Law of Petroleum and Petrochemical Materials

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  • Royal Decree No. (M/139) dated 1446/7/12 AH

  • By the grace of God Almighty

  • We, Salman bin Abdulaziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Based onArticle (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 1412/8/27 AH.

  • Based onArticle (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 1414/3/3 AH.

  • Based onArticle (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 1412/8/27 AH.

  • After reviewing Shura Council Decision No. (8/80) dated 1446/5/2 AH.

  • After reviewing Council of Ministers Decision No. (473) dated 1466/7/7 AH.

  • We decree the following:

    • First: Approval of the Petroleum and Petrochemical Materials Law, in the attached form.

    • Second: The provisions of the law - referred to in item (First) of this decree - shall not prejudice the validity of licenses issued in accordance withthe Law of Trade in Petroleum Products issued by Royal Decree No. (M/18) dated 1439/1/28 AH, and the holders of those licenses - at the time the law comes into effect - shall regularize their status in accordance with its provisions within a period not exceeding (two) years from its effective date, provided that they submit to the Ministry of Energy a plan to regularize their status within a maximum period of (one) year from the date the law and its regulations come into effect. The Minister of Energy may grant an extension or extensions for regularizing their status not exceeding (six) years from the end of the specified period for regularization, as deemed in the public interest.

    • Third: It is incumbent upon His Highness the Prime Minister, the Ministers, and the heads of the relevant independent authorities - each within their jurisdiction - to implement this decree.

    • Salman bin Abdulaziz Al Saud.

  • Council of Ministers Decision No. (473) dated 1446/7/7 AH

  • The Council of Ministers

  • After reviewing in its session chaired by the Custodian of the Two Holy Mosques King Salman bin Abdulaziz Al Saud, the correspondence received from the Royal Court No. 33220 dated 1446/5/8 AH, including the telegram of His Royal Highness the Minister of Energy No. 2945 dated 1444/8/30 AH, regarding the draft Petroleum and Petrochemical Materials Law.

  • After reviewing the aforementioned draft law.

  • After reviewing Royal Order No. (10030) dated 1443/2/15 AH.

  • After reviewingthe Law of Trade in Petroleum Products, issued by Royal Decree No. (M/18) dated 1439/1/28 AH.

  • After reviewing server Process No. (146) dated 1445/8/17 AH, memoranda No. (3571) dated 1445/10/13 AH, No. (4033) dated 1445/11/22 AH, and No. (2166) dated 1446/6/17 AH, prepared by the Bureau of Experts at the Council of Ministers.

  • After reviewing the recommendation of the Council of Economic and Development Affairs No. (1-46/1/T) dated 1446/1/26 AH.

  • After considering Shura Council Decision No. (8/80) dated 1446/5/2 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (6781) dated 1446/6/30 AH.

  • It is decided as follows:

    • First: Approval of the Petroleum and Petrochemical Materials Law, in the attached form.

    • Second: The provisions of the law - referred to in item (First) of this decision - shall not prejudice the validity of licenses issued in accordance withthe Law of Trade in Petroleum Products issued by Royal Decree No. (M/18) dated 1439/1/28 AH, and the holders of those licenses - at the time the law comes into effect - shall regularize their status in accordance with its provisions within a period not exceeding (two) years from its effective date, provided that they submit to the Ministry of Energy a plan to regularize their status within a maximum period of (one) year from the date the law and its regulations come into effect. The Minister of Energy may grant an extension or extensions for regularizing their status not exceeding (six) years from the end of the specified period for regularization, as deemed in the public interest.

    • A draft Royal Decree has been prepared to that effect, its text attached hereto.

    • Third: The financial consideration referred to in paragraph (1) of Article (Six) of the law - referred to in item (First) of this decision - shall be determined in coordination with the Ministry of Finance and the Non-Oil Revenues Development Center, until the issuance and implementation of the (Governance of the Practice of Imposing Financial Consideration for Services and Works Provided by Entities Authorized by Law to Impose Financial Consideration).

    • Fourth: The amount deducted for the Ministry of Energy from the financial consideration, as stipulated in paragraph (2) of Article (Six) of the law - referred to in item (First) of this decision - shall be determined in coordination with the Ministry of Finance and the Non-Oil Revenues Development Center, and shall be included within its budget appropriations.

    • Fifth: The Ministry of Energy and the Ministry of Finance shall establish a mechanism to govern the disbursement of the deducted amount, as referred to in paragraph (2) of Article (Six) of the law mentioned in item (First) of this decision.

    • Sixth: The Ministry of Energy shall assume - for the purpose of implementing the provisions of the law referred to in item (First) of this decision - all powers and tasks related to regulating petroleum and petrochemical operations, and coordinating - when appropriate - with relevant authorities. In particular, it shall have the following:

      • 1- Proposing policies, strategies, plans, and programs related to the petroleum and petrochemical materials sector, and supervising their implementation after approval.

      • 2- Representing the Kingdom and safeguarding its interests related to petroleum and petrochemical materials in local and international organizations and bodies.

      • 3- Regulating petroleum and petrochemical operations, and working to protect the public interest, as well as the private interests of consumers and licensed persons.

      • 4- Taking necessary measures to secure the needs of the local market, enhancing local content and the utilization of petroleum and petrochemical materials, stimulating production for petrochemical supply chains, determining refundable export fees for petrochemical materials, ensuring the security and reliability of supplies, and establishing possible regulatory arrangements to achieve that.

    • Salman bin Abdulaziz Al Saud.

