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. 30151 dated 27/4/1444 AH, including the telegram of His Excellency the Minister of Culture No. 2328 dated 22/4/1444 AH, regarding the draft regulations of each of the following: (Literature, Publishing, and Translation Commission, Museums Commission, Heritage Commission, Film Commission, Libraries Commission, Architecture and Design Commission, Music Commission, Theater and Performing Arts Commission, Visual Arts Commission, Culinary Arts Commission, Fashion Commission).
After reviewing the aforementioned draft regulations.
After reviewing the Royal Circular Order No. (55685) dated 30/11/1438 AH.
After reviewing theLaw of Antiquities, Museums, and Urban Heritage, issued by Royal Decree No. (M/3) dated 9/1/1436 AH.
After reviewing the organizational arrangements for cultural commissions, issuedby Council of Ministers Decision No. (398)dated 10/6/1441 AH.
After reviewing theRules for Approving Provisions Regulating the Affairs of Employees in Public Agencies and Their Compensation, issued by Council of Ministers Decision No. (721) dated 26/10/1444 AH.
After reviewing theRegulations on Rewards for Members of Boards of Directors of Agencies and Their Committees, issued by Council of Ministers Decision No. (135) dated 13/2/1445 AH.
After reviewing theFinancial Regulation for Cultural Activities of the Ministry of Culture and Information (formerly), issued by Council of Ministers Decision No. (295) dated 14/10/1432 AH.
After reviewing the decisions ofthe Council of Ministers No. (223) dated 6/7/1430 AH, No. (205) dated 4/4/1438 AH, No. (276) dated 14/4/1444 AH.
After reviewing memoranda No. (17) dated 2/1/1445 AH, No. (1801) dated 21/5/1445 AH, No. (3099) dated 25/8/1445 AH, and No. (3663) dated 21/10/1445 AH, prepared by the Bureau of Experts at the Council of Ministers.
After reviewing the recommendation prepared by the Council of Economic and Development Affairs No. (7-45/5/D) dated 1/2/1445 AH.
After reviewing the recommendation of the General Committee of the Council of Ministers No. (11917) dated 18/11/1445 AH.
It is decided as follows:
First: Approval of the regulations of the following commissions, in the forms attached to this decision:
1- Literature, Publishing, and Translation Commission.
2- Museums Commission.
3- Heritage Commission.
4- Film Commission.
5- Libraries Commission.
6- Architecture and Design Commission.
7- Music Commission.
8- Theater and Performing Arts Commission.
9- Visual Arts Commission.
10- Culinary Arts Commission.
11- Fashion Commission.
Second: The regulations referred to in paragraph (First) of this decision shall replace the organizational arrangements for cultural commissions, issued byCouncil of Ministers Decision No. (398) dated 10/6/1441 AH.
Third: TheRules for Approving Provisions Regulating the Affairs of Employees in Public Agencies and Their Compensation, issued by Council of Ministers Decision No. (721) dated 26/10/1444 AH, and the arrangements contained in the decision, shall apply to the commissions referred to in paragraph (First) of this decision.
Fourth: Without prejudice to the competencies of other government entities, the Ministry of Culture shall exercise the competencies, functions, and implementation of initiatives and projects related to cultural affairs in the Kingdom that fall outside the jurisdiction of the commissions referred to in paragraph (First) of this decision or that involve more than one of those commissions. The Ministry may delegate this to any of those commissions or entities affiliated with the Ministry. The Ministry shall also address any overlap between the competencies of those commissions without prejudice to what is stated in their regulations.
Fifth: The exercise by the commissions referred to in paragraph (First) of this decision of the authority to grant (recoverable and non-recoverable) grants and incentives stipulated in the regulation of each commission shall be after completing coordination between the Ministry of Culture and the National Incentives Committee.
Sixth: The exercise by the commissions referred to in paragraph (First) of this decision of the authority to determine the financial consideration for the works and services they provide, as stipulated in the regulation of each commission, shall be in agreement with the committee concerned with fees and financial considerations formed by the kind directive communicated by Royal Court telegram No. 83347 dated 2/12/1444 AH, until the issuance and enforcement of the regulation on the exercise by commissions and public institutions and their equivalents of imposing financial consideration for the services and works they provide.
Seventh: His Excellency the Minister of Culture, Chairman of the Boards of Directors of the commissions referred to in paragraph (First) of this decision, and His Excellency the Minister of Finance shall agree on all matters related to investing the funds of the aforementioned commissions and establishing appropriate mechanisms that enable them to benefit from their revenues and the financial consideration for the services and works they provide, without prejudice to the provisions of Royal Circular Order No. (55685) dated 30/11/1438 AH, ensuring the financial sustainability of the commissions.
