Regulations and Procedures for the Tourist Shipping Agent

Article 1: Definitions

  • The terms and phrases mentioned below - wherever they appear in these regulations and procedures - shall have the meanings specified next to each of them, unless the context of the text requires otherwise:

    • The Kingdom: The Kingdom of Saudi Arabia.

    • The Authority: The Saudi Authority for the Red Sea.

    • Regulatory Regulation: The regulatory regulation for the tourist maritime agent.

    • Regulations and Procedures: These regulations, the regulations and procedures "for the tourist maritime agent".

    • Geographical Scope: The territorial sea belonging to the Kingdom in the Red Sea where maritime activities and marine activities are conducted, and the part of the land associated with the practice of those activities, excluding military and security areas and others therein.

    • Unified Platform: A government platform affiliated with the Saudi Authority for the Red Sea that provides services for permits and licenses related to coastal tourism.

    • Tourist Maritime Agent: A person with corporate personality licensed by the Authority to provide services for the maritime vessel to conduct maritime activities within the geographical scope.

    • Tourist Maritime Agent License: A written approval issued by the Authority that enables its holder to engage in the activity of the tourist maritime agency within the geographical scope.

    • Yacht Rental License: A written approval issued by the Authority that enables the tourist maritime agent to engage in the activity of renting yachts to beneficiaries for a specified period that is renewable.

    • Sailing License: An approval issued by the Authority for the visiting foreign yacht allowing its entry into the geographical scope for a maximum of six (6) months.

    • Yacht Rental Facility: A facility licensed by the Authority to provide yacht rental services within the geographical scope.

Article 2: Objective

  • The purpose of these regulations and procedures is to clarify the provisions of the regulatory regulation for the tourism shipping agent, and to specify the conditions and requirements necessary to organize the activities and operations of the tourism shipping agent in providing services to marine vessels for the practice of maritime and nautical activities.

Article 3: Scope of Application

  • These regulations and procedures apply to all licensed tourism navigation agents operating as tourism navigation agents within the geographical scope and in accordance with the regulatory rules and related instructions.

Article 4: General Provisions

  • 1- All visiting yachts flying a foreign flag and/or cruise ships are required to contract with a licensed tourism shipping agent approved by the authority to obtain a permit for entry and/or stay and/or participation in recreational or tourism activities or to move between several areas within the geographical scope.

  • 2- All yachts flying the Saudi flag and designated for rental are required to contract with a licensed tourism shipping agent to engage in recreational or tourism activities within the geographical scope.

Article 5: Requirements for Applying for a Tourist Maritime Agent License

  • 1- The tourist maritime agent wishing to provide tourist navigation services must have a valid license issued by the Authority to practice any activity within the geographical scope, after fulfilling all requirements and procedures related to the service.

  • 2- The process of issuing a tourist maritime agent license is carried out by submitting an application through the unified platform and attaching clear copies of supporting documents in Arabic. If the document is not available in Arabic, a translated copy into Arabic must be provided by a certified translator along with a copy of the original document and the required documents, which are:

    • A- A valid commercial register issued by the Ministry of Commerce in the Kingdom that includes the activity to be practiced, and the commercial register of the main company if the application is made by a branch of the company.

    • B- A valid investment license issued by the Ministry of Investment or other relevant authorities such as the Economic Cities and Special Zones Authority in the Kingdom (in case the establishment is foreign or mixed).

    • ت- Providing a financial guarantee issued by one of the accredited banks in the Kingdom, with a value of no less than 500,000 Saudi Riyals, covering the entire geographical scope of the Authority, to cover port or mooring fees and any obligations arising from violations of these regulations and procedures or any violations by other government entities, provided that the bank guarantee is irrevocable, unconditional, and unrestricted, and valid throughout the duration of the license, expiring three months after the license's expiration. The guarantee shall be solely for the tourist maritime agent providing services for visiting yachts and cruise ships.

    • ث- A certificate from a certified third party, proving the entity's compliance with the basic cybersecurity controls issued by the National Cybersecurity Authority.

  • 3- Providing other requirements deemed necessary by the Authority to obtain the license.

  • 4- The license will specify the services that the tourist maritime agent is allowed to provide and/or perform according to the terms and conditions, and whether they will operate as an agent for tourist cruise ships, an agent for yachts, or both.

