mawani_gov_sa · regulation · processed · 27 chunks
MAWANI
SAUDI PORTS AUTHORITY
[Non-Text]
موازن
الطينه العامه للمواني
Regulations for Leasing Property of the
Saudi Ports Authority
MAWANI
العامه العامه للعوايي
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
<table><tr><td colspan="4">Document Approval Record</td></tr><tr><td>Version</td><td>Approval Authority</td><td>Approval Number</td><td>Approval Date</td></tr><tr><td>1</td><td>Board of Directors</td><td>61/G7/D1</td><td>3/11/1441H</td></tr><tr><td>2</td><td>Board of Directors</td><td>108/G11/D1</td><td>8/1/1443H</td></tr><tr><td>3</td><td>Board of Directors</td><td>169/G17/D2</td><td>25/5/1444H</td></tr><tr><td>4</td><td>Board of Directors</td><td>213/G22/D2</td><td>25/3/2024AD</td></tr></table>
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MAWANI
العليه العامه للعلون
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
Contents
First: Preamble 4
Article 1: Definitions 4
Article 2: Purpose of the Regulations 6
Article 3: Scope of Application 7
Article 4: General Provisions 7
Second: Provisions Pertaining to Leasing the Authority's Property 8
Article 5: Procedures for Leasing the Authority's Property 8
Article 6: Controls for Leasing the Authority's Property 9
Article 7: Obligations of the Tenant 11
Article 8: Provisions for Guarantees 12
Article 9: Leasing Value of the Authority's Property 14
Article 10: Transfer of Fixed Assets 15
Article 11: Reviewing the Leasing Prices of the Authority's Property 16
Third: Provisions Pertaining to Leasing Residential Units 16
Article 12: Powers of Leasing a Residential Unit 16
Article 13: Leasing Term of a Residential Unit 16
Article 14: Leasing Value of Residential Units 16
Article 15: Leasing Residential Units to Government Agencies and Private Sector 17
Article 16: Maintenance and Renovations of Residential Units 17
Article 17: Residential Unit Handover by the Resident 17
Fourth: Final Provisions 17
Article 18: Electronic Procedures 17
Article 19: Correspondence and Forms 18
Article 20: Relevant Laws 18
Article 21: Approval of the Regulations and their Amendments 18
Article 22: Entry into Force 18
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MOJAN
MAWANI
العامه العامه للعولم
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
First: Preamble
The Authority, in line with its Statute issued by the Council of Ministers Resolution No. (299), dated 11/6/1439H, aims to manage its property as attractive projects for investment, and, for that purpose, the Authority shall set relevant rules and regulations. To this end, these Regulations are established to regulate leasing procedures of the Saudi Ports Authority's property, to select between applications, unify the implementation process, and provide a reference that ensures transparency and clarity of procedures.