Eighth: Amendment of paragraph (Ninth) ofCouncil of Ministers Decision No. (398) dated 10/6/1441 AH, by substituting the phrase "for a period of five years starting from the date of approval of the mechanisms" instead of the phrase "for a period of five years from the date of this decision".
Ninth: His Excellency the Minister of Culture shall form a unified committee within the Ministry of Culture to assume the competencies of the Rewards Committee stipulated in paragraph (1) of clause (Fifth) of theRegulations on Rewards for Members of Boards of Directors of Agencies and Their Committees, approved by Council of Ministers Decision No. (135) dated 13/2/1445 AH, for all boards of directors of the commissions referred to in paragraph (First) of this decision and their committees.
Tenth: His Excellency the Minister of Culture shall issue mechanisms, procedures, regulations, standards, procedural guides, or similar related to the exercise by the commissions referred to in paragraph (First) of this decision of any of their tasks and competencies, to organize the relationship and achieve integration and alignment between the aforementioned commissions, the Ministry, and other entities related to cultural affairs.
Eleventh: The Ministry of Culture, through its various organizational units, shall provide services to the commissions referred to in paragraph (First) of this decision and set the provisions and policies related to those services, including but not limited to the following areas: A- Human resources. B- Finance. C- Procurement. D- Information technology. His Excellency the Minister of Culture shall determine the service areas as he deems appropriate.
Twelfth: Amendment of theLaw of Antiquities, Museums, and Urban Heritage, issued by Royal Decree No. (M/3) dated 9/1/1436 AH, as follows:
A- Amendment of the definition of the Commission, stated in Article (First) of the law, to read as follows: "The competent authority: Ministry of Culture, or Heritage Commission, or Museums Commission, each according to its jurisdiction, as determined by the regulations," and substituting the phrase "competent authority" for the word "Ministry" accordingly wherever it appears in the law.
B- Amendment of the definition of (Council) stated in Article (First) of the law, to read as follows: "Board of Directors of the Heritage Commission or Board of Directors of the Museums Commission, each according to its jurisdiction, as determined by the regulations."
C- Amendment of the definition of (President) stated in Article (First) of the law, to read as follows: "Chief Executive Officer of the Heritage Commission or Chief Executive Officer of the Museums Commission, as determined by the regulations."
D- Addition of the definition of (Minister) to Article (First) of the law, to read as follows: "Minister: Minister of Culture."
E- Amendment of Article (Sixty-Five) of the law, to read as follows: "The National Museum and regional museums designated by the competent authority shall have boards of trustees formed by the Minister. The Board of Trustees shall propose the museum's operational programs and follow up on all its affairs, various scientific activities, and cooperation fields with domestic and foreign museums, in accordance with the regulating regulations."
F- Amendment of Article (Ninety-Three) of the law, to read as follows: "The Minister shall issue the regulations, which shall be published in the Official Gazette."
Thirteenth: Amendment of paragraph (2) ofCouncil of Ministers Decision No. (223) dated 6/7/1430 AH, to read as follows: "The Heritage Commission shall supervise the archaeological sites in Ain Najm Park according to its regulation."
Fourteenth: Amendment ofCouncil of Ministers Decision No. (205) dated 4/4/1438 AH, approving "the incentives and benefits granted to donors who purchase archaeological or heritage pieces or private collections displayed in museums," by substituting the phrase "Museums Commission" for the phrase "Ministry of Tourism" wherever it appears in the decision.
Fifteenth: Amendment of theFinancial Regulation for Cultural Activities of the Ministry of Culture and Information (formerly), issued by Council of Ministers Decision No. (295) dated 14/10/1432 AH, as follows:
A- Amendment of the regulation's name to be "Financial Regulation for Cultural Activities."
B- Amendment of the definition of (Minister) in Article (First) of the regulation, to read as follows: "Minister: Minister of Culture."
C- Amendment of the definition of (Ministry) in Article (First) of the regulation, to read as follows: "Ministry: Ministry of Culture."
D- Addition of a definition for the Commission in Article (First) of the regulation, to read as follows: "Commission: Any of the cultural commissions established by Council of Ministers Decision No. (398) dated 10/6/1441 AH."
E- Amendment of Article (Second) of the regulation, to read as follows: "This regulation applies to participants in cultural and artistic activities from outside the Ministry and the Commission, whom the Ministry or the Commission employs to implement the cultural and artistic activities they organize or participate in inside or outside the Kingdom, as well as those employed from the Ministry's and Commission's employees, provided that the work they participate in is not part of their official duties in the Ministry or the Commission."
