mawani_gov_sa · regulation · processed · 29 chunks
MAWANI
SAUDI PORTS AUTHORITY
موازن
العلامه للمواني
Regulations for Ship Chandlers
(Exclusive of all Types of Fuel)
Issued pursuant to Board of Directors Resolution No. (7/G1/D1), dated (10/3/1440H)
And modified pursuant to Board of Directors Resolution No. (63/G7/D1), dated (3/11/1441H)
No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI PORTS AUTHORITY
Contents
<table><tr><td>Article Number</td><td>Article Name</td><td>Page Number</td></tr><tr><td>Article 1</td><td>Definitions</td><td>4</td></tr><tr><td>Article 2</td><td>Purpose of the Regulations</td><td>5</td></tr><tr><td>Article 3</td><td>Scope of Application</td><td>5</td></tr><tr><td>Article 4</td><td>Licensing Controls</td><td>5</td></tr><tr><td>Article 5</td><td>Duties of Ship Chandlers</td><td>5</td></tr><tr><td>Article 6</td><td>Terms of License Issuance and Renewal</td><td>5</td></tr><tr><td>Article 7</td><td>Procedures for License Issuance and Renewal</td><td>7</td></tr><tr><td>Article 8</td><td>License Suspension or Cancellation</td><td>7</td></tr><tr><td>Article 9</td><td>License Scope</td><td>8</td></tr><tr><td>Article 10</td><td>Legal Entity for Chandler</td><td>8</td></tr><tr><td>Article 11</td><td>Financial Dues</td><td>8</td></tr><tr><td>Article 12</td><td>Compliance with Instructions</td><td>8</td></tr><tr><td>Article 13</td><td>Working Hours</td><td>9</td></tr><tr><td>Article 14</td><td>General Professional Code of Ethics</td><td>9</td></tr><tr><td>Article 15</td><td>Violation of Professional Code of Ethics, Controls, and Conditions</td><td>9</td></tr><tr><td>Article 16</td><td>Correspondence and Forms</td><td>9</td></tr><tr><td>Article 17</td><td>Electronic Procedures</td><td>9</td></tr><tr><td>Article 18</td><td>Chandler Performance Indicators</td><td>10</td></tr><tr><td>Article 19</td><td>Control and Inspection</td><td>10</td></tr><tr><td>Article 20</td><td>License Renewal after Suspension</td><td>10</td></tr><tr><td>Article 21</td><td>Annual Reports</td><td>10</td></tr><tr><td>Article 22</td><td>Disputes between Ship Chandlers and other Parties</td><td>10</td></tr><tr><td>Article 23</td><td>Approval of the Regulations and their Amendments</td><td>11</td></tr></table>
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI POETS AUTHORITY
<table><tr><td>Article 24</td><td>Entry into Force</td><td>11</td></tr><tr><td>Article 25</td><td>Violations and Fines</td><td>11</td></tr></table>
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI PORTS AUTHORITY
Introduction
In light of the General Regulations for Licenses issued by decision No. (5/G1/D1), dated 10/3/1440H, of the Board of Directors of the Saudi Ports Authority, which granted the authority to establish supervisory regulations for licensing activities, these Regulations and rules governing the activity of ship chandelling (exclusive of all types of fuel) have been drafted to organize and categorize ship chandelling to ensure that it is practiced with high efficiency and quality.
Article 1: Definitions
The following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
Licensing Department: The department responsible for issuing and renewing licenses.
Control and Inspection Department: The department responsible for monitoring and inspecting the licensees.
Ship Chandler (the Chandler): Entity licensed by the Saudi Ports Authority to offer chandelling services, exclusive of all types of fuel, inside the ports of the Kingdom of Saudi Arabia
License: Document issued by the Licensing Department at the Saudi Ports Authority to engage in ship chandelling activities, exclusive of all types of fuel, in the ports of the Kingdom of Saudi Arabia.
Financial Dues: The value that the Saudi Ports Authority collects from the licensees for issuing or renewing their licenses.
Inspector of Ship Chandelling Activity: Any person assigned by the Control and Inspection Department at the Saudi Ports Authority to ensure that chandlers adhere to the provisions and requirements of the Regulations.