Article 1

  • In this Law, the following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise:

    • Law: Law of Petroleum and Petrochemical Products.

    • Regulations: Implementing Regulations of the Law.

    • Ministry: Ministry of Energy.

    • Minister: Minister of Energy.

    • Person: A natural or legal person.

    • Petroleum Products: Oils, bitumen, condensates, and the products derived therefrom through refining, production, treatment, and cracking operations; petroleum products resulting from distillation, manufacturing, maintenance, operation, or cleaning; and all types of liquid fuel, whether used or consumed.

    • Petroleum Operations: The use, sale, purchase, transport, storage, import, export, packaging, or treatment of any petroleum product as well as the construction or operation of refineries, terminals, or distribution stations.

    • Petrochemicals: Chemical compounds derived from the use of other hydrocarbon, petroleum, or petrochemical products as basic feedstock in their production, through separation or blending operations or through chemical reactions. Petrochemicals are also called basic, intermediate, transitional, and specialized materials.

    • Petrochemical Operations: The production, treatment, sale, purchase, distribution, transport, storage, packaging, import, or export of petrochemicals as well as the operation of petrochemical facilities.

    • Feedstock: A petroleum or petrochemical product or more used as input in any production operation through refining, blending, or chemical reactions.

    • Refinery: A facility that refines crude oil or condensates to produce petroleum products through separation and treatment.

    • Terminal: A site designated at seaports for the export, import, or local distribution of petroleum products.

    • Distribution Station: A site designated for the local distribution of petroleum products.

    • Treatment: The process of improving, purifying, or rehabilitating used petroleum or petrochemical products, petroleum or petrochemical products recovered from refineries and facilities, waste containing petroleum or petrochemical products, spent catalysts, or oil residues.

    • Packaging: The process of filling a type of petroleum product into specially-designed containers for the purpose of circulation.

    • License: A document granted by the Ministry authorizing a licensee to engage in petroleum or petrochemical operations.

    • Licensee: person holding a license.

    • Priced Petroleum Products: Petroleum products the local selling prices of which are set by the government.

Article 2

  • This Law aims to:

    • 1. regulate petroleum and petrochemical operations in a manner that serves public interest and protects the rights and interests of consumers and licensees;

    • 2. increase private sector participation in petroleum and petrochemical operations and create a competitive environment to achieve economic growth, contribute to the GDP, and improve energy efficiency;

    • 3. promote the circular carbon economy and manage greenhouse gases;

    • 4. develop new uses for petroleum and petrochemical products, and maximize the benefit of raw materials and promote the downstream production thereof;

    • 5. ensure the adherence of the petroleum and petrochemical products sector to national strategies and plans, laws and regulations, environmental specifications and standards, and safety and security rules;

    • 6. ensure the security and reliability of petroleum and petrochemical product supplies; and

    • 7. monitor and supervise petroleum and petrochemical operations to enhance compliance with the provisions of this Law and prevent practices in violation thereof.

Article 3

  • The provisions of this Law shall apply to petroleum and petrochemical operations and matters associated therewith. The provisions of this Law shall not, however, apply to activities subject to the Law on the Distribution of Dry Gas and Liquefied Petroleum Gas for Residential and Commercial Purposes, nor to industrial applications that use petrochemical products as an essential or additional component to produce finished or semi-finished consumer products or to convert semi-finished products to finished products, which are produced by molding, blending, assembling, forming, remolding, or packaging through production operations which partially or mostly require the use of a machine.

Article 4

  • The Regulations shall specify the following:

    • 1. The technical, operational, and procedural rules necessary for engaging in petroleum and petrochemical operations.

    • 2. Licensing requirements, scope of business, license duration, and any other requirement to be complied with by the licensee as well as the provisions for license amendment, renewal, and transfer.

    • 3. Criteria for evaluating compliance with the terms of the license and the consequences of non-compliance.

    • 4. Criteria and requirements for qualifying for and performing petroleum and petrochemical operations.

    • 5. Criteria for the classification of materials containing petroleum products.

    • 6. Rules and procedures for the purpose of ensuring the security and reliability of petroleum and petrochemical product supplies and securing the needs of the local market of such supplies.

Article 5

  • 1. A person may not engage in any petroleum or petrochemical operation without a license.

  • 2. The Ministry’s approval must be obtained prior to the issuance of any license or approval required for the establishment of a petrochemical facility.

Article 6

  • 1. A fee shall be collected for license issuance and renewal and shall be deposited into the State treasury.

  • 2. Part of the collected fees shall be allocated to the Ministry for the development of the petroleum and petrochemical operations sector.

Article 7

  • The Ministry may deny any application for the issuance or renewal of an export license to a person whose violation of the provisions of this Law and the Regulations has been established pursuant to a decision by the committee provided for in Article 18 of this Law, or who has been convicted of smuggling, or attempting to smuggle, petroleum or petrochemical products, unless a period of at least five years has lapsed from the date of the decision establishing the violation or the date of the conviction. The competent authority shall provide the Ministry with the names of persons convicted of smuggling petroleum or petrochemical products.

Article 8

  • The licensee shall notify the Ministry of any circumstance or incident that may lead to the total or partial cessation of the licensed business, whether permanently or temporarily, as specified in the Regulations.

Article 9

  • 1. Without prejudice to the jurisdiction of the Saudi Standards, Metrology, and Quality Organization, the Ministry shall approve the mandatory specifications and standards for petroleum and petrochemical products as well as the testing methods thereof.

  • 2. The licensee shall, upon engaging in petroleum or petrochemical operations, comply with the approved specifications and standards.

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