F- Addition of paragraph (4) to Article (Third) of the regulation, to read as follows: "Any other conditions determined by the Ministry according to the nature of each activity."
G- Amendment of paragraph (1) of Article (Seventh) of the regulation, to read as follows: "Publications: are books, guides, and brochures related to the activities and programs in which the Ministry or the Commission participates or organizes."
H- Amendment of the beginning of paragraph (1) of Article (Ninth) of the regulation, to read as follows: "The Ministry and the Commission may, upon recommendation of the committee stipulated in paragraph (C) of Article (Tenth), own works of plastic arts, Arabic calligraphy, photography, folklore, and other artistic creative works of pioneering, veteran, youth, and child artists."
I- Amendment of Article (Thirteenth) of the regulation, to read as follows: "The Ministry or the Commission, as the case may be, shall own the rights to books, guides, brochures, and artistic, literary, and cultural works that win competitions and publish them. They have the right to dispose of them by reprinting, selling, gifting, producing, participating in exhibitions or events they organize or participate in, and owning the rights to reproduce them and dispose of these reproductions by sale, participation, or gifting."
Sixteenth: Nothing contained in the provisions of this decision shall prejudice the continuation of the application of paragraphs (Third, Fourth, and Fifth), and paragraphs (1, 2, 3, and 4) of paragraph (Seventh) ofCouncil of Ministers Decision No. (398) dated 10/6/1441 AH.
Seventeenth: Nothing contained in the regulations referred to in paragraph (First) of this decision shall prejudice the competencies and existing programs of each of: Ministry of Education, Education and Training Evaluation Commission, Technical and Vocational Training Corporation, and any entities affiliated with any of them, provided that these entities coordinate with the Ministry of Culture and the competent commission of the sub-sector when licensing matters related to newly established cultural sub-sectors.
Eighteenth: The Ministry of Culture shall develop an operational model to implement the provisions of paragraphs (1, 2, 3, and 4) of paragraph (Seventh) ofCouncil of Ministers Decision No. (398) dated 10/6/1441 AH, and the provisions of paragraph (Eleventh) of this decision.
Nineteenth: The Ministry of Culture shall consider benefiting from the mechanisms for providing shared services offered by the program established byCouncil of Ministers Decision No. (276) dated 14/4/1444 AH.
Salman bin Abdulaziz Al Saud
Museums Commission Statute
Article 1
In this Statute, the following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
Commission: Museums Commission.
Statute: Statute of the Commission.
Ministry: Ministry of Culture.
Minister: Minister of Culture.
Board: Board of Directors of the Commission.
CEO: Chief Executive Officer of the Commission.
Museums Sector: The sector concerned with activities relating to museums; their establishment, development, management, and maintenance; and the preservation of their distinctive character, including their physical structure and infrastructure. This includes activities relating to the conservation, display, and promotion of museum exhibits and the contexts thereof.
Article 2
The Commission shall have a public legal personality with financial and administrative independence within the limits of this Statute, and shall report to the Minister.
Article 3
The Commission shall be headquartered in the city of Riyadh and may, as needed, establish branches and offices within the Kingdom or abroad.
Article 4
Article 5
The Commission shall have a board of directors chaired by the Minister and comprising the following members:
a) The Vice Minister, member and vice chairman.
b) Members, not less than five and not more than nine, with relevant expertise and qualifications, appointed pursuant to an order from the Prime Minister based on the Minister’s nomination, for a term of three years, renewable once.
Article 6
The Board shall oversee the Commission’s activities and the management of its affairs, and shall take the decisions necessary to achieve its objectives within the limits of this Statute. The Board shall, in particular, undertake the following:
1. Propose strategies and policies for the museums sector, in accordance with the National Strategy for Culture and other strategies pertaining to culture, to be submitted to the Ministry for approval.
2. Approve plans, initiatives, and programs for the implementation of the adopted strategies and policies for the museums sector, and monitor their implementation upon approval.
3. Propose laws and regulations relevant to the Commission’s activities, as well as amendments to existing ones, in preparation for submission to the Ministry for completion of statutory procedures.
4. Approve the Commission’s organizational structure and organizational guide.
5. Approve the establishment of Commission branches and offices.
6. Approve the policies, procedures, and internal and technical regulations necessary for the management of the Commission's affairs.
7. Determine the fees for works and services provided by the Commission.
8. Propose regulations governing the activities of the museums sector and matters related thereto, including procedures for the issuance and development of licenses and fees thereof, in addition to clearances, approvals, and permissions, in preparation for submission to the Ministry for approval.
9. Approve repayable and non-repayable grants and incentives.
10. Approve the Commission’s draft annual budget, final accounts, and annual report, in preparation for submission to the Ministry.