Foreign Investor: Any natural person who is not a holder of the Saudi Arabian nationality or any legal person whose partners are not all holders of the Saudi Arabian nationality.
Assignment Contractors: Station and piers operators and lessees of maritime equipment.
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI PORTS AUTHORITY
Article 2: Purpose of the Regulations
These Regulations aims at specifying the proper standards for providing ship chandelling services, exclusive of all types of fuel, which the chandler shall adhere to with current and potential customers.
Article 3: Scope of Application
These Regulations applies to all ship chandlers licensed by the Saudi Ports Authority to offer chandelling services, exclusive of all types of fuel, in the Kingdom of Saudi Arabia.
Article 4: Licensing Controls
1. The Licensing Department shall issue or renew licenses, set conditions and controls, and any other related activities that are provided by ship chandlers.
2. The mechanism for issuing violations and fines shall be in accordance with the provisions of Article 16 of the General Regulations for Licenses.
Article 5: Duties of Ships Chandlers
1. Providing ships with supplies, necessary tools, and spare parts.
2. Providing ships with navigational tools and supplies, navigational maps, office materials and equipment, cleaning materials for accommodation areas, and any materials and subsistence supplies for the ship crew.
Article 6: Terms of License Issuance and Renewal
First: Conditions for issuing a new license or renewing an existing license shall be fulfilled when submitting the application online to the Saudi Ports Authority, as follows:
1. ID number of the manager/authorized person, which is associated with the entity's commercial registration.
2. A valid commercial registration number, with the activity title added (ship chandlers, exclusive of all types of fuel) as per the ISIC code number: (522924).
3. Valid registration in the Zakat, Tax and Customs Authority (ZATCA).
4. Paying the fees for issuing or renewing the license.
5. With regard to the foreign investor, taking into consideration the Foreign Investment Law and relevant regulations.
- The license applicant shall abide by the following (electronically):
- All instructions and regulations issued by the Saudi Ports Authority and the port departments in which it operates.
- Provide all information and data, as requested by the Saudi Ports Authority.
- Develop, train, and empower Saudi human resources to assume leadership positions.
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
موانس
MAWANI
الحيه العامه للموانس
SAUDI PORTS AUTHORITY
- Provide all information and data in the event of any material changes occurring in the entity during the validity period of the license.
- Assume full responsibility as liable for any actions or negligence that occurred personally or by one of his users that harms the port or its facilities, or any damages that affect the port's employees or any third party within the port's perimeter, and that he shall compensate any losses resulting from such actions or negligence without restriction or condition.
- Pay and settle all financial obligations to the Saudi Ports Authority, the port in which he provides services, and the Assignment Contractors, within 15 days from the date of issuing any invoice or financial claim.
- Show contact information with the Saudi Ports Authority to receive complaints and comments through its official channels by communicating with the Beneficiary Service and the authority's e-mail
mawanicare@mawani.gov.sa
- Provide the service within a period not exceeding 90 days from the issuance or renewal of the license.
Second: Conditions and requirements shall be met when conducting the activity at the port, as follows:
1. Submit an irrevocable, unconditional, and unrestricted bank guarantee in favor of the port department in which the activity is to be carried out, in an amount of 200,000 riyals, valid for the period of validity of the license and three months after its expiration.
2. A statement of the individuals who are qualified to assume responsibility and carry out the duties related to the work of ship chandelling satisfactorily, including the duties and responsibilities specified in the Customs Law, the instructions of the border guards and health agencies, and all applicable regulations and instructions in the ports of the Kingdom, with a copy of their
Identity Cards (IDs), including their job titles and duties.
Article 7: Procedures for License Issuance and Renewal
1. Any application for a new license or license renewal shall be submitted through the online platform designated for this purpose after fulfilling the following:
a. Fill out the application information via the online platform.
b. Attach copies of the required documents mentioned in the terms and conditions for issuing a new license or renewing an existing license when submitting the application.
c. The Saudi Ports Authority collects an amount of 10,000 riyals for both license issuance and renewal.
d. Chandler shall submit a request to renew the license 60 days before its expiration date, and if the application is submitted after its expiration date, a fine will be imposed.
e. The license will be canceled and written off from the records after two months from its expiration date if the chandler does not submit a renewal request.
