Guideline for Describing Violations by Pilgrim Service Companies and Service Providers for Foreign Pilgrims and Their Corresponding Penalties

Opening of the Evidence

Objective of the Evidence

  • The Committee for Reviewing Violations of Services for Foreign Pilgrims plays a fundamental role in enhancing the Obligation of the companies of service providers and service providers for foreign pilgrims to fulfill their responsibilities towards the pilgrims arriving through them and to provide services to them at the required level and to continue their performance until their departure, and to comply with the provisions of the Law on Service Providers for Foreign Pilgrims and its Executive Regulation, as well as the quantitative and qualitative classification of services and the instructions issued by the Ministry of Hajj and Umrah, based on its supervisory role over the Hajj sector. Therefore, this Evidence aims to:

    • 1. Serve as a reference for guidance in reviewing violations and the corresponding penalties.

    • 2. Work on improving the performance of the companies of service providers and the employees working in them.

    • 3. Achieve all the objectives of the law and take all decisions implementing the law and the regulation.

The Legal Framework for the Guide

  • The System for Providers of Foreign Pilgrims issued under Royal Decree No. (M/111) dated 17/9/1440 and its amended executive regulations under Ministerial Decision No. (440521014) dated 20/5/1444 AH, along with the qualitative and quantitative classification guide.

The legal basis for the evidence

  • Based on Article (Nineteen) of the Implementing Regulation of the System for Providers of Hajj Services for Foreign Pilgrims, amended by Ministerial Decision No. (440521014) dated 20/5/1444 AH, which states in the subject of supervision in paragraph (1) that "the Ministry shall prepare a guide describing the violations and the corresponding penalties."

Scope of Evidence

  • Violations referred from the General Administration of Legal Affairs to the Committee for consideration are as follows:

    • 1. Consideration of violations by companies of service providers and companies providing services to the provisions of the Law on Service Providers for Foreign Pilgrims and its executive regulations, or instructions issued by the Ministry or decisions issued by the Ministry in implementation thereof referred to it by the authorized person and imposing the penalties stipulated in the law.

    • 2. Consideration of violations related to the provision of services by individuals with legal or natural status without obtaining the necessary licenses from the Ministry.

    • 3. Consideration of violations related to members of boards of directors, executive directors, or other employees in companies of service providers or companies providing services.

    • 4. If the violation submitted to the Committee involves a violation punishable under other laws, it must be referred by the authorized person to the competent authority to take the necessary legal action, and to make a decision regarding the violation unless it is determined that it is not possible to make a decision in one without the other.

Target Audience of the Evidence

  • The evidence targets the members of the committee reviewing violations by service providers for foreign pilgrims, the companies of the service providers, and the employees within them, as well as the related sectors.

Acceptance of Evidence and Its Effectiveness

  • The evidence is approved by His Excellency the Minister of Hajj and Umrah, and it shall be effective from the date of its approval.

Violations and Penalties

General Rules for Determining Penalties

  • 1. The Committee shall use this guide in determining the penalties stipulated in the Law on Service Providers for Foreign Pilgrims.

  • 2. The Committee may double any of the fines or suspension penalties mentioned in this classification - not exceeding the penalties prescribed in the law - in cases of the severity of the violation or if it is proven that the establishment has repeatedly committed the same violation in previous seasons.

  • 3. When imposing penalties, the circumstances surrounding the violation shall be taken into account.

  • 4. Penalties shall be multiplied for multiple violations, whether the violations are of the same type or different types.

  • 5. The Committee shall consider violations of any provisions of the law, regulation, or instructions issued by the Ministry that are not included in this guide and shall determine the appropriate penalty for them.

  • 6. The Committee has the authority to write to the relevant sector to address the concerned authorities regarding related violations within its jurisdiction.

Classification of Violations and Proposed Penalties

  • The violations have been classified based on the Law of Service Providers for Pilgrims from Abroad and its Executive Regulation, as well as the instructions issued by the Ministry, and the corresponding penalties have been established with minimum and maximum limits. This does not affect the Committee's authority to assess appropriate penalties for violators, including the imposition of any penalty for violating the provisions of the law, the regulation, or the instructions issued by the Ministry.

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