Large Yacht Chartering Regulation

Article 1: Definitions

The following words and terms, wherever mentioned in this Regulation, 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:

Large Yacht Chartering Regulation.

Geographical Scope:

The territorial sea of the Kingdom of Saudi Arabia in the Red Sea, in which navigational and maritime 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

Cruising Permit:

The permit issued by the Authority allowing the yacht (large yacht) to sail within the Geographical Scope.

Charter Permit:

The permit issued by the Authority under This Regulation to allow the charter of Large Yachts flying foreign flags for tourism purposes in the Geographical Scope.

Maritime Tourism Agent:

A legal entity licensed by the Authority to provide services to the maritime craft to practice

navigational activities within the Geographical Scope.

Large Yacht:

A foreign-flagged large yacht equipped with a motor or sail, with a length of 24 meters or more, designed for commercial and recreational use and not carrying more than 12 passengers - other than the crew - according to the large yacht code in force in the country whose flag is flown or 36 passengers - other than the crew - according to the passenger yacht code in the country whose flag is flying.

Crew of the Large Yacht:

All persons working on board the yacht in any capacity, including Master, chief officer and engineer.

Master:

The person qualified to command the vessel and responsible for its management.

Charterparty:

Chartering the Large Yacht from the charterer under a recognized yacht Charterparty for a fixed period and for a specific purpose

Charterer:

The person who charters the Large Yacht.

Recognized Charterparty

A Charterparty done in accordance to the wording approved by the World Yacht Association (MYBA) or any other internationally recognized large yacht charter association.

Owner:

The owner of the large yacht, whether one or more of the following:

a) A person who has a legal or beneficial interest in a large yacht other than the mortgagee.

b) The person in charge of management on the large yacht.

c) A person who assumes full responsibility for a large yacht and is authorized by the

person mentioned in paragraphs (a) or (b).

Ebhar Platform

A government platform affiliated by the authority that provides all services related to marine yacht tourism.

Article II (2): Purpose of the Regulation

This Regulation aims to allow Large Yachts flying foreign flags to charter in the Geographical Scope through the Charter Permit mechanism.

Article III (3): Maritime Tourism Agent License

  1. The agent shall submit an application to the Authority according to the approved form to obtain the license from the Authority.
  2. The Authority has the right to approve or reject the application based on the experience of the applicant, and the applicant must be suitable and represent a suitable entity for the Maritime Tourism Agent, and any other matters stipulated under this Regulation.
  3. The Authority may issue a license certificate to the Maritime Tourism Agent for a period of two years. This certificate shall be renewable upon submitting a new application for a similar period or as the Authority may deem appropriate.
  4. The Authority has the right to terminate or suspend the Maritime Tourism Agent license by writing in the case the agent violates any conditions contained in the license, including but not limited to the following:


    a) Violation of applicable regulations, including those in force in the Kingdom of Saudi Arabia.

    b) Violation of the provisions of this Regulation.

  5. The Authority shall be competent, upon a written request submitted by the Maritime Tourism Agent, to re-license the agent to its previous status, provided that the reason for the termination or suspension procedure no longer exists.

Article IV (4): Obligations

  1. The Maritime Tourism Agent shall at all times ensure that the Large Yacht under a charterparty and subject to the provisions of this Regulations, holds a valid Cruising Permit and meets all other applicable entry and operation requirements when sailing in the Geographical Scope.
  2. The Maritime Tourism Agent shall pay any financial obligations due to the Authority under the applicable regulations and as approved by its Board of Directors.
  3. The Maritime Tourism Agent shall abide by all tax and customs regulations in force in the Kingdom when operating a Large Yacht within the framework of the Charterparty.
  4. The Master and crew of the yacht shall comply with all applicable regulations and operating requirements when sailing a Large Yacht in the Geographical Scope.
  5. The Master is prohibited from sailing the Large Yacht within the Geographical Scope without the yacht being manned with the minimum number of crew members stipulated in the " Minimum Safe Manning Ships " document.
  6. The Large Yacht Master must ensure keeping Automatic Identification System (AIS) on, regardless of whether the yacht is sailing, along the quayside or at anchor, to reflect the exact status of the Large Yacht.
  7. The Master must ensure that the operation of the Large Yacht is in accordance with rules and regulations under applicable conventions, including the International Safety Management Code (ISM) and the International Ship and Port Facility Security Code (ISPS) if applicable.
  8. The Master shall maintain the seaworthiness of the Large Yacht for the duration of the permit, including maintaining periodic maintenance.
  9. The Master of the Large Yacht must ensure that all inspections are carried out in a timely manner, as well as renew all certificates and approvals issued to the yacht before their expiry.
  10. The Master of the Large Yacht shall abide by the safety instructions issued by the Authority and the concerned authorities regarding anchoring within the Geographical Scope and shall also be obligated to anchor in the specified areas except in the case of emergency to protect lives or prevent serious damage to the environment.
  11. The Master of the Large Yacht is obliged to use mooring buoys instead of anchoring areas if possible and is obliged to ensure that the mooring of the Large Yacht is well secured.
  12. The Master of the Large Yacht shall immediately notify the local authorities of any incidents, emergency, risks, or near misses that may threaten the safety of the Large Yacht, its crew and passengers, or any other vessel, their crew members, or passengers, or affect navigation operations or damage the environment.

