Draft Regulations for Rectifying the Status of Anti-Concealment Law Violators

 

The Stages of Public Participation in Decision-Making relevant to the Draft Regulations for Rectifying the Status of Anti-Concealment Law Violators:

First: Presentation:
The draft of the Regulations for Rectifying the Status of Anti-Concealment Law Violators had been prepared, Accepted by Project Management Office at the Deputy Ministry of Policies & Regulations Affairs ​.

Second: Publishing:
The draft of the Executive Regulation for the Professional Corporate Law was launched on 24​/12/2020م , through the Ministry’s official e-portal​​ and the social media, also direct SMS was sent to the groups concerned with the rules & regulations, in addition to publishing a news through the Saudi News Agency and other media, including a copy of the said system or regulation and a form for expressing opinions, comments or notes.  

Third: Collecting E-Posts:​
The following email (ACL@mc.gov.sa) had been prepared to receive the feedback about the draft within the specified period. 

Total Public Participation in various channels 78

Article number
​Public opinion
Amend the article based on electronic Counseling​
Article Two ​
Expanding the definition of illegal tools to also include non-Saudi persons licensed to practice the activity, excepted from the description in Article Two of the system.​




The article restricted the actions of possessing or using these tools in an irregular manner, and thus the non-Saudi who is legally licensed does not fall within the scope of the article, and to confirm this and take into account the licensed foreign investor, the Ministry will take into account that adding a restriction confirming that the article is directed at those who have not been authorized to practice The economic activity.
1. In more than one article in the regulations a reference to prevailing custom and practices has been mentioned, and they are not suitable as a reference for determining whether the behavior is statutory or irregular; Because they are not disciplined and opinions and concepts differ about them​
Note was taken​
Article Three​
Paragraph (2), it is assumed that the evidence is on the plaintiff that it does not apply to him in any of the cases that require the exception in good faith, and not to the accused.​
Note was taken​
Article IV
Paragraph (d):
We see the importance of amending this paragraph to serve those with a qualification higher than a high school diploma​​

Note that he has a university degree.
Twelfth
The Ministry should request the removal of the travel ban in the following cases: A- If it is not more likely with the Ministry within (sixty) days of preventing the suspect from traveling that he has committed any of the crimes stipulated in the system. And since the seizure of property and confiscation of rights must be minimal, you may deem it appropriate to reduce the period to the shortest possible time.
You may see the convenience of cutting it back to (30).​

Note was taken
Twenty
Does this article mean that the Ministry will provide the person on whom the report was submitted and it was not correct with the identity of the person who submitted the report against him in order for him to file a lawsuit against him before the competent court, as it is not clear how the injured person will identify the amount? Article (19) stipulates the confidentiality of the identity of the whistleblowers And the occasion to explain it.​​
Note was taken



Fourth: Analyzing the E-Posts:
After the survey deadline ended on 28/01/2021م, the officials in charge of this proposal prepared a schedule containing the articles, feedback, notes and suggestions to be studied by the specialists.


Fifth: Making and Announcing the Decision:
The amendments on the articles were studied and approved by the Ministry’s officials 23​/02/2021م, and the said regulation was published through the Ministry’s official e-portal​ and social media, also via the Saudi News Agency and other various media.

Sixth: Closing the Discussion and Archiving:
After announcing the decision, the subject was officially closed and all the relevant documents were archived.

Last Modified 03 Mar 2021
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