Law of Transporting Pilgrims to the Kingdom and Back to their Countries

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  • The Council of Ministers

  • After reviewing the correspondence received from the Diwan of the Presidency of the Council of Ministers No. (7/B/48877) dated 14-10-1424 AH, including the letter from His Royal Highness the Minister of Interior and Chairman of the Supreme Hajj Committee No. (26/50691) dated 21-11-1402 AH, regarding the draft Law of Transporting Pilgrims to the Kingdom and Returning them to their Countries.

  • After reviewing the Law of Transporting Pilgrims to the Kingdom and Returning them to their Countries, issued by Royal Decree No. (M/26) dated 09-09-1390 AH.

  • After considering the Shura Council decision No. (56/34) dated 09-08-1424 AH.

  • After reviewing the server process No. (334) dated 11-09-1425 AH, prepared by the Experts Authority.

  • After reviewing the recommendation of the General Committee of the Council of Ministers No. (575) dated 23-10-1425 AH.

  • Decides

  • To approve the Law of Transporting Pilgrims to the Kingdom and Returning them to their Countries, in the attached form.

  • A draft Royal Decree has been prepared accordingly, its text is attached herewith.

  •  

  • Deputy Prime Minister

  •  

  •  

  •  By the grace of Allah Almighty

  • We, Fahd bin Abdul Aziz Al Saud

  • King of the Kingdom of Saudi Arabia

  • Pursuant to Article (Seventy) of theBasic Law of Governanceissued by Royal Order No. (A/90) dated 27-08-1412 AH.

  • And pursuant to Article (Twenty) of theCouncil of Ministers Lawissued by Royal Order No. (A/13) dated 03-03-1414 AH.

  • And pursuant to Article (Eighteen) of theShura Council Lawissued by Royal Order No. (A/91) dated 27-08-1412 AH.

  • After reviewing the Shura Council decision No. (56/34) dated 09-08-1424 AH.

  • After reviewing the Council of Ministers decision No. (296) dated 29-11-1425 AH.

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  • We decree the following:

  • First:

  • Approval of the Law of Transporting Pilgrims to the Kingdom and Returning them to their Countries, in the attached form.

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  • Second:

  • His Highness the Deputy Prime Minister and the Ministers - each in his respective capacity - shall implement this Royal Decree.

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  • Fahd bin Abdul Aziz

Article 1

  • A pilgrim carrier is any natural or legal person who, by himself or through a third party, transports pilgrims to the Kingdom by means of transportation owned by him or by others. An owner of or an investor in any means used for transporting pilgrims shall, under this Law, be deemed a pilgrim carrier and shall be jointly and severally liable with the actual carrier.

Article 2

Previous Amendments

1. A non-Saudi carrier of pilgrims by sea or air shall have an agent authorized to operate in the Kingdom in accordance with applicable laws.

2. Air and sea carriers shall submit the pilgrims' transportation itinerary to the competent authorities for approval. A copy of the approved itinerary shall be provided to the Ministry of Hajj.

3. An agent, regardless of the number of agencies he represents, or a Saudi carrier, shall submit an unconditional and irrevocable bank guarantee of not less than 100 thousand riyals and not more than 200 thousand riyals to the General Authority of Civil Aviation or the Saudi Ports Authority in the name of the Ministry of Hajj to cover all amounts due for the room and board for pilgrims. In case the amounts, or part thereof, are used, said agent or carrier shall replenish the value of the guarantee.

4. The bank guarantee mentioned in paragraph (3) of this Article shall be released at the request of the agent or Saudi carrier if it is established that the obligations of the carrier are fulfilled.

Article 3

  • 1. The carrier shall be responsible, along with its agent, for returning pilgrims to their countries after performing Hajj on the dates specified for their return as indicated in the itineraries and the notifications which the carrier, along with its agent, submit to the competent authorities.

  • 2. In all cases, the carrier shall be responsible, along with its agent, for ensuring the return of any pilgrim who overstays in the Kingdom for a period not exceeding three months from the date of his arrival.

  • 3. If the overstay of pilgrims is caused by the carrier, such carrier shall be responsible, along with its agent, for providing room and board to the pilgrims for each day they overstay, or part thereof, following the date originally specified for their departure until the date of their actual departure. Such room and board shall be provided under the supervision of the Ministry of Hajj.

  • 4. In case of non-compliance with the obligations referred to in paragraph (3) of this Article, the Ministry of Hajj shall use the bank guarantee provided for in Article 2(3) of this Law to provide room and board for the pilgrims for each day, or part thereof, in coordination with the Civil Aviation Authority or the Saudi Ports Authority, as the case may be.

Article 4

  • The Civil Aviation Authority or the Saudi Ports Authority shall, in coordination with the Ministry of Hajj, issue the decision necessary to regulate the responsibility of air or sea carriers and the parties jointly and severally liable therewith for submitting the itineraries and notifications specifying the arrival and departure dates of all means of transportation that carries pilgrims, the information and data to include therein, as well as the competent authorities to which such itineraries and notifications are submitted.

Article 5

  • If the carrier fails to return the pilgrims to their countries during the five-day period that follows the date specified for their departure for reasons other than traffic suspension, the Ministry of Hajj shall, in coordination with the competent authorities, take the necessary measures to return the pilgrims to their countries by available means of transportation at the expense of the carrier and its agent.

Article 6

  • 1. Hajj visas shall not be issued to pilgrims arriving by land, unless it is verified that the fees for the services rendered to them by Arbab Al-Tawaif establishments are paid in accordance with the directives issued pursuant to a decision by the Minister of Hajj in coordination with the competent departments at the Ministry of Foreign Affairs and the Ministry of Interior.

  • 2. Heads of convoys of pilgrims traveling by land, and those of similar status, shall be responsible, jointly with the carrier or its agent, if any, for the safety of the pilgrims upon arrival and departure; they shall use the routes and ports determined by the competent authorities in the Kingdom. Their respective Tawafa establishments shall be responsible for the departure of such pilgrims to their countries after performing Hajj.

Article 7

  • The competent departments at the Civil Aviation Authority or the Saudi Ports Authority, as the case may be, shall take the measures necessary to ensure that no permission for departure is granted to any means of transportation that carried pilgrims by air or sea to the Kingdom in violation of Article 2(1 and 2) of this Law prior to the date scheduled for the departure of said pilgrims to their countries, unless the carrier:

    • 1. designates a licensed agent, or provides a bank guarantee for the benefit of the Civil Aviation Authority or the Saudi Ports Authority, as the case may be, to ensure the return of said pilgrims to their countries;

    • 2. designates a licensed agent, or provides a bank guarantee for the benefit of the Civil Aviation Authority or the Saudi Ports Authority, as the case may be, to be indorsed to the Ministry of Hajj to cover the room and board expenses of overstaying pilgrims referred to in Article 3(3) of this Law.

Article 8

  • 1. Means of transportation that carry pilgrims by air, land, or sea may not leave the Kingdom before obtaining a permission for departure from the competent authorities.

  • 2. Means of transportation for pilgrims traveling by air or sea and the routes of return to their countries which are specified in the Hajj instructions may not be changed without obtaining a permission from the Ministry of Hajj. The Implementing Regulations of this Law shall specify relevant provisions.

Article 9

  • The carrier or its agent shall, upon the arrival of the means of transportation, provide a manifest accurately indicating pilgrims' names, nationalities, passport numbers, and any other required data using the forms approved by the Ministry of Interior (General Directorate of Passports).

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