mawani_gov_sa · regulation · processed · 6 chunks
General Regulation for control and inspection Issued by virtue of the Board of Directors Decision No. (24/G3 / D1), dated (08/30/1440 AH) //Seal// Kingdom of Saudi Arabia MAWANI MAWANI Saudi Ports Authority Saudi Ports Authority Secretariat of the Board of Directors General Revalidation for control and insnection MAWANI الحيه العامه للمواني SAUDI PORTS AUTHORITY Contents Introduction 3 Article one: Definitions 3 Article Two: Purpose of Regulation 4 Article Three: Application of Regulation 4 Article Four: Electronic procedures 4 Article Five: Correspondence and Forms 4 Article Six: Control and Inspection Works 5 Article Seven: Organizational procedures for control 5 and inspection work Article Eight: Types of inspection 6 Article Nine: powers of inspector and observer 6 Article Ten: Violation application and approval 7 mechanism Article Eleven: Violation of the controls, conditions, 7 and codes of professional conduct Article Twelve: Remove reasons for violation 7 Article Thirteen: Objection to violations 7 Article Fourteen: General Provisions 7 Article Fifteen: Executive procedures manual 8 Article Sixteen: Approval and amendment of the 8 Regulation Article Seventeen: Effectiveness of the Regulation 8 @mawaniksa # # f in # # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 2 General Reaulation for control and insnection MAWANI الحيه العامه للمواني SAUDI PORTS AUTHORITY Introduction Based on the general regulation for licenses issued by the decision of the Board of Directors of the Saudi Ports Authority No. (5 / G1 / D1) on 10 / 03 / 1440 AH, which was granted the Authority to establish regulatory and supervisory regulations for the licensed activities that fall within the competencies of the Authority, these regulations, and rules that govern Supervising and inspecting the licensees to ensure that they perform their activities with high efficiency and quality. Article one: Definitions The terms and phrases hereunder shall have the meanings ascribed thereto unless the context indicates otherwise. Authority: Saudi Ports Authority Board: Board of Directors of the Saudi Ports Authority. Chairman of the Board: Chairman of the Board of Directors of the Saudi Ports Authority. President of Authority: President of Saudi Ports Authority Authorized Person: Board of Directors of the Saudi Ports Authority or their representative. Ports: All seaports in the kingdom except military and economic cities ports. Executive Regulations: Instructions governing the practice of licensed activities. Regulation: General Regulation of control and inspection of licensed activities General Directorate for control and inspection: It is the directorate responsible for controlling and inspecting the licensed activities. Inspector: is the person assigned by the General Directorate for Control and Inspection to conduct specific inspection rounds to ensure that the licensees comply with the terms, conditions, and requirements of the regulations for the licensed activities. Observer: The person assigned by the General Directorate for Control and Inspection to monitor the activities of the licensees and to monitor and report observations and violations. License: An approval issued by the Authority to a person of a natural or legal capacity to conduct an activity or provide a port operation service. Authorized Persons: Persons of natural or legal nature to whom licenses are issued by the Authority. @mawaniksa # # f in # # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 3 General Revalidation for control and insnection SAUDI ARS MAWANI اللغه العامه للعلوgan SAUDI PORTS AUTHORITY Port operation services: The activities and services provided by licensees to port users. Article Two: Purpose of Regulation This Regulation aims to lay down the general rules that govern the requirements and procedures for control and inspection work on the licensees to ensure that their work and activities are carried out with quality and efficiency that ensure customer satisfaction and standardize implementation mechanisms to provide a reference that ensures transparency and clarity in the control and inspection procedures according to the following: 1. Follow up compliance with the application of regulations, rules and instructions for each licensed activity. 2. Enhancing cooperation and trust in dealing between the licensees and the Authority to create a work environment free of violations. 3. Raising the level of public awareness of the employees working for licensee of the Authority regulations and instructions. 4. Clarity of control and inspection mechanisms and processes for all parties. 5. Providing the subject to control and inspection with information and instructions for the implementation of regulations and systems. 6. Standardizing monitoring and inspection procedures to eliminate personal judgment. 7. Providing solutions or suggestions that support the positive aspects and reinforce them, and how to overcome the negative aspects. Article Three: Application of Regulation This Regulation applies to all activities licensed by the Saudi Ports Authority. Article Four: Electronic procedures The licensee shall use the electronic systems and applications specified by the Authority and link with it and with other related parties, and to pay the resulting fees. Article Five: Correspondence and Forms All correspondence with the authority shall be on publications clearly bearing (name of the establishment/commercial registration number/license number/its address, contact numbers, e-mail, and website address) provided that it is in Arabic and @mawaniksa # # f in # # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 4 General Regulation for control and insertion MAWANI الهييه العامه لل муاكن SAUDI PORTS AUTHORITY English may be used alongside, and the licensee shall be responsible in case of amending any addresses without informing the Authority of that amendment. Article Six: Control and Inspection Works The licensees shall provide the necessary facilities to the employees of control and inspection of the Authority and enable them to enter the places in which he carries out his activities and business, to see the relevant documents and records, and to verify his employees. Article Seven: Organizational procedures for control and inspection work Control Regulatory procedures 1. Control over the licensed activities takes place throughout the day. 2. Ensure that the licensed work is in progress in accordance with the terms and requirements of the license issued to them. 3. Record the violation on the form prepared for this and report it to the General Directorate of Control and Inspection. 