  • 5- The tourist maritime agent for yachts must provide at least four services from the following ten services:

    • A- Completing entry and exit procedures from the geographical scope. (Mandatory)

    • B- Yacht leasing. (Compliance certificates for the International Safety Management Code are required, and a separate license must be issued by the Authority). Any yacht leasing establishment may apply for a leasing license provided they contract with a tourist maritime agent licensed by the Authority.

    • ت- Customs clearance. (Requires a license from the Zakat, Tax, and Customs Authority).

    • ث- Managing the crew of the tourist cruise ship, such as appointing or changing the crew of the tourist cruise ship and issuing visas for them, etc.

    • C- Managing and operating yachts.

    • H- Technical management, including repairs and conducting periodic maintenance.

    • خ- Providing services such as supplying provisions and others, excluding fuel, at tourist marinas or ports.

    • D- Refurnishing and interior design of the yacht.

    • ذ- Logistics services for visitors and yacht crew, such as transportation to and from the airport, flight bookings, and local and international yacht shipping.

    • ر- Mediation in buying and selling.

  • 6- The tourist maritime agent for tourist cruise ships must provide the following services:

    • A- Completing entry and exit procedures from the geographical scope. (Mandatory)

    • B- Providing services such as supplying provisions and others, excluding fuel, at tourist marinas or ports.

    • ت- Logistics services for visitors and the crew of the tourist cruise ship, such as transportation to and from the airport and flight bookings.

Article 6: Conditions and Terms for the Licensing of the Tourist Maritime Agent

  • 1- The agent must have at least two (2) years of experience as an agent for yachts or tourist cruise ships, and the authority may, at its discretion after reviewing his qualifications and experiences, exempt this condition.

  • 2- It is required that the establishment has a dedicated office in the Kingdom for conducting the activity and a national address.

  • 3- A list of yachts and tourist cruise ships contracted and owned by the agent must be submitted.

  • 4- It is not required for the agent of yachts and/or tourist cruise ships to be the owner or operator of the ships or yachts in general.

  • 5- The tourism maritime agent must pass the inspection visit by the authority's team.

  • 6- A valid municipal license issued by the Ministry of Municipalities and Housing or the relevant authority - depending on the location - such as the Royal Commission for Jubail and Yanbu and other related entities, for the office of the mentioned tourism maritime organizer in the claim.

Article 7: Requirements for Applying for a Yacht Rental Service License

  • 1- Tourist Maritime Agent:

    • A- The tourist maritime agent wishing to provide yacht rental services must have a valid license issued by the authority to operate in the geographical area, after fulfilling all requirements and procedures related to the service.

    • B- The process of issuing a yacht rental service license is done by submitting an application through the unified platform and attaching clear copies of supporting documents in Arabic. If the document is not available in Arabic, a translated copy into Arabic must be provided by a certified translator along with a copy of the original document and the following required documents:

    • Obtaining certificates of compliance with the International Safety Management Code.

  • 2- Yacht Rental Establishment:

    • A- The process of issuing a yacht rental service license is done by submitting an application through the unified platform and attaching clear copies of supporting documents in Arabic. If the document is not available in Arabic, a translated copy into Arabic must be provided by a certified translator along with a copy of the original document and the following required documents:

      • 1- A valid commercial register issued by the Ministry of Commerce in the Kingdom that includes the activity to be practiced, and the commercial register of the parent company if the application is for a branch of the company.

      • 2- A valid investment license issued by the Ministry of Investment or other relevant authorities such as the Economic Cities and Special Zones Authority in the Kingdom (in case the establishment is foreign or mixed).

      • 3- Contracting with a tourist maritime agent licensed by the Saudi Red Sea Authority.

      • 4- Obtaining certificates of compliance with the International Safety Management Code.

Article 8: Obligations of the Tourism Shipping Agent

  • 1- The tourist shipping agent is obligated to notify all visiting yachts or cruise ships and ensure their compliance with the following, including but not limited to:

    • A- No swimming in the port or marina or any location within the geographical area from sunset to sunrise.

    • B- No discharge of ballast water, sewage, or oily water in any location other than the facilities designated for these purposes and in the approved manner.

    • ت- No waiting or sailing in protected marine areas without obtaining a license from the competent authority and in accordance with the regulations and conditions of each reserve.

    • ث- All cruise ships or visiting yachts must comply with the number of crew members and equipment that meet international standards according to the classification issued to them and insurance requirements at all times upon arrival and throughout their stay.

    • C- The passenger capacity of the cruise ships or visiting yachts must be fully compliant with the classification and registration certificate issued to them by the flag state.

