Maritime Tourism Agent Regulation

Article 1: Definitions

The following terms and words, wherever mentioned in these Regulations, shall have the meanings assigned to each of them, unless the context otherwise requires:

Kingdom:

Kingdom of Saudi Arabia.

Authority:

Saudi Red Sea Authority.

Board of Directors of the Authority:

Board of Directors of the Saudi Red Sea Authority.

Regulation

Regulation of the Maritime Tourism Agent.

Marine Craft:

Any floating marine craft intended for work on or under water bodies used for tourist or recreational purposes, and the accessories of the marine craft necessary for its exploitation shall be part thereof.

Maritime Tourism Agent:

A legal entity licensed by the Authority to provide services to the marine craft to practice navigational activities within the Geographical Scope.

Marina:

The area used to stop or berth the Marine Craft in the geographical area.

Geographical Scope:

The territorial sea of the Kingdom in the Red Sea in which maritime and marine activities are practiced, and the part of the land associated with the exercise of such activities, except for the military, security, and other zones therein.

Article II (2): Purpose of the Regulation

This regulation aims to set the terms, conditions and procedures that regulate the activity and work of the Maritime Tourism Agent to provide services to Marine Crafts to practice navigational activities within the Geographical Scope. The provisions of these Regulations shall apply to obtain the operational license.

Article III (3): Registration and Licensing

  1. The local or foreign Maritime Tourism Agent must fulfill the regulatory requirements in accordance with the local regulations in force in the Kingdom and any other relevant regulations before practicing any activity or business.

  2. The Maritime Tourism Agent shall meet all the requirements and conditions set forth in these Regulations and submit proof thereof for registration as a legal entity licensed by the Authority to provide services to Marine Crafts to practice navigational activities within the Geographical Scope.

  3. The authority issues, renews or cancels the necessary licenses for the tourist navigational agent within the geographical scope according to the requirements and the requirements set by the Authority, without prejudice to the completion of the requirements and conditions approved by the concerned authorities other

  4. It is not permissible to practice the activity of a maritime tourism agency without obtaining a license, after its expiry or cancellation or during the period of its suspension.

  5. The Maritime Tourism Agent shall obtain prior approval from the Authority for the continued validity of the license in the event of amending its legal entity, and the Authority may, at its discretion, accept or not accept the continued validity of the license if the amendment is made without its prior knowledge.

  6. The licensee shall abide by the requirements of the licenses granted, and in the event of breach or non-compliance with the requirements, the statutory penalties shall be applied.

  7. To apply for a license, the following conditions must be met:

    a) The establishment must have a branch in the Kingdom of Saudi Arabia.

    b) To have sufficient experience to practice the activity and business of the maritime tourism agent.

    c) Proof of financial solvency in relation to the volume of business and services provided.

    d) Provide a list of all works and services provided to beneficiaries.

    e) Pay the financial consideration for issuing a Maritime Tourism Agent license, according to what is issued by the Board of Directors of the Authority.

    f) Fill out the license application form prepared by the Authority.

Article IV (4): Obligations

  1. The Maritime Tourism Agent shall be responsible for obtaining all licenses and permits for Marine Crafts issued by the Authority or other competent authorities and any financial dues resulting therefrom, in accordance with the applicable laws and regulations.

  2. The Maritime Tourism Agent t shall meet the requirements and conditions specified by the competent authorities, whether with regard to Marine Crafts or the beneficiaries on board and shall be responsible for any delay in providing all required data and information.

  3. It is the responsibility of the Maritime Tourism Agent to ensure the payment of the due financial consideration, including taxes, in accordance with the approved regulations, whether for Marine Crafts or beneficiaries on board when they have a specific requirement and request from the competent authorities.

  4. The Maritime Tourism Agent shall abide by the laws, regulations, decisions, and circulars issued by the Authority and other competent authorities.

  5. The Maritime Tourism Agent shall carry out all the works and procedures required by the Marine Crafts, its crew, or passengers during the period of its travel or anchorage within the Geographical Scope.

  6. The Maritime Tourism Agent must ensure that there is valid insurance for Marine Crafts and their accessories that covers all insurance obligations.

  7. The Maritime Tourism Agent shall exercise due diligence when performing the tasks entrusted to him in accordance with the relevant professional regulations and standards.

  8. The Maritime Tourism Agent shall not terminate the agency's services for the Marine Crafts under his agency during their travel or berthing within the Geographical Scope except after settling all financial dues, if any, and no other Maritime Tourism Agent shall be appointed without obtaining prior approval from the Authority.

  9. The Maritime Tourism Agent is obligated to provide an arrival notice (72) hours before the arrival of the Marine Crafts for distant ports and tourist marinas and (24) hours for nearby ports and tourist marinas.

  10. The Maritime Tourism Agent shall set a reasonable fee for his business and the services he provides and shall provide the Authority with a copy of the fees statement and any amendments or changes thereto, and it shall also prevent him from participating in unfair competitive behavior by illegal means.

  11. The Maritime Tourism Agent is committed to international agreements and treaties and the instructions issued by the competent local authorities, including but not limited to, with regard to pollution, environmental preservation, waste receipt, disembarkation of seafarers, refueling and dangerous goods of all kinds, maritime control and inspection, security level and port facilities requirements (ISPS & ISM CODE).
  12. The Maritime Tourism Agent shall practice his activity in the required manner and ensure the performance of his work and avoid any illegal practices and violation of the regulations and instructions in force.

