourth article of the executive regulations for property units’ ownership. The amendments include:
Defining the common spaces and areas of the units upon field reports or the sale plans on maps.
Adding a new paragraph that permits sorting property units in sale projects on map upon the licensing authority approval.
Issuing deeds of property upon the property completion and agreement with the sorting maps.
The decree is enforceable from the date of its publishing at the official journal to reinforce transparency and regulating the property sector.
3- Approving the Executive Regulations for Specifications and Quality system
Minister of commerce approves the executive regulations of the specifications and quality system. The most important points include:
Establishing clear mechanisms for preparing and updating Saudi specifications.
Regulating the use of “Quality Mark” for the products that match the technical standards.
Activating the inspection of establishments to ensure undertaking with specifications.
The regulations are enforceable from the date of being published with the aim of reinforcing products quality and governance of measures and quality in the KSA.
4- Approving the Executive Rules of Products Safety System
The Saudi Authority for Specifications, Measurements and Quality approves the executive regulations for product safety system, which includes:
Applying strict controls on product safety in local markets.
Obliging companies to provide technical documents and to update them regularly
Empowering the authority to inspect products to ensure that they agree with the technical rules.
The regulations aim at protecting the rights of consumers and reinforcing a secure environment.
The regulations are enforceable as soon as they are published in the official journal
The most important legal news in local newspapers
We in Ben Arafa Law Group Consulting & Legal Legitimacy L.L.C likes to provide you of the most important legal news in the local newspapers for this week, which related to your business and commercial, labor and procedural activities, and accordingly we provide you with the most important news as follows:
70 Days are Left for Amending the Articles of Association of Firms
Ministry of Commerce announced at X-Website that the period for amending the articles of association of firms according to the rules of the firm’s regulations issued on (01-12-1443H), which is two years from the stated date, is approaching to end, as the remaining period is only 70 days, so firms which haven’t amended them, should amend their articles of association, otherwise a sanction will be applied on them.
Preventing Commercial Use of Symbols or Signs
His Highness, the Minister of Commerce, Dr. Maged Alqasaby, issued a decree that aims at preventing the commercial use of symbols or signs related to states or religious or ethnic signs, to ensure not misuse them.
The commercial use prohibition for signs and symbols came as follows:
Signs and symbols of states.
Religious and ethnic signs and symbols
Prohibition of using the flag of the KSA that includes the name of Allah, the monotheism word and the state sign (two swords and a palm tree)
The prohibition includes the photos of leaders and officials, and their names in commercial treatments, including printings, goods, products, newsletters, and special gifts.
Discipline and Sanctions:
The disciplinary procedures of the sanction rules related to the municipality violations, while the sanctions include using those signs for commercial purposes by the commercial foundations.
Enforceability and validation:
The decree is enforceable upon the passing of 90 days from the date of its publishing at the official journal. So that the commercial establishments can adapt to its requirements.
Requirements for Licensing Medical Equipment and Supplies- “MDS-REQ9″
Food and Medicine Public Authority announces the requirements for licensing medical equipment and supplies. Those requirements are applicable on all establishments with legal identity in the KSA. They include 28 requirements for licensing those establishments.
The general requirements for licensing medical equipment and supplies:
A legal identity
The establishment should have a legal identity according to the applicable regulations in the KSA.
Attaining the license:
Binding the establishment that intends to practice the activities covered by this system, including the electronic activities to have a license for the establishment and its branches, and stores from the authority, according to the requirements.
Marketing permission:
No medical equipment or supply shall enter the KSA unless with a valid marketing permit from the authority
The Electronic System (Ghad System):
Making an account at the electronic system :Ghad” to have the establishment number
Providing detailed information about handling medical equipment and supplies of the establishment, including information of supply, distribution and the customers.
Competence and Compliance:
Providing the required human and material resources to ensure compliance with the authority professional and ethical standards (transparency, unbiased, and fairness)
Not to market or advertise equipment and supplies without the authority approval.
Notifying the authority with the changes:
Notifying the authority with any changes in the presented information to have the license in 10 days from the date of the change occurrence.
Inspection and Quality Requirements:
Compliance with the requirements of inspection and quality control system,
Empowering the inspector to revise documents and to verify the information during the inspection visits.
Requirements for local factories
A valid industrial license
Having a license from the ministry of industry and minerals that includes an approved economic activity in the field of medical equipment and supplies (in the exception of developing medical software)
Compliance with after-sale service:
Providing maintenance services and spare parts for the medical equipment and supplies through the equipment life span.
Samples of Experiments:
Defining the manufactured products as experimental samples to have the certificate of quality control
Branches of factories:
Attaining a separate license for each branch of the local factories.
Clinical Study Requirements:
Compliance with the requirements of “Clinical Study Requirements for Medical Equipment and Supplies “MDS-REQ2”
Not to start any clinical study unless by a prior consent from the authority.
Sorting and Compliance:
Sorting establishments:
Sorting is made upon an electronic survey that includes establishment category, its activities and number of its workers.
Transportation and storing:
Compliance with the manufacturer instructions and the standards for transporting and storing stated in “MDS-REQ12”
The most important legal news in local newspapers
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Ministry of Environment and Agriculture Issues the New Executive Regulations
for Environmental Violations
Ministry of Environment, Water and Agriculture issues the new executive regulations for the environmental violations according to the ministerial decree number 915101619), for reinforcing the environmental governance and to ensure undertaking with the environmental sustainability standards in the KSA.