Article 1: Definitions
In these Regulations, the following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise:
<table><tr><td>Kingdom:</td><td>Kingdom of Saudi Arabia.</td></tr><tr><td>Authority:</td><td>Saudi Ports Authority.</td></tr><tr><td>Board of Directors:</td><td>Board of Directors of the Authority.</td></tr><tr><td>President:</td><td>President of the Authority.</td></tr><tr><td>Authority's Property:</td><td>All fixed and movable assets owned by the Authority or allocated thereto in accordance with relevant regulations and instructions.</td></tr><tr><td>Fixed Assets:</td><td>All buildings, structures, equipment, and installations that are immovable or whose relocation may cause significant damage to the facility, or rendering the property unsuitable for its intended purpose.</td></tr><tr><td>Movable Assets:</td><td>All machinery, motor vehicles, equipment, and other movable assets.</td></tr><tr><td>Residential Units:</td><td>The residential complex or unit designated for accommodation, whether owned by or allocated to the Authority, as per regulations and instructions.</td></tr><tr><td>Leasing:</td><td>The leasing of the Authority's property to develop, operate, manage, and/or utilize in value-added projects, benefiting from their returns, in accordance with these Regulations and relevant laws.</td></tr><tr><td>Contract:</td><td>The lease contract for the Authority's property, concluded between the Authority and the tenant with the objective of developing, operating, managing, and/or utilizing it within</td></tr></table>
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MAWANI
العلنيه العامه للعواني
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
<table><tr><td></td><td>value-added projects for a predetermined term, and in exchange for a specified rental amount as per these Regulations and relevant laws.</td></tr><tr><td>Tenant:</td><td>A natural or legal individual or entity who is bound to the Authority through a concluded contract and endowed with the privilege to engage in commercial and investment pursuits, in accordance with laws and regulations.</td></tr><tr><td>Month:</td><td>One Gregorian month.</td></tr><tr><td>Year:</td><td>One Gregorian year.</td></tr><tr><td>Resident:</td><td>The tenant of a residential unit owned by or allocated for the Authority.</td></tr><tr><td>Service Sites:</td><td>The sites that are unrelated to the operational functions of the port and do not impact its strategic objectives. Such service sites may include gas stations, parking lots, supermarkets, and the like.</td></tr><tr><td>Project:</td><td>Developing, operating, managing, and/or utilizing the Authority's property subject of the contract with the aim of achieving an added value for the Authority.</td></tr><tr><td>Lands:</td><td>These lands include either reclaimed lands prepared for utilization in accordance with the Authority's approved specifications or non-reclaimed lands that lack certain operational requirements and require infrastructure services.</td></tr><tr><td>Submerged Lands:</td><td>Lands that are below sea level or covered in water, lacking infrastructure services for which tenants assume responsibility for them when leasing.</td></tr><tr><td>Docks:</td><td>Within the context hereof, docks serve the primary activity of the project for which the tenant is authorized to engage in on the leased lands. The utilization of docks is restricted solely to the requirements of the nature of the project's work.</td></tr><tr><td>Ports:</td><td>All seaports in the Kingdom, other than military ports and economic city ports.</td></tr><tr><td>Authority Matrix:</td><td>The matrix endorsed by the Board of Directors, regulating the responsibility of financial and administrative decision-making</td></tr></table>
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العلنيه العامه للعوايي
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
Authorized Person:
as well as delineating the levels of authority, including any subsequent amendments.
The person authorized with specific powers in accordance with the financial regulations, the power matrix, or a special designation issued by the Board of Directors or the Chairman.
Article 2: Purpose of the Regulations
These Regulations aim to establish the rules governing the requirements and procedures for leasing the Authority's property through the following:
1. Prioritizing and standardizing mechanisms and procedures for leasing the Authority's property, while ensuring the provision of equality and equal opportunities.
2. Utilizing the Authority's property through value-adding projects.
3. Focusing on the economic aspects that will result from leasing the Authority's property.
4. Leasing at equitable and competitive rates to attain the highest level of efficient utilization of the Authority's property.
5. Enhancing transparency and flexibility in all stages of the leasing procedures.
Article 3: Scope of Application
These Regulations shall apply to all property owned by the Authority, encompassing lands, buildings, offices, warehouses, docks, tanks, silos, industrial and commercial facilities, residential complexes, service sites and the like, as well as machinery, motor vehicles, equipment, and other movable assets.
Article 4: General Provisions
1. The Authority shall prepare standardized contracts for leasing its property.
2. The Authority shall have the right to oversee projects conducted on its property, ensuring adherence to approved conditions, specifications, and plans until the execution of projects is completed.
3. The Authority shall have the right to conduct inspections of its leased property throughout the contractual period to verify the tenant's compliance with contractual obligations and securing necessary licenses and permits from the Authority or relevant entities.
4. The Authority shall have the right to approve the allocation of land and facilities to government agencies, charitable organizations, and non-profit entities. The Authority shall exempt such agencies, organizations, and entities from leasing values based on the actual needs of these entities
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العلنيه العامه للعلون
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
and in line with relevant decisions and regulations, provided that when these entities no longer require the allocated spaces, they shall go back to the Authority.
