Statute on the Governance of Export Prevention and Restriction Procedures

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  • Decision No.: (296)

  • Date: 1443/6/1 AH

  • The Council of Ministers

  • After reviewing the correspondence received from the Royal Court No. 21468 dated 1442/4/18 AH, including the letter from His Excellency the Minister of Industry and Mineral Resources, Chairman of the Board of Directors of the Saudi Exports Development Authority No. 1442/1/620 dated 1442/4/16 AH, regarding the draft statute on the governance of export prohibition and restriction procedures.

  • After reviewing the aforementioned draft statute.

  • After reviewing the server process No. (699) dated 1442/11/28 AH, and memoranda No. (521) dated 1443/2/29 AH, and No. (874) dated 1443/4/16 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. (7-43/12/D) dated 1443/3/15 AH.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (3636) dated 1443/4/29 AH.

  • It is decided as follows:

    • First: Approval of the statute on the governance of export prohibition and restriction procedures, in the attached form.

    • Second: The committee formed under Article (3) of the statute - referred to in item (First) of this decision - shall review any existing prohibition or restriction upon the statute’s enforcement, based on a statutory provision on the export of a product, and submit what is necessary regarding lifting the prohibition or restriction, in accordance with the applicable procedures.

  • Prime Minister

article 1

  • The following terms and phrases, wherever mentioned in this Regulation, shall have the meanings

    assigned thereto unless the context requires otherwise:

    • Regulation: Regulation for the Governance of Export Ban and Restriction Procedures.

    • Authority: Saudi Export Development Authority.

    • Board: Board of Directors of the Authority.

    • Committee: Committee on the Regulation of the Governance of Export Ban and Restriction

      Procedures formed under Article 3 of this Regulation.

    • Chairman: Chairman of the Committee.

    • Secretary-General: Secretary General of the Committee.

    • Product: Any natural material or any animal, agricultural, or industrial commodity.

    • Restriction: Any condition or requirement imposed on the export of a product, whether a fee or a

      document related to product export procedures, or on the product itself, or specifying export

      restrictions in quantity, weight, value, time, or destinations.

    • Banned Products: Products whose export is prohibited by law or pursuant to a decision by the

      Committee.

    • Restricted Products: Products whose export requires compliance with restrictions stipulated by law

      or restrictions issued pursuant to a decision from the Committee.

    • Competent Authority: Government agency entrusted to regulate or oversee the product.

article 2

  • The Regulation aims to govern the procedures for banning and restricting the export of products,

    ensuring that the national economy’s interests are safeguarded. It ensures that any export bans or

    restrictions are implemented based on justified reasons, consistent with the Kingdom's export

    policies, and in accordance with the Kingdom's obligations under international agreements to which

    it is party.

article 3

  • Under this Regulation, a committee named "The Committee on the Regulation of the Governance of

    Export Ban and Restriction Procedures". This Committee shall administratively and financially report

    to the Board and shall be based at the Authority’s headquarters.

article 4

  • The Committee shall be chaired by the Chairman of the Board and shall include representatives from:

    • 1. Ministry of Energy;

    • 2. Ministry of Finance;

    • 3. Ministry of Economy and Planning;

    • 4. Ministry of Commerce;

    • 5. Ministry of Industry and Mineral Resources;

    • 6. Ministry of Environment, Water, and Agriculture;

    • 7. Ministry of Investment;

    • 8. General Authority of Foreign Trade;

    • 9. Saudi Food and Drug Authority;

    • 10. Zakat, Tax and Customs Authority;

    • 11. Saudi Export Development Authority;

    • 12. Local Content and Government Procurement Authority; and

    • 13. Two experts from the private sector to be appointed by order of the Prime Minister, based on the

      nomination of the Chairman and the approval of the Board. Their term of membership shall be

      three years, renewable once.

  • The rank of representatives from government agencies in the Committee shall be no less than Grade

    14 or its equivalent. The Committee shall elect a vice-chairman from among the member

    representatives of government agencies.

article 5

  • The Committee shall be responsible for regulating export procedures and may, within the scope of

    this Regulation, assume the following functions:

    • 1. Proposing general policies related to the banning or restricting of product exports and submitting

      them to the Council of Economic and Development Affairs for consideration.

