In 2016, an ambitious initiative named 'Vision 2030' was launched in the Kingdom of Saudi Arabia. Since then, the Kingdom has undergone transformational social and economic reforms. In this article we discuss the recent changes to the legal landscape in Saudi Arabia, encouraged investment and futuristic building developments.
What's happening in the Kingdom?
Vision 2030 is the idea behind the development of Saudi Arabia and has already driven major socio-economic change in the Kingdom. It has achieved this through drastic change in their legal landscape, and other changes that are guided by the following:
Public Investment Fund (PIF)
PIF is Saudi Arabia's sovereign wealth fund and ranks among the largest globally. It drives economic diversification and helps to grow the strategic sectors in Vision 2030.
National Transformation Programme (NTP)
The NTP is a series of projects that aim to achieve Vision 2030. The programme includes empowering the private sector, improving government processes and developing economic partnerships.
Privatisation Programme
Led by The National Centre for Privatisation & PPP (NCP), the Privatisation programme is focused on strengthening the private sector by providing access to government assets and streamlining service delivery.
The Financial Sector Development Programme (FDSP)
This programme modernises the financial landscape in Saudi Arabia by updating laws and regulations for the financial sector, including banking, insurance, investment, and stock and debt markets.
The Legal Environment
The law is based on Sharia principles but has been codified to accommodate international standards and business practices.
There is no standard legislature in Saudi Arabia, but both the Council of Ministers (CoM) and Shura Council have a legislative function. Most new laws are drafted by the CoM and voted on; they are then approved by the King. The King can also pass laws directly without consulting the CoM.
Ministerial resolutions are also issued by some ministries to clarify and/or complement laws – these have the force of law and are issued in the form of decisions or implementing regulations.
Recently Codified Laws and Key Reforms
The Civil Transactions Law
Provides a clear, predictable, consistent, and transparent business climate in Saudi Arabia.
Originally, 'good faith' in dealing is accepted to be a Shariah principle from the Sharia law. The Civil Transactions Law means that 'good faith' is a codified principle under Article 95 (1).
The Personal Status Law
Handles issues related to family and rights granted to women during marriage and after divorce, which have been debated in the past based on Sharia interpretations.
Law of Evidence and Saudi Criminal Law
Both are also enforced by applying Sharia principles. The codification of Law of Evidence meant having clear legal principles covering civil and commercial transactions which are relevant to today’s business world.
For example, the law permits use of digital evidence in courts which was a concept that did not exist in Sharia.
Foreign Investment Law and Companies Law
The Foreign Investment Law regulates foreign investment hosted in Saudi Arabia, including conditions, procedures, and guarantees. The law emphasises respect for private property, as it states that investments may not be confiscated except by a court ruling or expropriated except for the public interest in return for fair compensation.
To increase efficiency, a one-stop shop was established at MISA to have it operate as a unified window to obtain all necessary licenses and permits for the foreign investor to start investment activities.
Legal Reforms: Real Estate
Regulators: MISA and The Real Estate General Authority
Foreign-owned companies may own or lease properties in Saudi Arabia for the purposes of their activities (subject to necessary approvals).
Lease agreements must be registered on the Ejar platform for documentation and enforcement purposes.
Legal Reforms: External Funding
Regulators: The Saudi Industrial Development Fund (SIDF) and MISA
Depending on the relevant project, foreign investors may apply for a loan from SIDF. Loans from the SIDF typically contain more beneficial terms than loans from commercial banks.
The Saudi government offers subsides for specific projects. These subsidies are administered by MISA.
Employment and Saudization
Regulators: The Ministry of Human Resources and Social Development (MHRSD)
Companies must employ a requisite percentage of Saudi employees (Saudization).
Saudization requirements vary depending on the activities of the company and the company size.
Certain positions in companies are reserved for Saudi nationals (HR positions, clerks, receptionists, security guards, government relations officers).
Before recruiting any foreign employees, companies in Saudi Arabia need approval from the MHRSD, including a work permit for the relevant expat.
Saudization non-compliant companies will be subject to penalties, including non-renewal of expat work permits and rejection of issuance of new work permits.
Personal Data
A new Data Protection Law was introduced that restricts companies unsolicited electronic marketing tactics.
Tax, Zakat and VAT
Regulators: The Zakat, Tax and Customs Authority (ZATCA)
Commercial activities in Saudi Arabia are subject to various taxes, including VAT (15%), corporate income tax (20%), and withholding tax (5-20% in relation to any payments that leave KSA).
Saudi nationals do not pay corporate income tax but do pay Zakat (religious obligation to give to charitable causes).
Dispute Resolution Mechanisms
Regulator: Local Courts and The Saudi Center for Commercial Arbitration (SCCA)
Saudi Arabia is a signatory to The New York Convention and other international treaties.
Enforcement courts often rejected the enforcement of international arbitral awards on public policy grounds in the past, but this has improved significantly.
Saudi Arabia established the SCCA in 2014 under a Royal Decree. SCCA offers similar advantages to those offered in international arbitration centres.
As the SCCA is a Saudi Arabian institution, it is probably fair to assume that arbitral awards granted under the SCCA Arbitration Rules have better chances of being enforceable in KSA than international arbitral awards.
Alignment with International Best Practises
Saudi Arabia has announced in a royal decree the adoption of seven investment principles as part of the country's efforts to develop and diversify its economy and develop a competitive investment environment. The seven principles include:
- Equality between Saudi and foreign investors
- Protection of investments; enabling sustainability of investments
- Implementing social and environmental standards
- Transfer of knowledge, technology, and enhancement of local human capital
The reforms reflect a conscious alignment with international contracting standards, which is crucial for attractive foreign investment and integrating into the global economy. The laws being adopted by the Kingdom has enhanced the speed, efficiency, and transparency of the legal and economic system based on the latest global practices in the business sector.