5. Leasing lands inside customs areas in commercial ports for the establishment of industrial facilities shall be prohibited. However, the Authority may grant permission to establish such facilities if the nature of the industrial facility necessitates its technical presence within the customs area of the commercial port and serves the port's objectives, provided that the tenant fulfills all requirements and necessary approvals.
6. Storing hazardous materials in ports and logistics areas shall be prohibited, except under permissions granted in accordance with the Dangerous Goods Code and all regulations issued by relevant entities and after obtaining approvals from the relevant authorities.
Second: Provisions Pertaining to Leasing the Authority's Property
Article 5: Procedures for Leasing the Authority's Property
1. The Authority shall categorize the available leasable lands based on their suitability for intended purposes, classify them according to specific activities, and designate suitable locations and areas for each activity, taking into consideration the distinct features and locations of these lands. This process shall be in accordance with the ports' master plan, which outlines future expansion plans, the lands required for development and expansion projects at each port, and the feasibility studies submitted for such projects.
2. Leasing the Authority property shall be in accordance with the following procedures:
A. Direct Leasing:
Except for service sites, the leasing of the Authority property shall be conducted through direct leasing, adhering to the following process:
1. The lease application is electronically submitted via the Authority's website or platform designated for this purpose.
2. The lease application must be accompanied by valid legal documents as per the requirements outlined on the Authority's website or the designated platform. The Authority shall have the right to request additional information or documents pertaining to the submitted application.
3. The lease applicant shall submit a surveying report of the site intended for lease, conducted by one of the approved specialized engineering offices, after obtaining prior written approval from the Authority for the chosen engineering office.
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العلنيه العامه للعلون
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
4. The lease application shall include an initial, irrevocable, and unconditional bank guarantee in favor of the Authority, amounting to 5% of the annual rental value and valid for a period of 3 months; renewable at the request of the Authority.
5. The Authority shall examine the lease application, taking the following into consideration:
a. Suitability of the leasing purpose for the port's objectives, its alignment with port operations, and its potential to enhance the demand for port services.
b. Availability of the required leasable space in line with the type and nature of the project.
c. Assessing the technical and financial solvency of the entity applying for lease, in addition to its expertise in the relevant project activity.
6. The Authority shall review the submitted documents attached with the application to ensure compliance with the stipulated requirements and leasing criteria.
7. Upon completion of the review process, the Authority will notify the lease applicant of either approval and the subsequent steps, or rejection with clarifying reasons. The Authority shall decide on lease applications within a maximum of 60 days from the date of submission.
8. The initial bank guarantee shall be refunded to the lease applicant upon approval by the Authority and completion of the remaining procedures, or in case the application is rejected by the Authority.
B. Lease by Public Auction:
Service sites that are leased by public auction shall be conducted as follows:
1. The Authority identifies investment opportunities for service sites and sets the conditions and specifications for leasing prior to their offering.
2. The service sites designated by the Authority are auctioned publicly via the Authority's website or the designated platform, in accordance with procedures outlined in applicable laws and regulations.
3. If only one offer is received during the stipulated period, the announcement shall be reposted. If only one offer is received after reposting, the award procedures for this offer shall be finalized following approval from the authorized person.
4. If no offers were received during the statutory period, the announcement shall be reposted. If no applications are received after reposting, the Authority may proceed with direct contracting following approval from the authorized person.
Article 6: Controls for Leasing the Authority's Property
1. Without prejudice to the authority matrix approved by the Board of Directors, the lease term for the Authority's property shall not exceed 30 years, renewable by mutual agreement. Upon contract
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العلنيه العامه للعلون
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
extension, the Authority shall have the right to review the rental value in accordance with the prices listed in these Regulations and any amendments thereto. As for project contracts involving fixed assets or infrastructure investments, the contract term shall be for a minimum of 20 years, and may be renewable or extended by mutual agreement. At the commencement of the contract, the tenant may be exempted from paying the rental value to facilitate improvement, construction, or other necessary works for a period not exceeding 2 years from the contract's initiation date.