  • 2- The tourist shipping agent must, including but not limited to:

    • A- Ensure the performance of the tasks assigned to him.

    • B- Arrange for disembarkation permits from the cruise ship or yacht for the crew if contracted for that purpose.

    • ت- Coordinate with the competent authorities to facilitate the disembarkation of passengers from the cruise ship if contracted for that purpose.

    • ث- Conduct (or arrange for the conduct of) any necessary works or procedures required by the cruise ships or visiting yachts if contracted for that purpose.

    • C- Arrange for fuel supply with a provider approved by the Ministry of Energy and catering services and all other services and arrangements for cruise ships or visiting yachts if contracted for that purpose and comply with the approved fuel pricing issued by the competent authority.

    • H- Ensure that all cruise ships or visiting yachts have valid and comprehensive insurance covering the geographical area by verifying their insurance certificates to ensure they have coverage against civil liability, oil pollution, wreck removal, and third-party liability.

    • خ- Ensure that all cruise ships or visiting yachts carry valid certificates, such as classification certificates, registration certificates, and any other certificates in accordance with the requirements of the International Maritime Organization, the Transport General Authority, and other competent authorities.

    • D- Ensure that there is no unauthorized activity or operation.

    • ذ- Ensure the payment of any dues, taxes, fines, or other financial obligations on cruise ships or visiting yachts.

  • 3- The tourist shipping agent shall be responsible for acting as an intermediary between cruise ships or yachts and the authority and any other government entity to ensure compliance with the regulations and laws in force in the Kingdom and provide services, including but not limited to:

    • A- Facilitate entry and clearance procedures at all ports or marinas, as well as locations within the geographical area, including providing all passenger data through the unified platform for the purpose of completing any requirements related to visa issuance, customs declarations, and inspections and monitoring conducted by the port state, and preparing a list of passengers and crew members, as well as recording their passport numbers or ID numbers for Saudi citizens or residents.

    • B- Provide clear and sufficient information to tourists regarding trips and compliance with the regulations and laws in force in the Kingdom of Saudi Arabia in appropriate languages.

    • ت- Address any complaints from tourists and notify the authority as soon as possible.

    • ث- In case of emergencies or incidents, coordinate the necessary response efforts and contact the relevant authorities and provide support to cruise ships and yachts as well as crew and passengers.

  • 4- The tourist shipping agent must be the first point of contact for all tourists on board cruise ships and yachts docked at any port or marina or location within the geographical area.

  • 5- In emergency cases, the cruise ship or yacht is obligated to coordinate immediately with the relevant authorities in the Kingdom before entering the geographical area, and the visiting cruise ship or yacht must appoint a tourist shipping agent within (3) days from the date of its entry into the port or marina located within the geographical area and notify the authority of that.

  • 6- Crew and/or passengers of cruise ships or visiting yachts may disembark if they have completed the procedures for obtaining a valid visa, provided that the captain ensures that there is no shortage of the necessary crew to operate the cruise ships or visiting yachts or any violation of international safety requirements related to the operating crew, and he bears responsibility in this regard.
     

Article 9: Renewal, Amendment, Suspension, and Revocation of the License

  • 1- The Authority shall renew the License if the Agent fulfills all the requirements set by the Authority, taking into account the compliance record and the level of service provided. The Agent may also submit a request to renew their License at least (30) days before the expiration of the current License.

  • 2- The Licensee is obligated to submit a request for modification of the License in the event of any change in its legal entity, address, or services provided, after fulfilling all service requirements as stipulated by the Authority for the modification.

  • 3- The Authority reserves the right to refuse the renewal, suspend, or revoke the License if the tourism maritime Agent violates any provisions or obligations stated in the regulatory regulation and these controls and procedures, or engages in activities that pose a significant threat to safety and the environment, or if there is a decline in the level of services provided, or non-compliance with instructions or circulars issued by the Authority or relevant entities.

  • 4- The expiration, suspension, or revocation of the License shall not exempt the Licensee from fulfilling any obligations towards tourist cruise ships or yachts (as applicable) under their contract, including fees, charges, and penalties discovered within three months from the date of expiration, suspension, or revocation of the License.

  • 5- In the event of the rejection of the application for the License, the Authority shall notify the applicant, and the applicant may resubmit the application after fulfilling all requirements, obligations, and conditions.

Article 10: Financial Consideration for the License