Upon submitting a proposal to the Prime Minister of a draft law or regulations and the like, or amending those in force, the government agency shall ensure that such proposal is in line with the adopted visions, plans and strategies and subject to the competencies of the other concerned parties, and shall undertake the following:

• 1. If the proposal includes a new idea of a draft law or regulations or the like, the agency shall, prior to commencing the drafting process, submit a fully developed vision thereof, including clarifying its objectives, the target group and the extent of its importance, to be submitted to the Council for Political and Security Affairs or the Council for Economic Affairs and Development, as per jurisdiction, to obtain initial approval and then return it back to the relevant agency to complete required procedures in accordance with these Controls.

• 2. Subject to the provisions of Paragraph (1) above, the agency shall submit an explanatory note containing a statement of the legal grounds for its competence to request the issuance of the proposal, its purpose, its main elements, the reasons for preparing that proposal and a lucid explanation of its articles, in addition to the following:

  • (A} An overview of the international laws and experiences used in the preparation thereof, as well as the key provisions contained in such legislations.

  • (B) A specific statement of the expected financial, economic and employment effects that may arise, including the impact on public and private sector enterprises as well as social impact. The agency shall coordinate with relevant authorities in this regard.

  • (C) Provide a list stating the laws, the legal provisions contained in the laws and regulations (and the like), the Royal Orders, the Resolutions of the Council of Ministers and the Supreme Orders that would be cancelled or amended if the proposal is issued, as well as the alternative provisions proposed and the grounds therefor.

  • (D) The international agreements (and the like) to which the Kingdom is party and which are directly related to the proposal, along with their binding obligations upon the Kingdom.

Subject to the provisions of Paragraph (1) of Clause (First) of these Controls, the government agency shall, when preparing a proposal for a draft law or regulations (and the like) relating to the economic and developmental affairs or any amendments to effective provisions thereof, publish such proposal on its websites so as to enable stakeholders to provide their views and observations thereon. The agency shall also publish a summary of the key conclusions of these views and observations. The relevant agency shall have discretion in publishing proposals relating to other affairs and the summary of the views and observations provided in this regard.

Every government entity, when preparing a proposal related to economic and developmental affairs for projects of rules, regulations, decisions, or similar instruments of a regulatory nature—within its jurisdiction and not requiring escalation—shall publish it on the unified electronic platform for public and government entities' opinion polling on the World Wide Web (Internet), enabling the concerned entities and individuals to express their views and comments thereon. Subsequently, a summary of the most important views and comments received shall be published on the platform. The entity has the discretion to publish proposals related to other affairs and a summary of the views and comments expressed regarding them.

Upon receiving the proposal, The General Secretariat of the Council of Ministers shall undertake the following:

• 1. Refer the proposal to the Bureau of Experts to ensure that the government agency meets the requirements of the preparation of the said proposal as specified in Clause (First) of these Controls. In case the agency did not meet these requirements, the proposal shall be returned to it for completion.

• 2. Subject to Paragraph (1) of Clause (Fourth) of these Controls, if the proposal is a draft law, the ministers and the heads of the relevant independent agencies shall be provided - at the same time of referring the original file to the Bureau of Experts - with copies to submit their reasoned feedback thereon, especially the legal and objective notes, within a period not exceeding thirty days, provided that the notes shall be referred directly to the Bureau of Experts in paper and electronically to the e-mail of BOE.

The Bureau of Experts at the Council of Ministers shall, upon receipt of the proposal and ascertaining that the relevant preparation requirements are fulfilled, undertake the following:

• 1. Examine the proposal with the relevant government agencies, taking the following into account:

  • A) The proposal does not violate the obligations of the Kingdom under international agreements in force.

  • B) The proposal takes into account the model and guidance laws and the regional and international customary rules relating to its subject, in a way that does not contradict its objectives.

  • c) The proposal does not violate the established judicial principles.

  • D) A statement of the implications on the existing legal status and position and the statement of the transitional provisions included in the proposal, if any.

• 2. A statement of the relevant provisions contained in the international conventions applicable to the Kingdom and whether the proposal is consistent therewith.

• 3. Finalizing the proposal in accordance with recognized norms.

• 4. Referring the proposal to the General Secretariat of the Council of Ministers (the General Committee of the Council of Ministers) to complete the legal procedures in accordance with the nature of the proposal.

Require that the representatives of government agencies participating in the study of the proposal be specialists with adequate qualifications and expertise.

Government agencies and the Bureau of Experts at the Council of Ministers shall seek assistance from specialists and experts within the Kingdom and abroad on a part-time basis, in addition to holding the necessary seminars and working sessions if the study of the proposal so requires.

The General Committee of the Council of Ministers shall, upon receipt of a proposal of a draft law or regulations (and the like) or any amendments to effective provisions thereof from the Shura Council, consider referring such proposal to the relevant government agency to give its opinion, subject to Paragraph (2) of Clause (First) of these Controls, within a period not exceeding (120) days or as decided by the General Committee of the Council of Ministers in this regard.

These Controls shall replace the Controls to be Observed in the Preparation and Study of the Draft Laws and Regulations and the Like, issued by the Council of Ministers Resolution No. (265), dated 21/06/1435H.