Article V (5): Procedures for obtaining a Charter Permit

  1. It is prohibited to charter a Large Yacht flying foreign flags for the purpose of marine tourism without first obtaining a charter permit.

  2. The Maritime Tourism Agent shall ensure that the Large Yacht flying foreign flags complies with:the following requirements, in order to obtain a Charter Permit

    1. The application for a Charter Permit should be submitted to the Authority through the (Ebhar) platform along with the following documents:

      1. A copy of the Cruising Permit issued by the Authority and its validity must correspond to the duration of the Charter Permit.
      2. A copy of the technical certificates of the Large Yacht flying foreign flags. The length of the Large Yacht should not be less than 24 meters.
      3. A copy of the classification certificate for a Large Yacht flying foreign flags issued by an international organization for the classification of vessels, provided that this organization is recognized by the competent authority in the Kingdom.
      4. The Charterparty.
      5. A list of the names and qualifications of the Crew of the Large Yacht
    2. A foreign-flagged Large Yacht should not carry more than 12 passengers or 36 passengers based on its commercial yacht certificate at any Charter party.
    3. A foreign-flagged Large Yacht must hold a valid Large Yacht code certificate.
  3. The Authority considers the Charter Permit application from a technical perspective to verify that all relevant regulatory requirements are met, and all required documents are attached.
  4. The Authority reserves the right to conduct technical inspection and examination of the Large Yacht flying foreign flags to verify that all requirements and specifications approved by the Authority are met as stipulated.
  5. Port state control officials may inspect and examine the Large Yacht during the charter party period to ensure the safety of the yacht and passengers.
  6. The Authority approves the application for a Charter Permit that meets the conditions and documents whenever it deems it appropriate within ten working days from the end of the inspection.
  7. The applicant must deposit the prescribed consideration to the Authority's account to issue the Charter Permit, as issued by the Board of Directors of the Authority.
  8. The Charter Permit issued by the Authority stipulates the size and type of yacht, the name of the Maritime Tourism Agent, the duration of stay within the Geographical Scope, as well as any conditions, restrictions or requirements imposed on the operation of the yacht subject to compliance with the Charter Permit.

Article VI (6): Validity of Charter Permit

The Charter Permit shall be valid for a maximum period of (6) six months from the date of issuance and shall be renewed by submitting a new application for a similar period or as the Authority may deem appropriate ,based on the validity of the required Large Yacht certificates

Article VII (7): Suspension and Cancellation of Charter Permit

The Authority has the right to suspend or cancel the Charter Permit for the following reasons:

  1. The Maritime Tourism Agent or the Crew of the Large Yacht does not comply with any applicable regulations or terms and conditions contained in the Charter Permit.
  2. Stop the registration of a Maritime Tourism Agent to conduct business in the Kingdom of Saudi Arabia.

  3. Non-validity or withdrawal of the commercial survey certificate for the Large Yacht internationally for the purpose of transporting passengers.

  4. Violation of the provisions contained in this Regulation.

Article VIII (8): General Provisions

  1. The Authority shall issue the necessary rules and procedures to implement the provisions of this Regulation.
  2. The Authority shall issue the necessary rules and procedures for persons with disabilities

  3. All those to whom the provisions of this Regulation apply shall be bound by what the Authority issues in implementation thereof.

Article IX (9): Adoption and Amendment of the Regulation

This 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 X (10): Publication and Validity 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.