Chapter 2 - Procedures For Obtaining a License
(Articles 2 - 13)
To obtain a license to carry out activities pertaining to the services for the Mu'tamirun, the following requirements must be fulfilled:
1. The institution/company seeking the license must be a private one or one established according to the rules of the Saudi company law. It must produce a legal instrument from the Ministry of Commerce certifying that its capital - not less than SR 500,000 - is totally owned by Saudi national(s).
2. An irrevocable and unconditional guarantee letter of SR 200,000 in favor of the Ministry, from any local bank accredited by the Saudi Central Bank, valid throughout the license period, automatically renewable with the renewal of the license, and non-revocable except by a written approval of the Ministry.
3. Copy of the commercial registration if the party seeking license is a company.
4. Copy of the foundation contract of the company and its amending appendices together with a copy of the commercial registration if the party seeking license is a company.
5. Attachment of the list of services to be rendered to the Mu'tamirun with the Commercial registration of the party seeking license based on a referral from the Ministry to the Ministry of Commerce.
6. Copy of the civil status record of the Director General and branch directors of the company.
7. Copy of the criminal record with no previous convictions of the branch directors and the owner of the company if the licensee is a private company.
8. Administrative chart pertaining to services for the Mu'tamirun according to the requirements of the Ministry.
9. Graphic description of the sites of the company's/institution's branch offices in Makkah, Madinah and Jeddah.
10. Copy of the tenancy agreement or title deeds of the branch offices' premises.
11. Computer system equipment as specified by the Ministry, including connecting the Licensee's computer net with the Ministry's net so as to facilitate efficient flow of the required information from the Licensee to the Ministry.
12. Fill in and sign the license application form - provided by the Ministry - by the Director General of the institution/company.
13. Approval of the Minister of Hajj.
Copies of the original documents as required in Article 2 must be produced together with the license application for certification before the Ministry's officer in charge.
In case the private institution/company applying for license is owned by a woman, she must have an attorney of Saudi nationality authorized to make the necessary arrangements for the license application, delegated to represent her before the Ministry or otherwise, and to be responsible for the management of services to the Mu'tamirun.
The Director General, the directors of branch offices and the officers in charge of services must be Saudi citizens of good conduct and character, not convicted of any violation of the public order or subject to Had or Ta'zir (Shariah punishments) for breach of trust, recorded in their criminal record, unless rehabilitated.
The institution/company applying for license must have, apart from its headquarters, branch offices in Makkah, Madinah and Jeddah to attend to and carry out the Mu'tamirun services. The branch offices must satisfy the following conditions:
1. It must be located in an easily accessible place convenient for the services needed by the Mu'tamirun.
2. In terms of space, design, outward appearance as well as furniture and equipment, the branch must satisfy the specifications set up by the Ministry.
It is permissible for the Director General to be also the Director of the branch in the city where the headquarters of the institution/company is located.
In case of termination or completion of the services of the Director General or any branch director of the institution/company, their replacement must be made within sixty days according to the conditions specified in this By-law. The Ministry must be notified of the name of the new director not later than three days after his name has been recorded in the commercial registration.
The Licensee must show any amendments, within 30 days from the date of license to the Ministry with a full statement on its employees in each branch, including their names and nationalities, the type of job assigned to each one of them, and copies of their passports and work permits. The Ministry must also be notified of any changes in this statement within three days from the date of the amendment.
The Licensee must notify the Ministry of the address of his headquarters and any changes therein within 15 days of the change, failing which all notifications and communications by the Ministry on the previous address will be valid and will bear all their legal effects, provided no violation is made of any of the penalties specified in Article 4 of the Decree.
The Licensee must attend to the services of the Mu'tamirun by himself and no transfer of the license to someone else is allowed.
In case the institution/company is sold or merged into another one, the license cannot be transferred unless the buyer or merger satisfies the conditions and rules stipulated in this By-law.
The Ministry prepares a personal file for the Licensee that shall include the following data:
1. The name of the Licensee and the number and date of his commercial registration
2. Location and full address of the headquarters
3. Location and addresses of branch offices
4. Number and date of the license
5. Names of the personnel, including the names of the Director General and Branch Directors
6. Number and date of the banking guarantee letter provided by the Licensee, and the name of the issuing bank
7. Penalties inflicted on the Licensee
The Minister of Hajj may decide the closing of new license applications if the Ministry sees no need for such application for a certain period.
- Chapter 1 - Definitions
- Chapter 3 - Renewal or Cancellation of License
- Chapter 4 - Procedures Concerning Umrah Visit
- Chapter 5 - Relationship Between The Licensee And Foreign Parties
- Chapter 6 - Licensee's Obligations and Standard Of Services
- Chapter 7 - Movement of the Mu'tamirun Inside the Kingdom
- Chapter 8 - Complaints Committee
- Chapter 9 - Concluding Provisions
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