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Organization of the Higher Commission for Industrial Security

1443 AH

In the name of God, the Most Gracious, the Most Merciful

Cabinet Decision No. (707) dated 27/12/1443 AH

The Council of Ministers

Having reviewed the matter received from the Royal Court under No. 44222 dated 17/7/1443 AH, which includes the telegram of His Royal Highness the Minister of Interior, Chairman of the Higher Commission for Industrial Security, No. 221815 dated 23/11/1441 AH, regarding the draft organization of the Higher Commission for Industrial Security.

And having reviewed the draft organization referred to therein.

And having reviewed the rules and arrangements for the treatment of employees and workers in sectors targeted for transformation and privatization, issued by Cabinet Decision No. (616) dated 20/10/1442 AH.

And having reviewed Cabinet Decision No. (83) dated 30/1/1443 AH.

And having reviewed Royal Order No. (439/8) dated 27/2/1397 AH.

And having reviewed the two memoranda No. (839) dated 21/5/1442 AH and No. (2491) dated 6/11/1443 AH, prepared by the Experts Commission at the Council of Ministers.

And having reviewed the telegram of the Secretariat of the Council of Political and Security Affairs No. 24320 dated 17/12/1442 AH.

And having reviewed the report prepared by the Council of Economic and Development Affairs No. (992/43/D) dated 9/11/1443 AH.

And having reviewed the recommendation of the General Committee of the Council of Ministers No. (11100) dated 20/12/1443 AH.

Decides the following:

  1. First: To approve the organization of the Higher Commission for Industrial Security in the accompanying form.
  2. Second: The provisions contained in the organization — as referred to in paragraph (First) of this Decision — and the provisions in paragraph (Seventh) of this Decision shall not prejudice the provisions contained in other regulations and organizational frameworks related to security, safety, and fire protection.
  3. Third: Military positions necessary for the operation of the Higher Commission for Industrial Security shall be created within its budget, in accordance with the instructions for preparing and implementing the General State Budget.
  4. Fourth: A committee shall be formed in the Ministry of Interior, chaired by it and with the membership of each of: (the Ministry of Human Resources and Social Development, the Ministry of Finance, and the Higher Commission for Industrial Security), to consider the transfer of military employees, equipment, work premises, contracts, and related projects linked to the work of the Higher Commission for Industrial Security from the Ministry of Interior to the Authority, and to report on what requires reporting.
  5. Fifth: Civil employees to be transferred from the Ministry of Interior to the Higher Commission for Industrial Security shall be treated in accordance with the provisions contained in the rules and arrangements for the treatment of employees and workers in sectors targeted for transformation and privatization, issued by Cabinet Decision No. (616) dated 20/10/1442 AH.
  6. Sixth: The financial consideration for services and works for which the Board of Directors of the Higher Commission for Industrial Security deems it appropriate to charge a financial consideration shall be determined in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, pending the issuance of the (Regulation on the Practice of Public Authorities, Institutions, and Those of Similar Status Regarding Imposing Financial Consideration for Services and Works They Provide), and the implementation thereof.
  7. Seventh: Petroleum, industrial, and service facilities falling within the supervisory scope of the Higher Commission for Industrial Security, their affiliated utilities, and their employees, shall comply with the following:
    • Enabling the Authority to directly exercise its competencies and carry out its missions in full.
    • Complying with the regulations and instructions issued by the Authority.
    • Notifying the Authority of any event, risk, or threat to the security and safety of facilities, in accordance with the mechanisms approved by the Authority for transmitting notifications.
    • Cooperating with the Authority when it conducts any investigation, audit, or assessment of facilities.
    • Providing the Authority with the documents, information, data, and reports necessary to carry out its competencies and missions, and enabling it to conduct field surveys of all facilities.
  8. Eighth: The Permanent Ministerial Committee for examining foreign investments, formed by Cabinet Decision No. (83) dated 30/1/1443 AH, shall study requests for foreign investment in any of the activities listed in the list of types of activities excluded from foreign investment that are licensed by the Higher Commission for Industrial Security, and decide on them in coordination with the Authority.
  9. Ninth: Notwithstanding the provisions of paragraph (Eighth) of this Decision, the Higher Commission for Industrial Security shall license foreign investors licensed by the Ministry of Investment in any of the activities that fall within the Authority's competencies.