2. The license is valid for 36 months from the date of issuance.
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI PORTS AUTHORITY
Article 8: License Suspension or Cancellation
The Saudi Ports Authority has the right to suspend or cancel the license in any of the following cases:
1. The licensee's request.
2. Non-compliance with the applicable regulations in the Kingdom of Saudi Arabia and other rules related to the licensee's duties and activity as a ship chandler.
3. Violation of the rules governing the transactions and proper behavior.
4. Infringements or existing violations reported to the Authority.
5. If it is established to the Saudi Ports Authority that the licensee obtained the license based on incorrect information or documents.
6. If the licensee loses the license or does not comply with one or more of the licensing conditions.
7. Dissolution, liquidation, expiration, bankruptcy, or interdiction of the legal person of the licensee by judicial order, or its removal from the Commercial Registry.
8. Failure to comply with any of the undertakings made upon obtaining the license.
9. If the foreign investor's license is canceled by the Saudi Arabian General Investment Authority.
Article 9: License Scope
The license issued to the ship chandler shall be valid for work in all ports of the Kingdom of Saudi Arabia, with the obligation to submit a bank guarantee for each port separately and to fulfill all other requirements in accordance with the terms and requirements mentioned in Article 6 of these Regulations.
Article 10: Legal Entity for Chandler
The chandler shall obtain prior approval from the Saudi Ports Authority to maintain the validity of the license if its legal entity is modified, and the Authority may, at its discretion, approve or decline the continuation of the license validity if the amendment is made without its prior knowledge.
Article 11: Financial Dues
The chandler shall pay the amounts owed to the Saudi Ports Authority, the port departments, or assignment contractors within 15 days from the date of issuing the invoice. In the event of non-compliance with payment on time, the following actions shall be taken:
1. Imposing a fine.
2. If the chandler defaults on payment within 15 days from the date of imposing the fine, the debt and fine amount shall be deducted from the bank guarantee with the chandler being liable to return the amount of the guarantee to its prescribed amount.
3. If the amounts owed exceed the value of the bank guarantee and the chandler failed to pay, the chandler's activity will be suspended, and his license will not be activated until after all owed debts are paid and a new bank guarantee is submitted.
4. If the chandler continues to default on payment or provide the required guarantees, the license will be permanently canceled, and legal actions will be taken to collect the debt.
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI PORTS AUTHORITY
Article 12: Compliance with Instructions
The licensee shall implement the instructions and circulars issued by the Saudi ports Authority and adhere to all the regulations in force in the Kingdom. In case of non-compliance with these instructions, the Authority is entitled to a warning, impose a fine, or both, or to suspend or cancel the license.
Article 13: Working Hours
The working hours of the chandler shall be in line with the official working hours of the bodies associated with performing his work locally. The chandler shall also adhere to working on Saturdays and official holidays in the Kingdom of Saudi Arabia.
Article 14: General Professional Code of Ethics
1. The chandler shall perform his services vigorously and effectively, with honesty, integrity, accuracy, professionalism, and complete impartiality.
2. The chandler shall conduct his activities as required, avoiding any illegal practices that violate the applicable regulations and instructions or that may cause suspicion.
3. The chandler shall report any unlawful practices while performing his services.
4. The chandler shall take appropriate measures to ensure the confidentiality of documents and information.
5. The chandler shall work towards fulfilling the objectives of The Saudi Ports Authority and achieve the public interest.
Article 15: Violation of Professional Code of Ethics, Controls, and Conditions
The Saudi Ports Authority has the right to implement the applicable actions over violations or non-compliance with the controls and conditions of licensing and the professional code of ethics, even if there is no explicit provision regarding such rules in the Regulations individually or collectively. Such actions shall be in accordance with the severity of the violation and the Authority discretion.
Article 16: Correspondence and Forms
All correspondence and forms related to the chandelling activity shall be on publications clearly bearing: (name of the entity/commercial registration number/license number/address, contact numbers, e-mail, and website address), provided that they are in Arabic, and English may be used alongside.
Article 17: Electronic Procedures
First: The chandler shall abide by the regulations in force at the ports, customs, and relevant agencies, and shall pay the resulting financial dues.
