Royal Decree No. (M/111) dated 17/9/1440 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 27/8/1412 AH.
And based onArticle (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3/3/1414 AH.
And based onArticle (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27/8/1412 AH.
After reviewing Shura Council Decision No. (48/13) dated 2/5/1440 AH.
After reviewing Council of Ministers Decision No. (545) dated 16/9/1440 AH.
We have decreed the following:
First: Approval of the Law of Service Providers for Pilgrims from Abroad, in the attached form.
Second: Approval of the cancellation of the following:
1- The General Mutawwif Law, issued by Royal Order No. (7267) dated 3/11/1367 AH.
2- The Law of Agents of Mutawwifs and Leaders of Java, issued by Royal Order No. (14518) dated 21/10/1365 AH.
3- The Law of the Guides Authority in Medina, issued by Royal Order No. (54/1/145) dated 25/12/1356 AH.
4-Disciplinary Rules for Members of the Mutawwif Groups, Agents, Guides, and Zamazimah, issued by Council of Ministers Decision No. (79) dated 14/5/1400 AH.
Third: The institutions of the heads of the groups shall arrange their affairs in accordance with the provisions of the Law of Service Providers for Pilgrims from Abroad within one year from its effective date.
Fourth: The provisions of Articles (Twelve, Thirteen, and Fifteen) of the Law of Service Providers for Pilgrims from Abroad shall apply, after its effective date, to the institutions of the heads of the groups.
Fifth: Continuation of the application of decisions and orders related to the mechanisms for determining and collecting the financial consideration until the issuance of the qualitative and quantitative classification of services and their pricing mechanisms by the Ministry of Hajj and Umrah.
Sixth: It is incumbent upon His Highness the Deputy Prime Minister, the Ministers, and the heads of the concerned independent agencies - each in his respective domain - to implement this decree.
Salman bin Abdulaziz Al Saud
Council of Ministers Decision No. (454) dated 16/9/1440 AH
The Council of Ministers
After reviewing the correspondence received from the Royal Court No. 26077 dated 13/5/1440 AH, regarding the draft Law of Service Providers for Pilgrims from Abroad.
After reviewing the aforementioned draft law.
After reviewing the minutes No. (1686) dated 30/12/1439 AH, and No. (1368) dated 26/7/1440 AH, and memoranda No. (225) dated 8/2/1440 AH, and No. (1597) dated 4/9/1440 AH, prepared by the Bureau of Experts at the Council of Ministers.
After considering Shura Council Decision No. (48/13) dated 2/5/1440 AH.
After reviewing the recommendation of the General Committee of the Council of Ministers No. (5837) dated 16/9/1440 AH.
It is decided as follows:
First: Approval of the Law of Service Providers for Pilgrims from Abroad, in the attached form.
Second: Approval of the cancellation of the following:
1- The General Mutawwif Law, issued by Royal Order No. (7267) dated 3/11/1367 AH.
2- The Law of Agents of Mutawwifs and Leaders of Java, issued by Royal Order No. (14518) dated 21/10/1365 AH.
3- The Law of the Guides Authority in Medina, issued by Royal Order No. (54/1/145) dated 25/12/1356 AH.
4-Disciplinary Rules for Members of the Mutawwif Groups, Agents, Guides, and Zamazimah, issued by Council of Ministers Decision No. (79) dated 14/5/1400 AH.
Third: The institutions of the heads of the groups shall arrange their affairs in accordance with the provisions of the Law of Service Providers for Pilgrims from Abroad within one year from its effective date.
Fourth: The provisions of Articles (Twelve, Thirteen, and Fifteen) of the Law of Service Providers for Pilgrims from Abroad shall apply, after its effective date, to the institutions of the heads of the groups.
Fifth: Continuation of the application of decisions and orders related to the mechanisms for determining and collecting the financial consideration until the issuance of the qualitative and quantitative classification of services and their pricing mechanisms by the Ministry of Hajj and Umrah.
A draft Royal Decree has been prepared for the aforementioned provisions, its text is attached hereto.
Sixth: The Ministry of Hajj and Umrah shall undertake the following:
1- Coordination with the Ministry of Interior and the Presidency of State Security regarding the conditions and procedures stipulated in Article (Ten) of the Law of Service Providers for Pilgrims from Abroad concerning security aspects.