Chairman of the Council of Ministers

Organization of the Higher Commission for Industrial Security

Article One

The following terms and expressions shall have the meanings set out beside them, unless the context requires otherwise:

Authority: The Higher Commission for Industrial Security.

Organization: The organization of the Authority.

Board: The Board of Directors of the Authority.

Chairman: The Chairman of the Board.

Member: A member of the Board.

Governor: The Governor of the Authority.

Facilities: All petroleum, industrial, and service facilities falling within the supervisory scope of the Authority and their affiliated utilities, including those working therein.

Industrial Security: The set of procedures and regulations relating to security, safety, and fire protection within facilities falling within the supervisory scope of the Authority, and their secure perimeter.

Industrial Security Fields: Security, safety, and fire protection.

Article Two

The Authority shall have legal personality and financial and administrative independence, and shall be organizationally linked to the President of the Council of Ministers.

The Authority's main headquarters shall be in the city of Riyadh. It may establish branches or offices within the Kingdom as needed.

Article Three

The Authority aims to regulate the requirements of industrial security fields in facilities, and may — in pursuit of that objective — take all necessary action to achieve its goals, including:

  1. Formulating appropriate policies and plans to protect facilities in industrial security fields.
  2. Issuing regulations and instructions pertaining to industrial security fields, and updating them in accordance with circumstances and developments.
  3. Classifying facilities falling within the supervisory scope of the Authority.
  4. Establishing an industrial security operations center linked to all operations rooms in facilities falling within the supervisory scope of the Authority.
  5. Establishing comprehensive databases and information systems on facilities falling within the supervisory scope of the Authority.
  6. Organizing and holding workshops, seminars, conferences, and exhibitions inside and outside the Kingdom, and participating in them, in accordance with the applicable procedures.
  7. Supervising facilities and monitoring their compliance with regulations and instructions pertaining to industrial security fields.
  8. Licensing the practice of professions related to industrial security fields.
  9. Working with relevant entities to align the Authority's standards with controls for clearance, licensing, importation, sale, and investments in industrial security fields as determined by the Authority, and monitoring compliance therewith.
  10. Encouraging research and development in industrial security fields.
  11. Strengthening efforts to advance industrial security fields and setting quality standards and monitoring compliance therewith.
  12. Representing the Kingdom in local, regional, and international bodies concerned with industrial security fields, in accordance with the regulatory procedures.
  13. Communicating with counterpart entities outside the Kingdom and benefiting from their experience, provided this does not conflict with the confidentiality of the Authority's work, and in accordance with the regulatory procedures.
  14. Developing performance measurement indicators specific to industrial security fields in facilities falling within its supervisory scope, and preparing periodic reports on the status of compliance with industrial security field requirements.
  15. Engaging universities, colleges, scientific research centers, and entities related to industrial security to conduct academic studies and research in industrial security fields.
  16. Establishing specialized laboratories — in agreement with the Ministry of Finance — for analyzing samples resulting from industrial incidents, in partnership with Saudi universities and national research centers.
  17. Proposing regulations related to the Authority's competencies, proposing amendments to existing ones, and escalating the matter to complete the regulatory procedures.

Article Four

The Authority shall have a Board of Directors chaired by the Minister of Interior, with the following members:

  1. The Minister of Energy or his delegate.
  2. The Minister of the National Guard.
  3. The National Security Advisor.
  4. The Minister of Environment, Water and Agriculture.
  5. The Minister of Finance.
  6. The Minister of Communications and Information Technology.
  7. The Minister of Industry and Mineral Resources.
  8. The Minister of Transport and Logistics Services.
  9. The Minister of Human Resources and Social Development.
  10. The Director of General Intelligence.
  11. The Director of State Security.
  12. The Chairman of the Joint Chiefs of Staff.
  13. The Governor of the Authority.
  14. The Governor of the General Authority for Military Industries.
  15. Three individuals with specialization in the Authority's field of work, appointed by order of the President of the Council of Ministers based on a recommendation by the Chairman, for a membership term of (three) years, renewable once.