    • 2. Imposing export bans or restrictions on products, reviewing such actions, and issuing the necessary

      decisions to maintain, lift, or modify the product export ban or restriction.

    • 3. Reviewing the provisions of this Regulation, as well as other statutory provisions that ban or

      restrict product exports, and proposing amendments thereto in accordance with applicable

      statutory procedures.

    • 4. Reviewing any fees for procedures, licenses, or approvals related to product export and proposing

      amendments thereto, in accordance with applicable statutory procedures, in agreement with the

      Non-Oil Revenues Development Center.

    • 5. Preparing lists of banned and restricted products in coordination with the Competent Authority,

      and publishing these lists, along with any amendments thereto on the Authority's website.

    • 6. Adopting the Committee's decision forms.

    • 7. Approving the forms for requests to ban or restrict product exports, the forms for requests to amend

      or lift an export ban, and the forms for requests to amend or lift export restrictions.

    • 8. Approving the rules of procedure for the technical committee upon its formation.

  • To accomplish such functions, the Committee may form standing or ad hoc committees or working

    groups from among its members or others, entrusted with the tasks it deems appropriate. The decision

    to form each committee or working group shall specify its chairman, members, and functions. The

    Committee may seek the assistance of individuals it deems appropriate to perform the tasks entrusted

    thereto.

article 6

  • 1. Committee meetings shall be held at the Authority's headquarters. If necessary, meetings may be

    held at different locations.

  • 2. The Committee shall meet, upon the call of the Chairman or vice-chairman, at least once every

    three months. Additional meetings may be scheduled as necessary at the discretion of the

    Chairman or upon the request of at least one-third of its members. Meeting invites shall be sent in

    writing at least seven days prior to the scheduled date, and shall include the meeting agenda.

  • 3. Committee meetings shall be deemed valid if attended by at least a majority of its members,

    including the Committee Chairman or vice-chairman. Decisions shall be made by at least a

    majority vote of attending members. In case of a tie, the meeting chairman shall have the casting

    vote.

  • 4. The Committee may, when necessary, and at the discretion of the Chairman, convene meetings

    and vote on recommendations and decisions remotely through technological means.

    Recommendations and decisions may be adopted by circulation to members and shall be signed

    by all members. Recommendations and decisions made shall be valid only if circulated to all

    Committee members, voted on thereby, and receive the majority vote thereof.

  • 5. Committee deliberations, recommendations, and decisions shall be documented in minutes, signed

    by the meeting chairman and members present. Committee meetings, deliberations, agendas,

    recommendations, decisions, and minutes shall be strictly confidential.

  • 6. A member may not abstain from voting, nor may he vote by proxy. Any member objecting to a

    decision may record his objection and its rationale in the minutes of the Committee's meeting.

  • 7. A member may not disclose any Committee secrets, even after the termination of his membership.

  • 8. A member may not participate in any matter on the Committee’s agenda in which he has a direct

    or indirect relationship or interest. The member shall disclose any conflict of interest, and the

    government agency represented by such member shall delegate another representative to

    participate in said matter.

  • 9. The Committee may invite specialists and consultants to attend its meetings to benefit from their

    expertise, without granting them the right to vote.

article 7

  • 1. A government agency that does not have representation on the Committee may submit a request

    to the Secretary-General to have a representative attend the Committee meeting to discuss its

    request to ban or restrict the export of a product, or its request to lift or amend such a ban or

    restriction.

  • 2. In the event the government agency requests to attend the meeting but its representative fails to

    attend, the Committee may proceed with its work, and the agency whose representative is absent

    shall not be entitled to request a rediscussion of the matter.

article 8

  • The Committee shall have a general secretariat headquartered in the Authority. The Secretary-

    General shall be appointed and his remuneration determined pursuant to a Board decision upon the

    recommendation of the Chairman, and shall report to the Chairman on matters concerning the duties

    of the General Secretariat.

article 9

  • The Chairman may issue a decision to assign a number of individuals to assist the Secretary-General

    in carrying out the work of the Secretariat, based on a request by the Secretary-General and proposing

    the names of such individuals. Their remuneration shall be determined pursuant to a Board decision

    based on the recommendation of the Chairman, and they shall report to the Secretary-General

    concerning the work of the General Secretariat.

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