4. Report previous violations whose causes have not been removed. Inspection Regulatory procedures 1. Develop plans and schedules for inspection tours according to the type of inspection to be performed and according to the special form for each type of inspection. 2. Prepare schedules (monthly, quarterly, semi-annually, and annually) to conduct periodic inspection tours on the licensee. 3. Record violations during the inspection tours and submit them to the General Directorate of Control and Inspection for approval. 4. Follow up on the causes of previous violations and ensure that they are removed and corrected. 5. Prove the violation and record it on the approved form. 6. The absence of the licensee or his representative while carrying out the inspection work shall not be considered an obstacle to issuing the violation. @mawaniksa # # f in # # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 5 General Regulation for control and inspection MAWANI الحييه العامه لل муاكن SAUDI PORTS AUTHORITY Article Eight: Types of inspection Periodic (regular) inspection: 1. This type of inspection is concerned with the extent of the licensee's commitment to all licensing requirements and conditions, for example without limitation (papers and documents required for licensing, Saudization percentage and the provision of a headquarter for the licensee) through scheduled visits (monthly - quarterly - semi-annually - annually) reported to the licensee. 2. This inspection is also concerned with the outputs or results achieved and comparing them with data and performance indicators for the licensee, provided that the following criteria are adopted in evaluating performance: • Measuring the current performance of a licensee with a previous similar spar. - comparing the performance of licensee with any other licensee conducting a similar activity under similar circumstances. - Comparison is based on the licensee's previously planned or targeted performance with the actual performance at the time of the inspection. Tracer Inspection: It is to ensure that the violations that have been detected in the audit work are removed, and this visit takes place according to the period specified in the Violation Evidence Form. Surprise inspection: It is based on a complaint against the licensee or based on a circular issued by the Authority previously notified of it without informing the licensee of the date of the visit. Article Nine: Powers of the observer and the inspector Powers of the Observer: • Monitor licensees' performance throughout the day. • Record the violation and photograph it if necessary as a proof. Powers of the Inspector - Access all records and documents, or any other paper related to work, making copies of it if necessary. - Ask the licensee or his representative about any matter related to his mission. - Issue violations that appear during the inspection work against the licensee, if any. @mawaniksa # # f in # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 6 General Regulation for control and insertion MAWANI الحيه العامه للمواني SAUDI PORTS AUTHORITY Article Ten: Violation application and approval mechanism All violations issued against the licensee are subject to the penalties and fines mentioned in the General Regulations for Licenses and Regulations for each activity. Article eleven: Violation of the controls, conditions, and codes of professional conduct - The Authority has the right to apply the legal procedures for violating the terms and conditions of licenses and the rules of professional conduct according to the severity of the violation and the assessment of the Authority. - The licensee shall abide by all instructions and circulars issued by the Authority and comply with all regulations followed in the Kingdom of Saudi Arabia and other rules related to his duties and activities. Article Twelve: Remove reasons for violation licensee shall remove the causes of the violation within a period to be specified in the violation notice by the General Directorate of Supervision and Inspection. Article Thirteen: Objection to violations The licensee has the right to object to the violations issued against him within (30) days from the date of their issuance before the committee stipulated in paragraph (fourth) of Article (sixteen) of the General Licensing Regulations. Article Fourteen: General Provisions 1. Taking into account the requirements of the regulations and the powers of other relevant authorities, the Authority General Directorate of Control and Inspection is the directorate responsible for monitoring and inspecting all licensed services and activities. 2. Control and inspection employees shall be present at each port to follow up on the monitoring and inspection work. 3. Carrying out monitoring and inspection of activities licensed by the Authority is not an exemption from any control or inspection of other parties related to the licensed activities or compliance with the provisions of any other relevant laws or regulations. @mawaniksa # # f in # # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 7 General Regulation for control and insertion MAWANI الحيه العامه للمواني SAUDI PORTS AUTHORITY Article Fifteen: Executive procedures manual The Authority prepares a manual to the executive procedures for monitoring and inspecting the licensed activities in accordance with the regulations of each type of license, and it shall be implemented after approval by the president of the Authority. Article Sixteen: Approval and amendment of the Regulation This Regulation or any amendments thereto, whether by deletion, addition, or cancellation, shall be approved by the board of directors, and he has the right to delegate the chairman of the board or the president of the Authority with the powers he deems appropriate. Article Seventeen: Effectiveness of the Regulation The provisions of this Regulation shall take effect after (30) days from the date of its issuance, and all provisions that contradict it shall be repealed. //Seal// Kingdom of Saudi Arabia Ports MAWANI Saudi Ports Authority Saudi Ports Authority secretariat of the Governing Council @mawaniksa # # f in # # Issued by virtue of the Board of Directors Decision www.mawani.gov.sa No. (24/G3 / D1), dated (08/30/1440 AH) 8