  13. Report any unlawful activities during the performance of the Maritime Tourism Agent work.

  14. Have high morals and good values with visitors.

  15. Comply with the regulations and instructions issued by the competent authorities regarding security, health, environment, safety means, ambulance, evacuation, etc., and take all measures and precautions to achieve that.

  16. Maintaining the confidentiality and privacy of Marine Crafts, their accessories, and passengers, and not sharing or using them for any purpose without their consent.

  17. The Maritime Tourism Agent shall archive the records and data of all cruises of Marine Crafts and passengers for a period of not less than three years and submit them to the Authority upon request.

Article V (5): Tasks

  1. The Maritime Tourism Agent for Marine Crafts shall inform the management of the tourist marina - or the port authority- of any delay that occurs to any Marine Craft operating under his agency, whether it is arriving or leaving, with an explanation of the reasons for the delay.

  2. Submit requests for repairs to Marine Crafts while they are in the tourist marinas, including (thermal works, maintenance and testing of equipment, thermal hot works, and welding).

  3. Refrain from dealing with Marine Crafts included in the blacklist in accordance with the data and requirements of the relevant authorities.

  4. Finalize the travel procedures of the Marine Crafts and issue the necessary permits before the end of the cruises of the Marine Crafts.

  5. Providing Marine Crafts with the necessary supplies, tools, and spare parts, and performing Marine Crafts supply work actively and efficiently with honesty, integrity, accuracy, and professionalism.

  6. Providing Marine Crafts with navigational tools and supplies, nautical charts, office materials and equipment, cleaning materials for subsistence areas, and any subsistence materials and supplies for the crew of the Marine Crafts.

  7. Practicing the catering activity as required, ensuring the performance of the work, and avoiding any unlawful activities that violate the regulations and instructions in force or raise suspicion.

  8. Inform the owners or tenants of Marine Crafts of all circulars and instructions issued by the Saudi Red Sea Authority and the relevant authorities.

  9. Other services that are licensed by the Authority to the Maritime Tourism Agent to practice in accordance with the Authority's competencies, and without prejudice to other relevant regulations.

 Article VI (6): Electronic Procedures

  1. The Maritime Tourism Agent for Marine Crafts shall use the electronic systems in force in the Authority, the Zakat, Tax and Customs Authority and the relevant authorities and pay the resulting financial dues.
  2. The Maritime Tourism Agent for Marine Crafts is committed not to use cash transactions during the payment and refund process, and to commit to paying all financial dues through electronic payment methods and issuing and paying all invoices through the payment system in the Kingdom, or any systems recognized in the local systems of the Kingdom.

Article VII (7): Classification of Tourist Shipping Agents

The Authority may classify Maritime Tourism Agents according to the fulfillment of the following conditions:

  1. Outstanding performance and active participation in promotional campaigns to enhance the Kingdom's tourism position at the international, regional, and local levels.

  2. Outstanding performance in the internal and external services provided from travel, catering, accommodation, tourist guidance and other services.

  3. To be of good conduct in his practical practices that the Authority deems worthy of granting and appreciation.

  4. The classification is based on the services provided by the Maritime Tourism Agent during the previous year.

Article VIII (8): Environment

  1. Take all necessary measures to protect the environment and marine wildlife in locations where the navigational activities of Marine Crafts are carried out within the Geographical Scope.

  2. Must adhere to all local and international guidelines, directives and instructions for environmental protection issued by the relevant authorities.

  3. It is prohibited to take any act or activity that causes direct or indirect damage to the environment and marine wildlife carried out within the geographical scope as a result of the dumping of waste.

  4. It is prohibited to take any act or activity that causes direct or indirect damage to the environment and marine wildlife carried out within the geographical scope as a result of the leakage of all types of oils.

  5. Comply with any related regulations issued regarding the protection of the environment and marine wildlife from noise pollution.

  6. Adopting all systems and technical means that contribute to preventing pollution.

  7. Without prejudice to the provisions contained in the relevant international conventions to which the Kingdom is a party, Marine Crafts shall be prohibited from dumping, discharging, or disposing of any pollutants resulting from equilibrium waters, cargo residues, waste, liquid components and the dissolution of non-stick impurities.

  8. Marine Crafts must abide by the ballast water management plan, in accordance with the Ballast Water Management Agreement ratified by the Kingdom and the relevant regulations.

Article IX (9) Security and Safety

  1. Ensure familiarity with security and safety rules and comprehensive knowledge of international navigation regulations and marine environment protection regulations.

  2. Compliance with all regulations, procedures and controls determined by the relevant authorities, especially those related to military and security zones.

Article X (10): General Provisions

  1. The Authority shall issue the necessary rules and procedures to implement the provisions of this Regulation.
  2. All those to whom the provisions of this Regulation apply shall abide by what the Authority issues in implementation thereof.

Article XI (11): Adoption and Amendment of the Regulations

The Regulation shall be issued by a resolution of the Board of Directors of the Authority, and any amendments thereto, whether by deletion, addition, or cancellation, shall be approved.

Article XII (12): Publication and Entry into Force of the Regulations

This Regulation shall be published in the Official Gazette and shall enter into force 90 days after the date of its publication.