Article Five

The Board is the supreme authority of the Authority; it supervises its management and conducts its affairs, monitors the implementation of regulations and instructions relating to general industrial security policies, and takes all decisions necessary to achieve its objectives within the limits of the Organization. In particular, it shall have the following:

  1. Approving the general policies relating to the Authority's activities, and the plans and programs necessary for their implementation, and supervising their implementation.
  2. Approving the National Industrial Security Strategy, and the plans and programs necessary for its implementation, and escalating it to complete the regulatory procedures in that regard.
  3. Approving the support and protection strategy for facilities falling within the supervisory scope of the Authority, and escalating what requires the completion of procedures in that regard.
  4. Approving the organizational structure of the Authority in accordance with the applicable procedures.
  5. Approving the financial and administrative regulations, and other internal regulations, for the management of the Authority's work and affairs, provided that the approval of the administrative regulations is done in agreement with the Ministry of Human Resources and Social Development, and the approval of the financial regulations and provisions with financial impact in the administrative regulations is done in agreement with the Ministry of Finance.
  6. Approving the decisions necessary to implement the provisions contained in the Organization and the regulations issued thereunder.
  7. Determining the facilities falling within the supervisory scope of the Authority, in preparation for submitting them to the President of the Council of Ministers for approval.
  8. Determining the financial consideration for services and works for which the Board deems it appropriate to charge a financial consideration.
  9. Approving the Authority's work plan and operational plans.
  10. Approving the establishment of branches or offices for the Authority within the Kingdom, as needed.
  11. Approving the purchase and sale of real estate in furtherance of the Authority's purposes, without prejudice to related regulations.
  12. Approving the conclusion of agreements and contracts in accordance with the applicable regulatory procedures.
  13. Reviewing periodic reports on the course of work in the Authority, and taking the necessary decisions in that regard.
  14. Determining the military and security entities to guard facilities falling within the supervisory scope of the Authority.
  15. Approving the draft budget of the Authority, its closing account, the auditor's report, and the annual report, in preparation for their submission in accordance with the applicable regulatory procedures.
  16. Accepting gifts, donations, grants, bequests, and endowments, in accordance with the rules governing such matters.
  17. Appointing an internal financial controller.
  18. The Board may — at its discretion — form permanent or temporary committees from among its members or others, and entrust them with such tasks as it deems appropriate, naming in the formation decision the chairman and members of each committee and specifying their tasks. Each committee may seek assistance from whoever it deems fit to perform the tasks assigned to it. The Board may also delegate some of its tasks to its Chairman or any of its members, in accordance with the requirements of the Authority's work.

Article Six

  1. The Board shall convene upon invitation from the Chairman at least once every (three) months, and whenever the need arises, or if (three) members or more so request. The invitation must include an agenda.
  2. A meeting shall be valid only if a majority of the members are present, including the Chairman or his delegate from among the members. Decisions shall be issued by a majority of the votes of those present at a minimum, and in the event of a tie, the Chairman of the meeting shall cast the deciding vote.
  3. The deliberations and decisions of the Board shall be recorded in minutes signed by the Chairman and the members present. Decisions that the Chairman deems necessary to publish shall be published in the Official Gazette or any other appropriate means, provided that such publication does not prejudice the public interest or work confidentiality, and the Authority shall communicate these decisions directly to the relevant entities in the appropriate manner.
  4. The Board shall appoint a Secretary-General, who shall report to the Governor, to organize and coordinate the work of the Board.
  5. A member may not authorize another person to vote on his behalf during his absence, nor may he abstain from voting. A dissenting member may record his objection and the reasons thereof in the Board's minutes of decisions.
  6. The Board may invite those whose knowledge and expertise it deems useful to attend its sessions, without having the right to vote.
  7. No member, nor any person attending Board sessions, may disclose any of the Authority's secrets to which they have become privy.
  8. The Board shall issue the rules and procedures governing the holding of its meetings and the mechanisms for issuing its decisions, including rules for remote meetings.
  9. Board meetings shall be held at the Authority's main headquarters. They may, when necessary, be held at another location within the Kingdom.