2. Any fixed assets installed by the tenant shall remain under his control during the contract term, and in the event of contract extension for a similar period, without consideration of their rental value.
3. All fixed assets shall be transferred to the Authority at the end of the contract if there is no intention to extend the contract, as stipulated in Article 10 of these Regulations.
4. The Board of Directors, as the highest body overseeing the conduct of the Authority's affairs, shall exercise all powers and take decisions necessary to achieve its objectives, including:
a. Adjusting the prices outlined in Article 9 of these Regulations based on a business case study submitted to the Board.
b. Exempting the tenant from paying the rental value at the onset of the contract to facilitate improvement, construction, or other necessary works for a period not exceeding 5 five years of the contract term, contingent upon the project's nature.
5. If the facility ceases to operate for a period of 12 months, or if the tenant fails to complete the project or fulfill his contractual obligations, the situation shall be addressed as follows:
a. A high-level committee comprising relevant parties shall be formed to examine the situation and address the challenges encountered by the tenant, which resulted in the cessation of operations.
b. The Authority shall issue a request to the committee to terminate the contract and vacate the premises. Such requests shall be decided on within a period not exceeding 90 days. If the Authority's request to terminate the contract is sanctioned, the Authority may conduct an auction to sell the assets established on the land, and the investor is entitled to the auction value after deducting the Authority's dues.
Article 7: Obligations of the Tenant
1. The tenant shall collaborate with the parties engaged in the intended activity to procure all requisite licenses and permits from the Authority or other relevant entities, in accordance with the rules, regulations, and conditions governing these activities.
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MAWANI
العامه العامه للعولم
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
2. The tenant shall, if mandated by the pertinent laws and regulations, submit an Environmental Impact Assessment (EIA) report to the Authority prior to commencing project implementation.
3. The tenant shall not utilize the Authority's leased property for any purpose other than the activity licensed or permitted by the Authority. Subleasing or altering the activity is prohibited without the Authority's prior written approval. The Authority shall have the right to terminate the contract and seek compensation for any damages incurred due to violation of this provision.
4. The tenant may not assign the contract unless all contractual obligations are fulfilled and subject to the prior written approval of the Authority. Upon approval of the assignment, all obligations and responsibilities shall be transferred to the new party.
5. The tenant may not establish, remove, or modify any facilities or annexes on the Authority's leased property without obtaining the prior written approval of the Authority.
6. The tenant may not arrange or permit any mortgages, guarantees, or financial obligations on the Authority's property without prior written approval from the Authority, provided that any mortgage shall not be transferred to the Authority upon expiration or termination of the contract.
7. The tenant shall, at his own expense, submit to the Authority insurance documents endorsed by the Insurance Authority, to cover losses or damages to all of the Authority's leased property, damages incurred to third-party property, as well as injuries and fatalities to third parties, as stipulated by the contract, along with any other insurance mandated by the applicable laws and regulations.
8. The tenant shall submit the emergency plan and the security, safety, health, and environmental plan for the project after their approval by the Authority.
9. The tenant shall adhere to the instructions and requirements issued by the Authority or relevant entities pertaining to security, safety, health, and the environment, including the installation of fire-fighting and alarm equipment, subsequent to obtaining prior approval from the Authority for such equipment.
10. The tenant shall obtain the prior written approval of the Authority prior to commencing any action that would alter the legal form, shareholder structure, or trade name of the tenant. In such cases, the tenant shall provide the insurance documents referenced in paragraph (7) of this Article, along with the guarantees referred to in Article 8 concerning the new trade name and any other documents required by the Authority.
Article 8: Provisions for Guarantees
1. Upon signing the contract, the tenant shall submit to the Authority a final, irrevocable, and unconditional bank guarantee, equivalent to 100% of the annual rental value, inclusive of the value-
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العامه للعüm
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
added tax. This guarantee shall be valid for one year, renewable to cover the entire contract term plus an additional six months, except for contracts lasting less than one year. For contract terms that are less than one year, the tenant shall submit a bank guarantee accounting for the full rental amount, valid throughout the contract term and three months thereafter.