The regulations include the mechanism for violations control, including documenting them by the inspectors in cooperation with the security authority when required and defining the sanctions which include financial fines up to 100,000 Saudi riyals, while the harder violations are raised to the concerned committee, in addition to the possibility of terminating the license in a case of repeating the violations.
Also, the regulations oblige the violators with the environmental requalification and paying the damages. They define the mechanisms for seizure items disposal. The regulations grant the violators the right of appealing the decrees of sanction taken against them according to the legal judgments.
Ministry of Municipality, Rural and Housing Affairs Approves the Technical Guidelines for Processing Delayed and Obstructed Sale and Lease Projects
Ministry of Municipality, Rural and Housing Affairs approves the new technical guidelines for processing the delayed and obstructed property projects according to “The Roadmap for sale and lease projects”.
The guidelines define the delayed project as an incomplete project according to the schedule and the performance indicators, and it is categorized as obstructed when there are technical or financial reasons that affect the completion progress.
The guidelines include mechanisms for treating obstruction, as the developers should take the corrective actions, and replace the identities or the individuals who cause the obstruction. Also, the guidelines allow replacing the main developer by another one in a case of inability to complete the project because of bankruptcy or financial inefficiency.
Legal Information
Regulations for Amending Prices of Contracts at the Governmental Tenders and Procurements System
According to article number sixty eight of the governmental tenders and procurements new system, amendment in the prices of contracts and framework agreements shall be made only in exceptional cases, to ensure justice between the contracted parties, and to prevent unjustified amendments. Those cases include:
Changing prices of basic materials or services: in a case of change in the basic prices that influence the contract articles, according to the regulations.
Changing customs or taxes: at amending the charges or the taxes that require amending the contract prices.
Non-expected insolvency: in a case of non-expected difficulties through the performance when it is impossible to expect them at signing the contract.
This article aims at balancing the contracting undertakings and protecting all parties from sudden changes which may affect the cost of completion, while undertaking with defined conditions and procedures that ensure stability and transparency of contracts.
The most important legal news in local newspapers
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Zakat, Taxes and Customs Authority Updates the Regulations for Customs
Zakat, Taxes and Customs Authority approves the amendment of some regulations of customs, upon its authorities granted by the unified customs law of the GCC. The new amendments include the following:
Documents: The documents defined by the unified guidelines for customs should be considered, while in a case of failure to provide any of the required documents, the customs clearance shall be made opposite cash or bank guaranties, in a condition that the period for providing the documents shall not exceed 90 days from the date of customs statement registration.
Cargo information: transporters of goods shall file the cargo information one hour before the goods reach the customs zone. That includes information about the means of transport, the source and the receiver.
Inspection Procedures: supplied goods should be inspected for each sender, and they should be prepared in a way that facilitates inspection.
Dues payment: all financial dues related to customs information, and fines (if found) should be paid before the completion of customs clearance.
Importing goods: Regulations for importing goods and the information related to passenger customs statement, was amended, as the defined pathways should applied and when the value of materials exceed 3000 Saudi riyals or equal, they should be recorded.
Temporary procedures: New rules were established for temporary entrance of goods, including the necessity of applying the applicable international procedures.
Those amendments aim at reinforcing the transparency and the effectiveness of custom procedures that contributes in improving the work environment and ensures undertaking with the applicable regulations. Those amendments will be applied from the date of publishing at the official Gazette.
Ministry of Commerce Invites Companies to Amend the Articles of Association Before the Completion of the Defined Term for that System
Ministry of commerce announces that 80 days period is left for companies to amend the articles of association according to the regulations of the new firms’ law, as the allocated period ends on 18th January, 2025.
The ministry states that the amendment is made upon the royal bylaw number (132-M) issued on 1-12-1443H, that obliges all present companies at the enforceability of the firms system on 19th January, 2023, to amend their positions according to its regulations.
The ministry invites the firms to amend their articles of association through the Business Platform of the Saudi Economical Business Center (business.sa), where the companies can surf the service of “amending articles of association”, and fill in the form, then file an electronic application, while being benefited from the current free publishing.
The electronic application should be filed by the authorized partner or manager, while there should be a decree from the unordinary general assembly of joint stock companies or a decree of shareholders at simple stock companies. Applications should be filed for only main records of companies.
Five Basic Differences between the New and the Previous Commercial
Register Systems to reinforce Practicing Business
Ministry of commerce launches a new commercial register system that aims at facilitating the procedures for practicing business and ensures accuracy of information and updating them regularly. The system has a number of critical differences than the previous system that reflects the ministry undertaking with improving the business environment in the KSA. The following are the most important differences between the two systems:
Termination of Sub-records: The new system permits the presence of one record that covers all activities, instead of using sub-records as was applicable in the preceding system.
Unifying the record at the KSA level: The new system no longer requires defining the city of the commercial record, as it makes a unified commercial record enough for all the kingdom locations, compared with the preceding system which requires issuing records according to the administrative locations.
Termination of the record validation date: The new system does without defining the commercial record validation date, but it makes it is enough to ensure data yearly, compared with the preceding system which requires a defined validation date.
Substitute Procedures for Sanctions: The new system provides substitute options, including warning, correcting the violation, in addition to the traditional sanctions, while financial fine was the sole option in the preceding system.
Commercial record deletion: The article for commercial record deletion is amended to be one year from the date of suspension, instead of 30 days according to the preceding system.
Those updates indicate to the efforts of the ministry of commerce to reinforce the commercial procedures effectiveness and creating a more regulated and flexible work environment in the KSA.