Second: The chandler shall not use cash transactions during any payment and refund process, and he shall deal with the instant electronic means of collection and payment approved in the Kingdom of Saudi Arabia.
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
MOJAN MAWANI
الحيه العامه للفواني
SAUDI PORTS AUTHORITY
Article 18: Chandler Performance Indicators
The Control and Inspection Department shall evaluate the performance of the licensee annually as per the approved Chandler Performance Indicators, to identify the added value of the ports by the chandlers and the extent of their compliance with the relevant regulations and decisions.
Article 19: Control and Inspection
The chandler shall provide the necessary facilities to the Saudi Ports Authority inspectors in charge of monitoring and inspection, including entering the places in which he carries out his activities and work, examining the documents and records, and verifying the identity of his employees. In case of violation, a warning shall be issued or a fine, or both, or the license is suspended or canceled.
Article 20: Renewing License after Suspension
Any person whose license that has been permanently canceled previously for reasons of non-compliance with the terms and controls of the license, or as a result of violations that necessitated the cancellation of the license, shall not apply for a new license from The Saudi Ports Authority before (3) years from the date of suspending the previous license.
Article 21: Annual Reports
The chandler shall submit a detailed annual report showing the volume of his work during the year to the Licensing Department at the Saudi Ports Authority. If these reports are not submitted within 4 months of the end of the fiscal year, the Authority is entitled to issue warning, impose a fine, or both, or suspend or cancel the license.
Article 22: Disputes between Ship Chandlers and other Parties
Disputes arising from transactions between the chandler and the maritime agent or the owners and chandlers of ships or the business sector shall be referred to the competent courts.
Article 23: Approval of the Regulations and their Amendments
These Regulations, and any amendments thereto, including deletion, addition, or cancellation, shall be approved by the Board of Directors or whomever it designates.
Article 24: Entry into Force
The provisions of these Regulations shall enter into force within 30 days from the date of its issuance and shall repeal any provisions conflicting therewith. The chandlers who obtained licenses before the issuance of these Regulations shall arrange their conditions and adapt to the controls stated by these Regulations within 3 months from the date of its issuance.
Article 25: Violations and Fines
1. Violation of Paragraph (d) of Article 7:
In the event of a violation, a fine of 500 riyals shall be imposed for each day of delay, starting from the day following the date of license expiration.
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No.: 1/38/91089, Date: 1/12/1441H, Number of Attachments: *Pages: 12
Regulations for Ship Chandlers (Exclusive of all Types of Fuel)
SAUDI PORTS AUTHORITY
2. Violation of Article 11:
Without prejudice to the provisions of Article 11, the financial fine shall be calculated for each unpaid invoice during the period stipulated in the article as follows:
<table><tr><td>SN.</td><td>Invoice Amount</td><td>Fine for each invoice</td></tr><tr><td>1</td><td>1 to 10,000 riyals</td><td>500 riyals</td></tr><tr><td>2</td><td>10,001 to 25,000 riyals</td><td>1,250 riyals</td></tr><tr><td>3</td><td>25,001 to 50,000 riyals</td><td>2,500 riyals</td></tr><tr><td>4</td><td>50.001 to 100,000 riyals</td><td>5,000 riyals</td></tr><tr><td>5</td><td>More than 100,000 riyals</td><td>10,000 riyals</td></tr></table>
3. Violation of Article 12:
1. Issuing a warning.
2. Imposing a financial fine, with a minimum of 500 riyals, and a maximum of 50,000 riyals.
3. Suspension for a period not exceeding 12 months from the date of the violation.
4. License cancellation.
4. Violation of Article 15:
1. Issuing a warning
2. Imposing a financial fine, with a minimum of 500 riyals, and a maximum of 50,000 riyals.
3. Suspension for a period not exceeding 12 months from the date of the violation.
4. License cancellation.
5. Violation of Article 19:
In the event of a violation, a warning shall be issued, or imposing a fine of 25,000 riyals, or suspension for a period not exceeding 12 months, or the license will be canceled.
6. Violation of Article 21:
In the event of a violation, a warning shall be issued, or imposing a fine of 5,000 riyals, or both, or suspension for a period not exceeding 12 months, or the license will be canceled.
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