11. Appoint an internal auditor for the Commission.
12. Review periodic reports on the Commission’s work progress and take necessary decisions thereon.
13. Approve the conclusion of agreements, protocols, and contracts, in accordance with the mechanisms and procedures adopted by the Ministry and the applicable statutory procedures.
14. Approve joining, cooperating with, and participating in regional and international unions, organizations, agencies, and similar bodies relevant to the Commission’s objectives, in accordance with applicable statutory procedures.
15. Accept gifts, donations, grants, bequests, and endowments, in accordance with the governing provisions.
The Board may, in exercising its powers, form standing or ad hoc committees from among its members or others and assign tasks thereto as it deems fit. The formation decision of each committee shall name its chairman and members and shall determine its powers. Such committees may seek the assistance of non-members to perform the tasks assigned thereto.
The Board may delegate some of its powers to its chairman, any of its members, or Commission employees.
Article 7
1. Board meetings shall be held at the Commission’s headquarters and may, when necessary, be held elsewhere. They may also be held remotely, and deliberations and decisions, whether passed during meetings or by circulation, may be recorded and documented using electronic means.
2. The Board shall convene periodically at least four times a year and when the need arises at the chairman’s discretion, or if requested by at least one-third of its members.
3. A written invitation along with the agenda shall be sent by the chairman at least seven days prior to the meeting date.
4. Board meetings shall be deemed valid if attended by at least the majority of members, including the chairman or his deputy, and Board decisions shall be passed by majority vote of attending members; in case of a tie, the chairman of the meeting shall have the casting vote.
5. Board deliberations and decisions shall be recorded in minutes signed by the chairman of the meeting and attending members.
6. Board decisions may be passed by circulation provided that such decisions are unanimous and are presented at the subsequent Board meeting in order to be recorded in the minutes.
7. A Board member may not abstain from voting nor vote by proxy, and any member who objects to a decision shall enter his reasoned objection in the minutes or the draft decision.
8. A member may not disclose any of the Commission's confidential information to which he becomes privy.
9. The Board may, at its discretion, invite any person to attend its meetings in a non-voting capacity to provide expertise or clarifications.
Article 8
The Commission shall have a CEO, whose appointment and dismissal as well as his remuneration and other financial benefits shall be determined pursuant to a Board decision. The CEO shall be in charge of the management of the Commission's affairs, in accordance with this Statute and Board decisions, and shall assume the following powers:
1. Supervise the preparation of strategies for the museums sector, in accordance with the National Strategy for Culture and other strategies pertaining to culture, as well as the policies, plans, initiatives, and programs necessary therefor, and submit the same to the Board.
2. Supervise the Commission’s work progress.
3. Propose the Commission’s organizational structure and organizational guide, and submit the same to the Board.
4. Propose the policies, procedures, and internal and technical regulations necessary for the management of the Commission's affairs, in preparation for submission to the Board.
5. Supervise the preparation of the Commission’s draft annual budget, final accounts, and annual report, and submit the same to the Board.
6. Disburse from the Commission’s budget and complete all financial procedures in accordance with the governing provisions and the powers delegated thereto by the Board.
7. Monitor the implementation of Board decisions.
8. Submit proposals to the Board on matters falling within the Commission’s jurisdiction.
9. Supervise the preparation of reports on the execution of Commission plans and programs, and submit such reports to the Board.
10. Sign agreements, protocols, and contracts according to his powers or upon the Board's approval.
11. Represent the Commission before judicial bodies, government agencies, and other entities within the Kingdom and abroad; he may delegate such function to others.
12. Contract with experts and advisors, subject to the Commission's objectives and in accordance with applicable regulations.
13. Appoint Commission employees in accordance with relevant regulations, and supervise such employees.
14. Issue the decisions necessary for the implementation of the provisions of this Statute and its regulations, in accordance with the powers vested therein.
15. Any other power vested therein by the Board.
The CEO may delegate some of his powers to any of the Commission’s employees.
Article 9
1. The Commission’s financial resources shall consist of the following:
a) Allocations within the Ministry's budget.
b) Fees for licenses and for works and services provided thereby.
c) Gifts, donations, grants, and bequests accepted by the Board as well as proceeds of endowments.
d) Returns on investment of the Commission’s available financial resources.
e) Any other resources approved by the Board and not inconsistent with applicable laws and instructions.
2. All Commission revenues shall be deposited in the Ministry of Finance’s current account with the Saudi Central Bank.
3. The Commission shall have an account with the Saudi Central Bank, and it may open other accounts with any bank licensed to operate in the Kingdom. Disbursement from such accounts shall be in accordance with the Commission's approved budget.