2. If the lease contract encompasses fixed assets, the tenant shall submit to the Authority an irrevocable and unconditional bank guarantee ("fixed facilities handover guarantee"), accounting for 100% of the book value of the Authority's property, no later than one year before the contract's expiration date, provided that such guarantee remains valid for a period of 3 months from the contract's expiration date.
3. Companies in which the state holds a minimum of 51% of its capital are exempted from the requirement to provide bank guarantees.
4. The Authority shall have the right to confiscate the primary guarantee in the following cases:
a. If the lease application procedures are not completed within 30 days from the approval date of the lease application.
b. In cases where the lease applicant cancels their application after the Authority's approval, unless due to emergency circumstances or for reasons beyond the control of the lease applicant, as determined by the Authority.
5. The Authority shall have the right to confiscate bank guarantees (final guarantee – fixed asset handover guarantee) in compliance with regulatory procedures and contractual terms.
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SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
Article 9: Leasing Value of the Authority's Property
1. The leasing value of the Authority's property is determined in accordance with the prices listed in the table below:
<table><tr><td rowspan="2">Port</td><td colspan="3">Land Leasing Value (SAR/\( m^2 \))</td><td rowspan="2">Land Leasing Value for Installing Telecommunication and Electricity Towers and Similar Structures</td><td rowspan="2">Leasing Value of Fixed Assets</td><td rowspan="2">Leasing Value of Pipes and Belts</td><td rowspan="2">Leasing Value of Movable Assets</td><td rowspan="2">Leasing Value of Piers</td></tr><tr><td>Close to the Dock, no more than 300 meters</td><td>Far from the Dock, more than 300 meters</td><td>Outside the Port</td></tr><tr><td>Jeddah Islamic Port</td><td>74</td><td>34</td><td>30</td><td rowspan="11">A maximum of 500 riyals per square meter, after the approval of the authorized person.</td><td rowspan="11" colspan="4">Based on the report of an evaluator accredited and appointed by the Saudi Authority for Certified Evaluators</td></tr><tr><td>King Abdulaziz Port in Dammam</td><td>74</td><td>34</td><td>30</td></tr><tr><td>Jubail Commercial Port</td><td>39</td><td>21</td><td>-</td></tr><tr><td>Yanbu Commercial Port</td><td>39</td><td>24</td><td>17</td></tr><tr><td>Jazan Port</td><td>29</td><td>24</td><td>17</td></tr><tr><td>King Fahd Industrial Port in Jubail</td><td>39</td><td>18</td><td>16</td></tr><tr><td>King Fahd Industrial Port in Yanbu</td><td>14</td><td>4</td><td>2</td></tr><tr><td>Ras Al-Khair Port</td><td>14</td><td>4</td><td>2</td></tr><tr><td colspan="4">Note: Submerged lands are leased at half the rates indicated above depending on their location throughout the term of the primary contract, provided that the current condition of the land is considered when establishing prices for renewal or extension of the contract.</td></tr></table>
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MAWANI
العامه العامه للعولمي
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
2. The Authority may reassess the leasing value every 5 five years, applying an increment based on the annual inflation rate published by the General Authority for Statistics for the respective year. The increase shall not surpass 5% of the annual leasing value, provided that such provision is outlined in the contract.
3. Water and electricity consumption for shared meters are determined by adding 10% of the annual rental value to the leasing value, per service utilized, or as prescribed by the relevant entities.
4. If the tenant fails to perform maintenance and cleaning of the buildings and offices, their cost shall be charged by adding 20% of the annual rental value to the leasing value.
5. The prices specified in paragraph (1) above exclude value-added tax, which shall be added to the rental value as per the applicable laws and regulations, and in accordance with the percentage sanctioned by the concerned entity.
