The Law of Domestic Pilgrim Services is a set of legal rules governing providing services to domestic pilgrims. It outlines the procedures for issuing licenses for these services, as well as the duties and responsibilities involved. It was issued in 2005.
The law defines domestic pilgrims as those who come to perform Hajj and reside within the territory of the Kingdom of Saudi Arabia.
History of the Law of Domestic Pilgrim Services
The regulations for organizing domestic pilgrim services were first issued in 1989. The Law of Domestic Pilgrim Services was then established in 2005, containing thirty-three articles, and replaced the previous regulations. In 2015, a clause was added to Article Twenty-Two, addressing law violations, ways to resolve them, and specifying the entity responsible for handling disputes related to violations of the Law of Domestic Pilgrim Services. In 2023, the Implementing Regulations for the Law of Domestic Pilgrim Services were issued.
Conditions for granting a license to provide services to domestic pilgrims
The Implementing Regulations for the Law of Domestic Pilgrim Services outline the requirements for granting and renewing licenses. The Ministry of Hajj and Umrah sets these requirements, considering the establishment's physical, operational, and administrative capabilities necessary to provide the service. Administrative tasks must be performed exclusively by Saudis.
The implementing regulations specify conditions for licensees: the establishment must be Saudi, have a valid commercial registration, and its manager must not have been convicted of a crime involving dishonor or breach of trust unless rehabilitated. The manager must not be a shareholder or partner in another licensed domestic pilgrim service company or own a licensed individual domestic pilgrim service providing establishment, except if inherited. The manager must not have previously had their license revoked due to regulatory violations. This rule applies when ownership of the establishment changes, and one person cannot manage two establishments simultaneously.
Services provided by companies under the Law of Domestic Pilgrim Services
Article Four of the Law of Domestic Pilgrim Services mandates licensed institutions and companies to ensure they have the necessary financial, administrative, and operational capabilities before offering services, provide services at prices consistent with the level of services offered, including transportation, accommodation, catering, and care, have the institution's owner personally manage the work or delegate it to the institution's registered manager with the approval of the Ministry of Hajj and Umrah, have the company's general manager personally manage the work meeting the same requirements as the institution's owner or delegate it to a partner under certain conditions with the ministry's approval, and employ only Saudis for administrative tasks and contracts with pilgrims.
Penalties for violating the Law of Domestic Pilgrim Services
Article Twenty of the Law of Domestic Pilgrim Services outlines the penalties for licensed individuals who violate the law's provisions. These penalties can include a fine of up to SAR100,000 and a reduction in the number of pilgrims they are licensed to serve, suspension from work for one or more seasons, or the cancellation of their license.
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