• Unless the context otherwise indicates, the words and terms of these Mechanisms shall have the same specified meanings as in the Law and the PSP Governing Rules, and the following words and terms shall have the meanings specified herein:

  • NCP: The National Center for Privatization.

  • CEO: The CEO of NCP

  • GCA: General Court of Audit.

  • Law: The Private Sector Participation (PSP) Law issued by Royal Decree No. (M/63) dated 05/08/1442 AH.

  • Implementing Regulations: The Implementing Regulations of the Law issued by NCP Board of Directors Resolution No. (09/2021) dated 23/04/1443 AH.

  • PSP Governing Rules: PSP Governing Rules issued by Council of Ministers Resolution No. (114) dated 14/02/1443 AH.

  • PSP Legal Framework: The Law, PSP Governing Rules, Implementing Regulations, NCP's Regulations, and any legal instruments issued thereby.

  • Supervisory Committees: The Supervisory Committee formed pursuant to the PSP Governing Rules, any amendments thereto or any legal instrument that supersedes these PSP Governing Rules.

  • Concerned Entity: Any Ministry, government entity, public body, public authority, entity with an independent public juristic personality, or agency concerned with PSP Projects or oversight thereof implemented in accordance with the Law. This shall include the companies whose PSP Contracts are subject to the Law.

  • PSP Projects Registry: A comprehensive central e-database that includes information and documents related to PSP projects.

  • Digital Platform: A platform for communication with PSP related parties through digital technology methods.

  • Liaison Officer: A natural person who undertakes coordination work between the Concerned Entity and NCP.

  • PSP: Public-Private Partnership or Divestment.

  • Cybersecurity: Protection of networks, information technology systems, operational technology systems, and their hardware and software components, services provided thereby, and data contained therein from any unauthorized penetration, disruption, modification, entry, use, or exploitation. Cybersecurity includes: information security, electronic security, digital security, etc.

• These Mechanisms aim to:

  • 1. Achieve effective communication between NCP and the Concerned Entity by developing mechanisms that contribute to raising the level of coordination, consistency, and integration of roles at all phases of PSP projects implementation and monitoring.

  • 2. Regulate governance between entities and ensure the effectiveness and flexibility of their operations without impeding PSP projects implementation and in accordance with the Law.

  • 3. Enhance transparency and equity in PSP projects, and enable the Concerned Entity to access information on PSP projects at all phases in accordance with provisions of the Law, the Implementing Regulations, and the PSP Governing Rules.

• 1. NCP shall, according to the Law, prepare the PSP Projects Registry that shall be managed and operated in accordance with provisions of the Law, the Implementing Regulations, and the PSP Governing Rules.

• 2. Without prejudice to provisions of the Law and the Implementing Regulations, NCP shall establish, pursuant to a resolution of NCP Board of Directors, a Digital Platform to manage all communications between the Concerned Entity, the Digital Platform shall be reporting directly to the CEO. Pursuant to CEO’s decision, one competent or qualified person or more may be authorized to carry out all works related to the Digital Platform in accordance with controls and procedures adopted by NCP.

• 1. Via the Digital Platform, the Concerned Entity shall be enabled to communicate with NCP regarding PSP projects and review the documents and data related thereto in accordance with controls and procedures adopted by NCP.

• 2. The PSP Projects Registry shall include a record of data and information related to pending and completed PSP projects. Such data and information shall be published on the Digital Platform, which makes it the sole reference for all information and data.

• 3. NCP shall oversee all activities of the Digital Platform. The Digital Platform shall serve as a focal point between NCP and the Concerned Entity implementing or supporting the PSP project.

• 4. NCP shall, no later than (24) months or other term agreed upon between NCP and GCA, work on creating a digital method that enables GCA to obtain PSP projects’ data and files that are directly required by GCA to perform its functions.

• To ensure effectiveness of the Digital Platform, NCP shall undertake the following functions:

  • 1. Managing the Digital Platform and periodically requesting projects-related documents, information, and data, maintaining them, and making them available to government entities.

  • 2. Following up on the Concerned Entity’s inputs via the Digital Platform as follows:

    • a. Electronic follow-up of the Liaison Officer’s inputs: ط

      • 1) Assigning a unique serial number to each transaction on the Digital Platform for each PSP project to facilitate monitoring PSP projects workflow.

      • 2) Review and ensure Liaison Officer’s inputs and contact the Liaison Officer if necessary. 3) Archive all information, documents, and data in the Digital Platform.

    • b. Administrative Follow-up:

      • 1) Hold in-person meetings and workshops with the Liaison Officer and maintain constant communication with him.

      • 2) Coordinate between NCP and the Concerned Entity through the Liaison Officer.

      • 3) Provide an updated database for the Liaison Officer and related parties at the Concerned Entity.

  • 3. Prepare joint workshops with the Concerned Entity for the following purposes:

    • a. Exchange expertise with the Concerned Entity regarding PSP projects.

    • b. Leverage lessons learned from previous PSP projects.

    • c. Review and discuss existing communication mechanisms to assess the need for updating and enhancing such mechanisms to achieve their intended objectives.

• 1. The Concerned Entity shall appoint a Liaison Officer, alongside a substitute to act on his behalf when he is unable to perform his functions, to attend meetings and represent the Concerned Entity effectively in communicating with NCP and the Concerned Entity.

• 2. The Liaison Officer or his substitute shall be responsible for coordination between the Concerned Entity and NCP, and work on solving obstacles that face implementing mechanisms of communication between the Concerned Entity and NCP through meetings, phone calls, or using other technological methods.

• 3. The Liaison Officer shall communicate with his substitute to receive updates of the meetings that he was unable to attend and fulfill any resulting obligations.

• 4. For purposes of updating the Digital Platform, the Concerned Entity shall, through the Liaison Officer, provide NCP with all documents and updates regarding government entity's PSP projects.

The Concerned Entity shall ensure that the appointed Liaison Officer has professional competence, including experience, knowledge, skills and necessary independence that enable him to perform his duties efficiently and effectively.

• 1. After each meeting or any coordination work with NCP or the Concerned Entity, the Liaison Officer shall promptly submit a report on the Digital Platform. NCP shall, in turn, consider the issue and provide feedback if necessary.

• 2. If the Liaison Officer fails to submit the report, NCP shall notify the Liaison Officer accordingly and ask him to take necessary actions to ensure prompt submission of the report.

• 1. The Concerned Entity shall, regarding its inputs on the Digital Platform:

  • a. abide by laws, regulations, and instructions related to the confidential documents and information when classifying, archiving, retrieving, circulating, or destroying confidential documents and information, without prejudice to the competent authorities’ requirements;

  • b. take necessary procedures to maintain information security, prevent any unauthorized modification or access to PSP Projects Registry or Digital Platform, and apply Cybersecurity controls approved by the National Cybersecurity Authority or any other competent authority; and

  • c. adhere to the time period specified by GCA Law regarding data that GCA requires for exercising its competencies.

• 2. The existence of PSP Projects Registry and Digital Platform shall not prejudice any legal obligation on the Concerned Entity to maintain or disclose its documents in accordance with the applicable laws and regulations.

These Mechanisms shall be issued by NCP Board of Directors’ resolution. The Digital Platform shall become operational per a resolution of NCP Board of Directors, while appointing a Liaison Officer and informing authorized persons to log into Digital Platform by NCP and the Concerned Entity.