2- Preparation of a basic system model for the companies of the heads of the groups and service provider companies within (three months) from the date of approval of the law, in coordination with the Ministry of Commerce and Investment.
3- Preparation of the qualitative and quantitative classification of the services provided by service provider companies to pilgrims coming from outside the Kingdom and their pricing mechanisms, within (one hundred and twenty) days from the effective date of the law.
4- Monitoring the implementation of the provisions contained in the law, preparing an annual report on any obstacles encountered in its application, and submitting it to the Royal Court for necessary action.
5- Preparing a comprehensive and detailed report at the end of the third year from the effective date of the law, including the Ministry’s proposals regarding the provisions of the law, as well as an evaluation of the pricing mechanisms of the services provided to pilgrims, and then submitting it to the Royal Court for necessary action.
Prime Minister
Law of External Hajj Service Providers
Article 1
The following words and terms - wherever they appear in the Law - shall have the meanings indicated next to each of them:
1- Ministry:Ministry of Hajj and Umrah.
2- Minister:Minister of Hajj and Umrah.
3- Law:Law of Pilgrimage Group Leaders Companies and Service Providing Companies for External Pilgrims.
4- Regulation:Implementing Regulation of the Law.
5- Pilgrims:Pilgrims coming from outside the Kingdom.
6- Pilgrim Hospitality Companies are:
A-Companies licensed to serve pilgrims in the city of Makkah Al-Mukarramah and the holy sites.
B-The company licensed to provide water to pilgrims in their residences within the limits of the city of Makkah Al-Mukarramah.
C-The company licensed to receive and organize pilgrims at the Kingdom’s entry points and arrange their return procedures to their countries.
D-The company licensed to serve visitors of the Prophet’s Mosque.
7- Service Providing Companies:Companies licensed to provide services to pilgrims, according to the classification, description, and service levels approved by the Ministry.
Article 2
The law aims to achieve the following:
1- Enhancing the efficiency of employees in the field of serving the Guests of the Merciful.
2- Classifying the services provided to pilgrims by type and quantity.
3- Working to expand the participation base in pilgrims' hospitality companies and service provision companies, and attracting qualified Saudis wishing to work; in order to provide the best services to the pilgrims.
4- Working to develop the services provided to pilgrims, enabling them to perform the Hajj obligation, visit the holy sites, and visit the Prophet's Mosque with ease and convenience.
Article 3
The companies referred to in subparagraphs (A) and (D) of paragraph (6) of Article (One) of the Law are not permitted to provide the service themselves, and they must establish a company or companies to provide the service to the pilgrims in accordance with the provisions of Article (Ten) of the Law.
Article 4
Either of the two companies referred to in subparagraphs (B) and (C) of paragraph (6) ofArticle (One)) of the Law may establish one or more companies to provide services to pilgrims in accordance with the provisions ofArticle (Ten)of the Law.
Article 5
Service provider companies and the two companies referred to in subparagraphs (B) and (C) of paragraph (6) of Article (1) of the Law, provide their services to pilgrims based on the qualitative and quantitative classification of services and their pricing mechanisms issued by the Ministry, in accordance with the scope of jurisdiction of those companies as determined by the Regulation.
Article 6
1- Ownership and management of Hajj hospitality companies shall be limited to Saudis.
2- It is not permitted to establish new companies for Hajj hospitality.
Article 7
Natural and legal persons may, after the lapse of three years from the effective date of this Law, obtain a license to engage in the provision of services to pilgrims, in accordance with the provisions of this Law and other relevant laws.
Article 8
Without prejudice to the provisions of paragraph (1) of Article (6) of the Law, the inheritance of shares in Hajj hospitality companies shall be in accordance with the provisions of the Family Law. The Regulation shall specify the provisions regarding the exit of non-Saudi heirs.
Article 9
The Ministry issues a qualitative and quantitative classification of services and their pricing mechanisms - provided by service provider companies and the two companies referred to in subparagraphs (B) and (C) of paragraph (6) ofArticle (One)of the Law for Pilgrims - taking into account the needs of the pilgrim, and specifying the conditions and requirements for providing the service, including the necessary financial guarantees for that, and the companies are committed to providing the service according to that classification.