Article 10: Transfer of Fixed Assets
1. All fixed assets shall be transferred to the Authority at the end of the contracts without any remuneration, in accordance with the conditions and provisions outlined in paragraph (2) of Article 6 of these Regulations.
2. If the fixed assets are deemed economically unviable for the Authority, at its discretion, the Authority shall notify the tenant in writing within one month of the contract's expiration. The Authority shall express its intention to restore the leased property to its original condition. In such case, the tenant is obligated to return the Authority's leased property to their original condition and remove the fixed facilities and any other existing property. Failure to comply shall result in the Authority removing these facilities at its discretion, with the tenant bearing the associated costs, absolving the Authority of any responsibility.
3. The tenant shall remove all equipment and tools (movable property) owned by them within a maximum of one month from the contract's expiration date. Failure to do so shall result in the Authority removing them at its discretion, with the tenant bearing the associated costs, absolving the Authority of any responsibility.
Article 11: Reviewing the Leasing Prices of the Authority's Property
The rental prices for the Authority's property specified in Article 9 of these Regulations shall be reviewed every 5 years at most. This review shall take into consideration factors such as inflation rates, prices in neighboring regions and regional and international ports, indirect income from leasing, promotion of investment in port operation services, and enhancement of investment activities and value-added services in ports, including support services.
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العامه العامه للعوايي
SAUDI PORTS AUTHORITY
Regulations for Leasing Property of the Saudi Ports
Third: Provisions for Leasing Residential Units
Article 12: Powers of Leasing a Residential Unit
The power to approve leasing a residential unit shall be granted in accordance with the authority matrix.
Article 13: Lease Term of a Residential Unit
The rental period for the residential unit shall be one year, renewable by mutual agreement between the Authority and the resident.
Article 14: Leasing Value of Units
The annual rental value of residential units shall be assessed by a certified evaluator based on the prevailing prices in the area, provided that such value is revaluated at least once every two years.
Article 15: Leasing Residential Units to Government Entities and the Private Sector
The Authority may lease residential units, if available, to employees of government entities, the private sector, or individuals. However, priority in leasing residential units shall be granted to employees of the Authority.
Article 16: Maintenance and Renovations of Residential Units
1. The Authority shall be responsible for conducting essential maintenance for the infrastructure of the residential units.
2. The resident may not alter the engineering or technical structures inside or outside the residential unit without prior written approval from the Authority. The resident shall assume all responsibilities arising from such modifications. The Authority shall have the right to request the resident to remove these modifications at his own expense upon vacating the residential unit.
Article 17: Residential Unit Handover by the resident
The resident shall hand over the residential unit in accordance with the handover report, which encompasses the settlement of the resident's financial obligations related to the residential unit, including invoices or fees for services provided, in addition to listing any damages or alterations to the engineering or technical structure, if any. Both the resident and the relevant department in the port shall sign the handover report. The resident relinquishes any entitlement to compensation for any constructions or modifications made to the leased residential unit.
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العامه العامه للعوايي
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Regulations for Leasing Property of the Saudi Ports
Fourth: Final Provisions
Article 18: Electronic Procedures
The tenant and resident shall abide by using the electronic systems and applications designated by the Authority to establish links with it and other relevant entities. They shall also pay any associated fees, if applicable.
Article 19: Correspondence and Forms
All correspondence addressed to the Authority shall be submitted in Arabic on letterheads that clearly indicate the establishment's name, commercial registration number, license number, national address, contact numbers, and email. The same may be submitted in bilingual format, where Arabic and English texts shall be written side by side. The tenant or resident shall assume responsibility for any changes made to these addresses without notifying the Authority.
Article 20: Relevant Laws
The provisions outlined herein do not absolve individuals from adhering to or complying with any other procedures mandated by the relevant entities. All existing regulations, decisions, and amendments thereof, applicable within the Kingdom of Saudi Arabia shall be strictly followed.
Article 21: 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.
Article 22: Entry into Force
The provisions of these regulations shall enter into force 30 days following its approval, and shall repeal any provisions conflicting therewith.
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