Article Seven

  1. The Authority shall have a Governor at the distinguished grade, appointed based on a nomination by the Chairman. The Governor shall be the executive officer responsible for managing the Authority, and his responsibilities shall be concentrated within the limits set out in the Organization and as determined by the Board.
  2. The Governor shall, in particular, exercise the following powers and tasks:
    • Supervising the preparation of general policies relating to the Authority's activities, and the plans and programs necessary for their implementation, submitting them to the Board, and monitoring their implementation after approval.
    • Supervising the preparation of the National Industrial Security Strategy, and the plans and programs necessary for its implementation, and presenting them to the Board for approval.
    • Supervising the preparation of the organizational structure of the Authority, and submitting it to the Board.
    • Supervising the preparation of the financial and administrative regulations, and other internal regulations, for the Authority to carry out its missions, and submitting them to the Board.
    • Monitoring the implementation of decisions issued by the Board.
    • Proposing the decisions necessary to implement the provisions contained in the Organization and the regulations issued thereunder, within the scope of his delegated powers.
    • Supervising the Authority's personnel in accordance with his delegated powers and as determined by the relevant organizational regulations.
    • Appointing civilian personnel of the Authority in accordance with the relevant organizational regulations.
    • Supervising the preparation of periodic reports on the Authority's work, achievements, and activities, and submitting them to the Board.
    • Supervising the preparation of the Authority's operational work plan, submitting it to the Board, and monitoring its implementation after approval.
    • Disbursing from the Authority's budget and taking all financial measures in accordance with applicable regulations and bylaws, and within the powers delegated to him by the Board.
    • Supervising the preparation of the Authority's draft budget, closing account, auditor's report, and annual report, in preparation for their submission to the Board.
    • Representing the Authority before the judiciary, government agencies, institutions, and other related bodies and entities inside and outside the Kingdom, and may delegate others to do so.
    • Approving the plans and programs necessary for training, scholarships, and dispatching the Authority's personnel in their fields of work, and monitoring their implementation.
    • Organizing the Authority's participation in local, regional, and international conferences, seminars, and exhibitions in accordance with the regulatory procedures.
    • Signing agreements and contracts after Board approval, or in accordance with the powers granted to him by the Board, and in accordance with the applicable regulatory procedures.
    • Any other competency assigned to him by the Board.
    • The Governor may delegate some of his powers and tasks to such personnel of the Authority as he sees fit.

Article Eight

Civilian personnel of the Authority — other than the Governor — shall be subject to the Labor Law and the Social Insurance Law. Military personnel of the Authority shall be subject to military service systems and regulations, and the Military Retirement Law, and shall enjoy all the benefits of the Authority's personnel as determined by the Board.

Article Nine

The Governor of the Authority shall have deputies appointed by decision of the Chairman based on a nomination by the Governor. The deputies shall carry out the work and powers delegated to them by the Governor within the limits of the Organization, and the approved regulations and procedures related thereto.

Article Ten

The Authority shall have an independent budget, and the Authority's fiscal year shall be the State's fiscal year. As an exception, the Authority's first fiscal year shall commence from the date the Organization enters into force.

Article Eleven

  1. Amounts allocated to it in the General State Budget.
  2. Financial consideration collected in exchange for the services and works it provides.
  3. Gifts, donations, grants, bequests, and endowments accepted by the Board.
  4. Any other source approved by the Board, provided it does not conflict with regulations and instructions.

Article Twelve

All revenues of the Authority shall be deposited in the current account of the Ministry of Finance at the Saudi Central Bank. The Authority shall open an account for itself at the Saudi Central Bank. It may open other accounts at any bank licensed to operate in the Kingdom, and disbursements from these accounts shall be made in accordance with the Authority's budget.

Article Thirteen

The Authority shall be treated, with respect to the exemption of its imports from customs duties, in accordance with the rules applicable to the imports of public institutions.

Article Fourteen

The Authority shall submit, within (ninety) days from the beginning of each fiscal year, an annual report to the President of the Council of Ministers on its achievements compared to the preceding year, the difficulties it has faced, and its recommendations for improving the course of work.

Article Fifteen

Without prejudice to the competence of the General Auditing Bureau in overseeing the Authority's accounts, the Board shall appoint one or more external auditors licensed to operate in the Kingdom to audit the Authority's accounts, transactions, statements, annual budget, and closing account, and the Board shall determine their fees. The auditor's report shall be submitted to the Board, and the General Auditing Bureau shall be provided with a copy thereof.

Article Sixteen

This Organization shall be published in the Official Gazette and shall come into force from the date of its publication.

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